Terms Of Service

Terms Of Service

This website is operated by Elistely. Throughout the site, the terms “we,” “us,” and “our” refer to Elistely.

Elistely offers this website, including all information, tools, products and services available through this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein or available by hyperlink.

These Terms of Service apply to all users of the website, including, without limitation, browsers, customers, merchants, vendors and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms.

If you do not agree to all the terms and conditions contained in this agreement, you may not access the website or use any of our Services.

Any new features, products or tools added to the website will also be subject to these Terms of Service.

You may review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates or changes on our website.

It is your responsibility to review this page periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, province or country of residence.

If you are the age of majority and allow any minor dependents to use this website, you confirm that you have given them permission to do so.

You may not use our products or Services for any illegal or unauthorized purpose. You may not, while using the Service, violate any applicable laws, including copyright and intellectual property laws.

You must not transmit viruses, worms or any other code of a destructive or harmful nature.

A breach or violation of any provision of these Terms may result in the immediate termination of your access to our Services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any lawful reason at any time.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve:

  1. Transmissions over various networks; and
  2. Changes necessary to conform and adapt to the technical requirements of connecting networks or devices.

Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact through which the Service is provided without our express written permission.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that the information provided on this website is accurate, complete and current.

However, information provided on this site is for general informational purposes and should not be relied upon as the sole basis for making decisions without consulting more complete or up-to-date sources where appropriate.

Any reliance on information provided on this website is at your own risk.

This website may contain historical information that is provided for reference purposes only and may not be current.

We reserve the right to modify the contents of this website at any time. We are not obligated to update all information unless required by applicable law.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Product prices are subject to change without notice.

We reserve the right to modify, suspend or discontinue the Service, or any part of the Service, at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service, except where liability cannot be excluded under applicable law.

SECTION 5 — PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through our website.

Products may be available in limited quantities and may only be returned or exchanged in accordance with our Refund Policy:

https://elistely.com/policies/refund-policy

We make reasonable efforts to display product colors, materials, measurements, features and images as accurately as possible.

However, we cannot guarantee that your device or monitor will display every product color accurately.

We reserve the right, but are not obligated, to:

  • Limit the sale of products or Services to any person, geographic region or jurisdiction;
  • Limit the quantity of any product or Service offered;
  • Change product descriptions, availability or pricing without prior notice;
  • Discontinue any product at any time; and
  • Cancel or limit orders where reasonably necessary.

Any offer for a product or Service made on this website is void where prohibited by law.

Product materials, colors, measurements and details may vary slightly depending on production batches, lighting conditions and screen settings.

We do not guarantee that every product or Service will meet every customer’s personal expectations. Your statutory consumer rights remain unaffected.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel any order placed with us where reasonably necessary.

These restrictions may include orders placed:

  • By the same customer account;
  • Using the same credit card;
  • Using the same billing or shipping address; or
  • By dealers, resellers or distributors.

If we change or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided at checkout.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account details, email address, billing information and other relevant information so that we can process your transaction and contact you when necessary.

For more information, please review our Refund Policy:

https://elistely.com/policies/refund-policy

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor, control or manage.

You acknowledge that access to these tools is provided on an “as is” and “as available” basis, without warranties, representations or endorsements of any kind.

We will not be liable for damages arising from your use of optional third-party tools, except where such liability cannot legally be excluded.

Your use of third-party tools is at your own risk and discretion. You should review and understand the terms and policies of the relevant third-party provider before using such tools.

New Services, features and tools introduced through the website will also be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

Certain content, products and Services available through our website may include materials or links provided by third parties.

Third-party links may direct you to websites that are not operated, controlled or affiliated with Elistely.

We are not responsible for examining or evaluating the accuracy, content, products, policies or practices of third-party websites.

We will not be liable for harm or damages related to your purchase or use of goods, services, resources or content from third-party websites, except where liability cannot legally be excluded.

Please carefully review the terms, policies and practices of any third-party website before completing a transaction.

Questions, complaints or concerns regarding third-party products or services should be directed to the relevant third party.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us comments, ideas, suggestions, proposals, reviews, photographs or other materials, whether requested by us or submitted voluntarily, you agree that we may use, edit, copy, publish, distribute and translate such content where permitted by law.

We are under no obligation to:

  1. Maintain submitted comments in confidence;
  2. Pay compensation for submitted comments; or
  3. Respond to submitted comments.

We may monitor, edit or remove content that we reasonably determine is unlawful, offensive, threatening, defamatory, obscene, misleading or in violation of intellectual property rights or these Terms.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other proprietary rights.

Your comments must not contain unlawful, abusive, defamatory or obscene material, viruses, malware or other harmful code.

You may not use a false email address, impersonate another person or mislead us or third parties regarding the origin of your comments.

You are responsible for the accuracy and legality of the content you submit.

SECTION 10 — PERSONAL INFORMATION

Your submission and use of personal information through our website are governed by our Privacy Policy:

https://elistely.com/policies/privacy-policy

Please review our Privacy Policy to understand how we collect, use, store and protect personal information.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to:

  • Product descriptions;
  • Product prices;
  • Promotions or discount offers;
  • Shipping charges;
  • Delivery estimates;
  • Product availability; or
  • Other website content.

We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel orders where information is inaccurate, including after an order has been submitted.

Where an order is affected, we will make reasonable efforts to notify the customer.

We are not obligated to update, amend or clarify information except where required by applicable law.

SECTION 12 — PROHIBITED USES

In addition to other prohibitions contained in these Terms, you may not use the website or its content:

  1. For any unlawful purpose;
  2. To solicit others to perform or participate in unlawful activities;
  3. To violate applicable international, national, state, provincial or local laws;
  4. To infringe our intellectual property rights or the rights of another party;
  5. To harass, abuse, insult, harm, defame, intimidate or discriminate against another person;
  6. To submit false or misleading information;
  7. To upload or transmit viruses, malware or harmful code;
  8. To collect or track another person’s personal information without lawful authority;
  9. To spam, phish, scrape, crawl or otherwise misuse the website;
  10. For an obscene or immoral purpose; or
  11. To interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate or restrict your use of the Service for violating any prohibited use.

SECTION 13 — DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of the Service will always be uninterrupted, timely, secure or error-free.

We do not guarantee that every result obtained through the Service will be accurate or reliable.

From time to time, we may suspend or discontinue all or part of the Service where reasonably necessary.

Your use of the Service is at your own risk.

Except where expressly stated otherwise or required by applicable law, the Service and products delivered through the Service are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we disclaim implied warranties or conditions relating to merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.

To the maximum extent permitted by law, Elistely, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors and interns will not be liable for indirect, incidental, punitive, special or consequential losses arising from:

  • Your use of or inability to use the Service;
  • Products purchased through the Service;
  • Errors or omissions in website content; or
  • Content transmitted or otherwise made available through the Service.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including applicable statutory consumer rights.

SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Elistely and its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from claims or demands arising from:

  • Your breach of these Terms;
  • Your violation of applicable law; or
  • Your violation of the rights of a third party.

This provision applies only to the extent permitted by applicable law.

SECTION 15 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the maximum extent permitted by law.

The unenforceable portion will be treated as severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 16 — TERMINATION

The obligations and liabilities incurred before the termination date will survive termination where appropriate.

These Terms remain effective unless terminated by you or by us.

You may terminate these Terms by notifying us that you no longer wish to use our Services or by ceasing to use the website.

If we reasonably believe that you have violated these Terms, we may terminate or restrict your access to the Service without prior notice where permitted by law.

You will remain responsible for amounts properly due before the date of termination.

SECTION 17 — ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision contained in these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and operating rules posted on our website, constitute the entire agreement between you and Elistely regarding your use of the Service.

These Terms supersede prior or contemporaneous agreements, communications and proposals relating to the Service, whether oral or written.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

SECTION 18 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and interpreted in accordance with the applicable laws of the United Kingdom, without prejudice to any mandatory consumer protection rights available in the customer’s country of residence.

SECTION 19 — CHANGES TO THE TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting changes on our website.

It is your responsibility to review the website periodically for updates.

Your continued use of the website or Service after changes are posted constitutes acceptance of the revised Terms, subject to applicable law.

SECTION 20 — CONTACT INFORMATION

Questions regarding these Terms of Service, products, orders, shipping, returns or other customer service matters may be sent to:

Customer service email: support@elistely.com