Terms of service
Welcome to E.L.C. Watches. These Terms of Service (“Terms”) govern your access to and use of the E.L.C. Watches website, online store, products, services, content, features and related services (collectively, the “Services”).
In these Terms, “E.L.C. Watches,” “we,” “us,” and “our” refer to E.L.C. Watches.
Our online store is hosted and powered by Shopify, which provides the technology that enables us to offer the Services.
Please read these Terms carefully. They contain important information about your rights and obligations, including provisions relating to purchases, warranties, limitations of liability and use of the Services.
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not access or use the Services.
ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your jurisdiction of residence. If you permit a minor dependent to use the Services, you are responsible for that use to the extent permitted by applicable law.
When using certain features of the Services or placing an order, you may be asked to provide information including your name, email address, billing information, payment information and shipping information.
You agree that the information you provide is accurate, current and complete and that you have the right to provide such information.
You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account. You may not sell, transfer, assign or otherwise provide your account to another person.
PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to ensure that product descriptions, images, specifications and other information displayed through the Services are accurate.
Product colors and appearance may vary depending on your device, display settings and other technical factors.
Product specifications, descriptions, availability and other product information may be updated from time to time. We reserve the right to modify, discontinue or limit the availability or quantity of products offered through the Services, subject to applicable law.
Nothing in these Terms limits any rights or protections that cannot legally be excluded or limited under applicable consumer protection laws.
ORDERS
When you submit an order through the Services, you are making an offer to purchase the selected products.
An order is not accepted until we confirm acceptance of the order. We reserve the right to accept, decline, limit or cancel an order where permitted by applicable law, including where there is an error in pricing, product information, availability or other order information.
If we cancel or modify an order, we will make reasonable efforts to notify you using the contact information provided with your order.
Please review your order carefully before submitting it. Cancellation rights, where available, are governed by our applicable Refund, Returns and Cancellation Policy.
Your purchases are subject to the terms of our applicable Refund, Returns and Cancellation Policy.
You represent that products purchased through the Services are for personal or household use and not for unauthorized commercial resale.
PRICES AND BILLING
Product prices, discounts and promotions may change from time to time.
The price applicable to your purchase will be the price displayed at the time your order is placed, subject to any applicable correction of pricing errors permitted by law.
Unless expressly stated otherwise, applicable taxes, shipping charges, customs duties, import charges or other applicable fees may be additional and will be presented where applicable during checkout or otherwise communicated before purchase.
Promotional offers may be subject to additional terms. If the terms of a specific promotion conflict with these Terms, the promotional terms will apply to the extent of that conflict.
You agree to provide accurate and complete billing, payment and account information and to update that information when necessary so that we can process your transactions and contact you regarding your orders.
You represent that you are authorized to use the payment method provided for your purchase.
SHIPPING AND DELIVERY
Shipping options, delivery estimates and applicable shipping charges will be presented during checkout or otherwise communicated before purchase, where applicable.
Delivery times are estimates and are not guaranteed unless expressly stated otherwise.
We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete delivery information, or circumstances outside our reasonable control.
International orders may be subject to customs duties, import taxes, brokerage fees or other charges imposed by the destination country. Unless expressly stated otherwise, such charges are the responsibility of the customer.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
RETURNS, REFUNDS AND CANCELLATIONS
Returns, refunds and cancellations are governed by our applicable Refund, Returns and Cancellation Policy.
We will not advertise or represent a specific return period, refund entitlement or cancellation right unless it is provided for in the applicable policy and available under applicable law.
Nothing in these Terms limits any mandatory consumer rights that apply to your purchase.
INTELLECTUAL PROPERTY
The Services and their contents, including trademarks, logos, text, product names, product descriptions, images, graphics, photographs, videos, audio, designs, layouts and other materials, are owned by E.L.C. Watches, its affiliates or its licensors and are protected by applicable intellectual property laws.
You may access and use the Services for personal, non-commercial purposes.
Except as permitted by applicable law or with our prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit materials made available through the Services.
Nothing in these Terms grants you any ownership interest or license in any E.L.C. Watches or third-party intellectual property except for the limited right to use the Services as expressly permitted by these Terms.
E.L.C. Watches names, logos, product names, designs, slogans and other brand elements are trademarks of E.L.C. Watches, its affiliates or licensors, where applicable.
Shopify and its associated names, logos and marks are trademarks of Shopify. Other trademarks appearing through the Services belong to their respective owners.
OPTIONAL THIRD-PARTY TOOLS
The Services may provide access to tools, applications or functionality supplied by third parties.
We do not necessarily monitor or control third-party tools and are not responsible for their operation or availability.
Your use of third-party tools may be subject to the terms and policies of the applicable third-party provider.
We may introduce additional features, tools or resources through the Services in the future. Any such features will form part of the Services and will be subject to these Terms unless otherwise stated.
THIRD-PARTY LINKS
The Services may contain links to websites, applications or services operated by third parties.
We are not responsible for the content, accuracy, availability, security, policies or practices of third-party websites or services.
If you choose to access a third-party website or service, you do so at your own risk and should review its applicable terms and privacy policies.
Transactions with third parties are between you and the applicable third party.
RELATIONSHIP WITH SHOPIFY
Our online store is powered by Shopify.
However, purchases made through our online store are transactions between you and E.L.C. Watches.
Shopify provides the technology and infrastructure that enables us to operate the online store but is not responsible for the products sold by E.L.C. Watches or for the terms of transactions between you and E.L.C. Watches, except where required by applicable law.
PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because our store is hosted on Shopify, Shopify may process information relating to your access to and use of the Services in accordance with applicable law and Shopify's policies.
Please review our Privacy Policy for information about how E.L.C. Watches collects, uses, stores and shares personal information.
FEEDBACK AND REVIEWS
If you submit reviews, comments, suggestions, ideas, photographs, proposals or other content to us (“Feedback”), you grant E.L.C. Watches a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback for purposes related to operating, improving and promoting our Services, subject to applicable law.
You represent that you have the necessary rights to submit the Feedback and that the Feedback does not violate the rights of another person or entity.
You must not submit Feedback that is unlawful, defamatory, fraudulent, abusive, obscene, infringing, misleading or otherwise objectionable.
We may remove or decline to publish Feedback where we reasonably believe it violates these Terms, applicable law or the rights of another person.
We are not required to maintain Feedback as confidential, provide compensation for Feedback or respond to Feedback.
ERRORS, INACCURACIES AND OMISSIONS
Information provided through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to products, pricing, promotions, shipping charges, delivery estimates, availability or other information.
We reserve the right to correct errors and update information when permitted by law.
If an error materially affects an order, we may contact you to correct the information or, where permitted by applicable law, cancel the affected order and provide any refund that is required.
PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
- For any unlawful, fraudulent or malicious purpose;
- To violate applicable laws or regulations;
- To infringe intellectual property or other rights;
- To harass, threaten, abuse, defame or harm another person;
- To submit false or misleading information;
- To distribute spam or unauthorized promotional communications;
- To impersonate another person or entity;
- To interfere with the security or operation of the Services;
- To introduce viruses, malware or other harmful code;
- To scrape, extract or collect information from the Services in a manner that is prohibited by these Terms or applicable law;
- To circumvent security, access-control or authorization measures; or
- To engage in activity that could reasonably harm E.L.C. Watches, Shopify, our service providers or other users.
You must not use automated systems or agents to access or interact with the Services in a manner that violates these Terms, bypasses technical restrictions, misrepresents the nature of the automated access, or interferes with the operation of the Services.
We may suspend or terminate access where permitted by law if we reasonably believe that these Terms have been violated.
AGENTS AND AUTOMATED ACCESS
An “Agent” means software or a service that takes autonomous or semi-autonomous actions on behalf of, or at the instruction of, a person or organization.
Agents may access or interact with the Services only where such access is permitted by these Terms and applicable law.
Where technically applicable, automated systems must identify themselves accurately and must not conceal or misrepresent their automated nature.
Agents and automated systems must not:
- Circumvent CAPTCHA or other human-verification mechanisms;
- Mimic human activity for the purpose of bypassing technical restrictions;
- Circumvent access controls or security measures;
- Ignore a request from E.L.C. Watches to stop accessing the Services; or
- Interfere with the availability, security or proper operation of the Services.
We may restrict or block automated access where reasonably necessary to protect the Services, our users or our business.
TERMINATION
We may suspend or terminate your access to the Services where permitted by law if you violate these Terms or engage in conduct that may harm E.L.C. Watches, our users or the Services.
Termination does not affect rights or obligations that arose before termination.
Provisions that by their nature should survive termination, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, governing law and dispute-related matters, will survive termination.
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
We do not guarantee that the Services will always be uninterrupted, timely, secure or error-free.
To the fullest extent permitted by applicable law, E.L.C. Watches disclaims implied warranties and conditions, including warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Nothing in these Terms excludes or limits warranties, guarantees or consumer rights that cannot legally be excluded or limited.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, E.L.C. Watches and its affiliates, officers, directors, employees, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, savings, data or business opportunities, arising from or related to your use of the Services or products purchased through the Services.
To the fullest extent permitted by applicable law, our total liability arising from a particular purchase or claim will be limited to the amount paid by you for the product or service giving rise to that claim.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless E.L.C. Watches, its affiliates, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, liabilities, damages and reasonable costs arising from:
- Your violation of these Terms;
- Your violation of applicable law or the rights of another person; or
- Your misuse of the Services.
This provision does not apply to the extent that a claim results from E.L.C. Watches' own unlawful conduct or from liability that cannot legally be transferred to you.
SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.
WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
These Terms, together with the policies expressly incorporated into them, constitute the agreement between you and E.L.C. Watches concerning your use of the Services and supersede prior agreements or communications concerning the same subject matter.
If there is a conflict between these Terms and a specific policy or promotional offer, the specific policy or promotional terms will govern to the extent of the conflict.
ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.
We may assign or transfer our rights and obligations under these Terms as permitted by applicable law, including in connection with a business sale, merger, restructuring or transfer of assets.
GOVERNING LAW
These Terms are governed by the laws applicable in the jurisdiction in which E.L.C. Watches is legally established and operated, without regard to conflict-of-law principles.
Any dispute arising from these Terms or your use of the Services will be subject to the courts having appropriate jurisdiction under applicable law.
Nothing in this section limits any mandatory consumer protection rights or remedies available to you in your jurisdiction.
HEADINGS
Section headings are provided for convenience only and do not affect the interpretation of these Terms.
CHANGES TO THESE TERMS
We may update these Terms from time to time.
The latest version will be posted on this page with its effective or updated date.
Where required by applicable law, we will provide notice of material changes.
Your continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
CONTACT INFORMATION
If you have questions about these Terms or our Services, please contact E.L.C. Watches:
E.L.C. Watches
Client Care: support@elcwatches.com
Concierge: contact@elcwatches.com
For legal notices or additional business information, please use the contact details officially designated by E.L.C. Watches.
Please do not publish placeholder information such as “[INSERT BUSINESS ADDRESS]”, “[INSERT BUSINESS PHONE NUMBER]”, “[INSERT BUSINESS REGISTRATION NUMBER]” or “[INSERT VAT NUMBER]”. These details should be added only after they have been verified and approved by E.L.C. Watches.