Términos del servicio

Overview

Welcome to ELYRE! "We," "us," and "our" refer to ELYRE. ELYRE operates this store and website, including all related information, content, features, tools, products, and services, to offer you (our customer) a personalized shopping experience (the "Service"). ELYRE is powered by Shopify, which enables us to provide the Service to you.

These Terms of Service, along with any policies referenced in them (collectively, "these Terms of Service" or "Terms"), describe your rights and responsibilities when using the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By accessing, engaging with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Service.

Section 1 – Access and Account Permissions

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you consent to any minor dependents using our Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any product or service we offer, you may be asked to provide certain information, such as your email, billing, payment, and shipping details. You represent and warrant that all information you provide to our store is accurate, complete, and current, and that you have all necessary rights to provide such information.

Maintaining the security of your account credentials and all activity associated with your account is solely your responsibility. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We have made every effort to accurately represent our products and services in our online store. However, please note that, due to differences in the type of device you use to access the store and the settings of that device, the colors or actual appearance of products may differ from what you see on screen.

We do not warrant that any product or service you purchase will meet your expectations in appearance or quality, or that it will be exactly as described or shown in our online store.

All product descriptions are subject to change without notice. We reserve the right to discontinue the availability of any product at any time and to limit the quantity of any product we supply to any person, geographic area, or jurisdiction, based on specific circumstances.

Section 3 – Orders

Placing an order represents your offer to purchase. ELYRE reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is not considered accepted until ELYRE confirms its acceptance. We must receive and process your payment before an order is accepted. We ask that you review your order carefully before submitting it, as ELYRE may not be able to help you cancel it once accepted. If we do not accept, or if we modify or cancel your order, we will attempt to notify you via the email, billing address, and/or phone number you provided when placing your order.

Your purchase is subject to returns and exchanges solely in accordance with our refund policy: https://elyrebeauty.com/policies/refund-policy

You represent and warrant that you are purchasing the product for personal or household use, and not for commercial resale or export purposes.

Section 4 – Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time your order is placed, and this information will also be included in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping costs, handling fees, or customs or import charges.

Prices listed in our online store may differ from those offered in physical stores or on other websites or third-party stores. We may occasionally offer promotions that affect pricing; such promotions are governed by separate terms of service independent of these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will prevail.

You agree to provide complete, accurate, and current purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account information and other details, including your email, credit card number, and expiration date, so that we can complete your transactions and contact you if necessary.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are entitled to use such credit card to make purchase transactions; (iii) any charges incurred will be honored by your credit card issuer; and (iv) you will pay any charges incurred, including shipping and handling fees, along with any applicable taxes, at the listed prices.

Section 5 – Shipping and Delivery

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing, or events beyond our control. Ownership and risk of loss transfer to you immediately once we deliver the product to the carrier.

Section 6 – Intellectual Property

Our services, including but not limited to all trademarks, marks, wordmarks, imagery, graphics, product reviews, videos, and audio, as well as related designs, selections, and arrangements, are owned by ELYRE, its affiliates, or licensors, and are protected by U.S. and international patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material related to the Service without our prior written consent. Nothing in these Terms grants, or should be construed as granting, any license or other right to any patents, trademarks, copyrights, or other intellectual property rights of ELYRE, Shopify, or third parties, unless expressly stated in these Terms. Unauthorized use of the Service may violate federal and state intellectual property laws. ELYRE reserves all rights not expressly granted in these Terms.

ELYRE's name, logo, product and service names, designs, and slogans are trademarks of ELYRE or its affiliates or licensors. You may not use such marks without ELYRE's prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are trademarks of their respective owners.

Section 7 – Optional Tools

As part of the Service, you may be granted access to third-party customer tools that we do not monitor, control, or have any involvement in.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without warranties, representations, or conditions of any kind, and without any endorsement. We assume no responsibility arising from your use of, or in connection with, optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure you are familiar with and agree to the terms under which such tools are provided by the relevant third-party providers.

We may also offer new features through the Service in the future (including the launch of new tools and resources). These new features will also be considered part of the Service and subject to these Terms of Service.

Section 8 – Third-Party Links

The Service may contain materials and links to websites (including any embedded third-party features) provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Service and access such third-party materials or websites, you do so at your own risk.

We assume no liability for any damage or harm caused by your access to any third-party website, or by your purchase or use of any product, service, resource, or content from such site. We recommend carefully reading third-party policies and practices to make sure you understand the specific requirements before completing any transaction. Complaints, claims, concerns, or issues related to third-party products and services should be directed to that third party.

Section 9 – Relationship with Shopify

ELYRE is powered by Shopify, which enables us to provide services to you. However, all sales and purchase transactions you make through our store are completed directly with ELYRE. By using the Service, you acknowledge and agree that Shopify is not responsible for any matter arising from or related to the sales transactions between you and ELYRE, including any damage, injury, or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising from or related to your purchases and transactions with ELYRE.

Section 10 – Privacy Policy

All personal information we collect through the Service is governed by our Privacy Policy, available at https://elyrebeauty.com/policies/privacy-policy. Some personal information may be governed by Shopify's Privacy Policy. By using the Service, you acknowledge that you have read these Privacy Policies.

Because the Service is hosted by Shopify, Shopify will collect and process personal information about your access to and use of the Service in order to provide and improve the Service for you. Information you submit to the Service will be transferred to and shared with Shopify and with third parties, who may be located in countries outside your own, in order to provide you with the Service. Please refer to our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 11 – Feedback

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, sublicensable, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, improve, and promote the Service, as well as to fulfill and exercise our obligations and rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all rights necessary to submit all Feedback; (ii) you have disclosed any compensation or reward you receive for submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation, now or in the future, to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third party's rights, including copyright, trademark, privacy, personal rights, or other individual or property rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, and will not contain any computer virus or other malicious software that could affect the operation of the Service or any related website. You must not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no liability for any Feedback posted by you or any third party.

Section 12 – Errors, Inaccuracies, and Omissions

Occasionally, there may be information on or related to the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, as well as to change or update information or cancel orders (even after an order has been submitted).

Section 13 – Prohibited Use

You may only access and use the Service for lawful purposes. You may not access or use the Service, directly or indirectly, for any of the following purposes: (a) any unlawful or malicious purpose; (b) to violate any local, international, federal, provincial, or state statute, rule, law, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any of our employees or staff; (e) to submit false or misleading information; (f) to upload or transmit, or knowingly receive, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or cause the transmission of, any advertising or promotional material, including "spam," "chain letters," "junk mail," or any similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or conduct that we determine may harm us, Shopify, or users of the Service, or expose us to liability.

Additionally, you agree not to engage in the following: (a) uploading or transmitting viruses or any other type of malicious code that could be used in a manner that affects the functionality or operation of the Service; (b) copying, imitating, reselling, or exploiting any portion of the Service; (c) collecting or tracking personal information of others; (d) sending spam, phishing, unjustified impersonation, web crawling, or data scraping; or (e) interfering with or circumventing the security features of the Service, any related website, another website, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.

Section 14 – Termination

We may terminate this Agreement or your access to the Service (or any part of it) at any time without notice, and you will remain liable for all amounts due up to and including the termination date.

The following provisions will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; the Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other term that by its nature should survive termination.

Section 15 – Disclaimer of Warranties

Information provided on or through the Service is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of such information. You assume all risk in relying on such information. We assume no responsibility arising from you, any other visitor to the Service, or anyone who may have access to any of the content herein.

Unless expressly stated by ELYRE, the Service and all products provided through it are offered "as is" and "as available" for your use, without warranties, representations, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or prohibit disclaimers of implied or other warranties, so the above disclaimer may not apply to you.

Section 16 – Limitation of Liability

To the fullest extent permitted by law, in no event will ELYRE, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, nor any of the foregoing parties related to Shopify and its affiliates, be liable for any damages, losses, claims, or injuries of any kind, whether direct, indirect, incidental, punitive, special, or consequential, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any Service or product acquired through the Service, or from any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such damages.

Section 17 – Indemnification

You agree to indemnify, defend, and hold harmless ELYRE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim payable to a third party arising from or related to: (1) your breach of these Terms of Service or any document referenced herein; (2) your violation of any law or infringement of any third party's rights; or (3) your access to and use of the Service.

We will notify you of any indemnifiable claim, and failure to provide timely notice will not relieve you of your indemnification obligations unless it materially prejudices you. We may control the defense and settlement of such claims at your expense, including choice of counsel; however, we will not settle any claim that requires you to assume non-monetary obligations without your consent (which will not be unreasonably withheld). You must cooperate in the defense of indemnifiable claims, including providing relevant documentation.

Section 18 – Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severable from these Terms of Service. Such a determination will not affect the validity or enforceability of the remaining provisions.

Section 19 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted on this website or in connection with the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service, and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of these Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 – Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

Section 21 – Governing Law

These Terms of Service, and any separate agreement under which we provide you services, are governed by and construed in accordance with the laws of the jurisdiction in which ELYRE is based, without regard to its conflict-of-law provisions. You and ELYRE agree to submit to the exclusive personal and subject-matter jurisdiction of the courts located in that jurisdiction.

Section 22 – Headings

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

Section 23 – Changes to the Terms of Service

You can review the most current version of the Terms of Service on this page at any time. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to review this page periodically. Your continued use of the Service after any changes are posted constitutes acceptance of those changes.

Section 24 – Subscriptions and Recurring Orders

Some products in our store may be available for purchase as subscriptions. By purchasing a subscription, you will receive repeat deliveries based on the subscription duration and frequency you select at checkout. All subscription orders are subject to these Terms of Service and our refund policy.

Your payment details will be stored securely and you will be charged for each delivery, unless you choose to pay in advance. Subscription prices are subject to change without notice. We may notify you of any price changes before they take effect.

You may cancel or modify your subscription at any time by logging into your account or contacting our customer support team at support@elyrebeauty.com. Cancellations must be submitted at least 48 hours before the next scheduled renewal date to avoid being charged for the next delivery.

Once a subscription order has been processed and shipped, it cannot be canceled. Any charge already processed is non-refundable, except as otherwise provided in our refund policy: https://elyrebeauty.com/policies/refund-policy

If you cancel your subscription, you will not be charged for future deliveries, but you will remain responsible for all charges incurred prior to cancellation.

Section 25 – Contact Information

Any questions regarding these Terms of Service should be sent to support@elyrebeauty.com.