TERMS AND CONDITIONS – ELENA ROSE BOUTIQUE

1 Introduction
1.1 These terms apply to the use of our website or the purchase of products offered through our website.
1.2 Definitions and interpretations of these terms are set out in Section 26.

2 Acceptance
2.1 You represent and warrant that: (a) you are a natural person and at least 18 years old; (b) you are authorized to enter into a legally binding contract with us; and (c) you are not prevented by applicable law or contract from entering into a legally binding contract with us.
2.2 We reserve the right to request written confirmation of your authority to agree to these terms.
2.3 You represent and warrant that you have not: (a) been convicted of a computer or internet offense; and (b) previously been refused products or access to the website.
2.4 We reserve the right to refuse you access to our website if we consider such refusal necessary or appropriate.
2.5 Placing an order means: (a) your representation and warranty that you have carefully and fully read these terms; (b) your offer to purchase the order exclusively in accordance with these terms; (c) your agreement that any order confirmation comes into effect solely on the basis of these terms; and (d) your agreement to be bound by these terms.
2.6 If you do not agree to these terms, you may not use the website and may not purchase products.
2.7 You must expressly agree to these terms in order to: (a) provide information on or via our website; or (b) purchase a product.
2.8 By visiting our website, purchasing products, or agreeing to these terms: (a) you also agree to our Privacy Policy; and (b) you undertake to comply with our Acceptable Use Policy (see Section 12 below for further details).
2.9 We recommend that you print a copy of these Terms and Conditions for future reference.
2.10 If you do not agree to these Terms and Conditions, you cannot place an order or communicate with us.

3 Personal Use
You acknowledge that you will use the website only to purchase products for your own personal and non-commercial use as a principal and not as an agent or on behalf of another person.

4 Price
4.1 The prices of the products on our website include delivery costs but exclude any fees, taxes, duties, levies, or similar governmental charges (“duty unpaid and untaxed”).
4.2 All duties, fees, levies, taxes, or other governmental charges and declarations for importing the products to the delivery address are your responsibility and are to be borne by you and are not included in the product price. In individual cases, deliveries may result in additional costs for which the seller is not liable and which are to be borne by the customer. In addition to shipping costs, these may include costs for import duties or sales tax, as the goods are shipped from a non-EU country (China). Please check with our customer service before ordering whether duties apply to a product. Duties or import taxes are not paid by us and are borne by the buyer. Our goods are always shipped “duty unpaid and untaxed.” The buyer is the “importer of record” and responsible for the proper payment of duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods vary from country to country, you should check your country’s customs and import tax regulations before ordering. It is the buyer’s responsibility to ensure upon receipt of the goods that all laws and regulations of the importing country are met.
4.3 We will endeavor to present all details, descriptions, and prices of the products on our website accurately. However, errors may occur. If we discover a pricing error, we will inform you as soon as possible and give you the option to confirm your order at the correct price or to cancel it. If we are unable to reach you or do not receive a response, the order will be deemed canceled and you will receive a full refund. If you choose reconfirmation, we will arrange delivery and charge you or refund you as described in our notice, based on the payment method you selected when ordering.
4.4 We are not obliged to fulfill an order if the price stated on the website is incorrect (even if you have received an order confirmation).
4.5 Prices may change from time to time. However, such changes do not apply to orders for which an order confirmation has already been sent.

5 Placing an Order
5.1 Once you have placed an order, its fulfillment depends on availability. If we have sufficient stock, you will receive an order confirmation as acknowledgment of receipt. In the event of delivery problems or unavailability, we will inform you by email and refund any payments made if applicable.
5.2 A contract is only formed when we send you an order confirmation, and only for the products listed in the confirmation. These terms form part of the contract and exclude all other terms.
5.3 For orders with multiple products, these may be delivered in separate shipments at different times.
5.4 We reserve the right to remove products from the website at any time. Likewise, we may edit or remove content on the website. We are not liable to you or any third party for the removal of a product or the editing of content.
5.5 We reserve the right to refuse or cancel an order at any time (even after sending an order confirmation). We are not liable for the cancellation or refusal.
5.6 If we cancel an order after receiving your payment (including after sending the order confirmation), we will refund you the full amount.

6 Payment
6.1 You may pay for the products via the payment service providers indicated on our website.
6.2 You may also pay for your order in whole or in part using vouchers provided by us. Vouchers can only be redeemed online at checkout.
6.3 We may use payment service providers to process payments between you and us. You agree that we may share documents and information, including personal data, with these providers.
6.4 We are not a regulated payment service provider and are not liable for failed payments or issues caused by payment service providers.
6.5 You are responsible for providing accurate information in the payment process and must make all payments using your own funds. By placing the order, you confirm that: (a) the payment method used belongs to you; (b) you are the lawful owner of vouchers; and (c) you have sufficient funds or credit.
6.6 We are not liable for unauthorized use of your cards by third parties, even if the cards have been reported stolen. We reserve the right to inform authorities in the event of fraud or illegal activities.
6.7 You will not reverse any payment or attempt to do so.
6.8 You indemnify us in respect of chargebacks and any resulting losses, costs, or liabilities.

7 Delivery
7.1 We will endeavor to deliver your order to the delivery address you provide.
7.2 At the time of ordering, we will provide an estimated delivery date.
7.3 We will inform you if we are unable to meet the delivery date. Liability for losses due to delayed delivery is excluded to the extent permitted by law.
7.4 Some locations are excluded from delivery. We will inform you and cancel the order or deliver to an address confirmed by you.
7.5 Risk passes to you upon delivery, except in the case of delay caused by your fault.
7.6 If you are absent, we will leave a message with further instructions.
7.7 If delivery is refused, we may charge you all costs for the return shipment.
7.8 Goods will be dispatched within 2–120 days of receipt of payment, standard 20–30 business days, up to 16 weeks in exceptional cases. The owner does not ship directly; the order is shipped by the manufacturer once the entire order is in stock.
7.9 All duties, customs, taxes, or other import-related charges are borne by the buyer (see Section 4.2).

8 Cancellation or Modification of Orders
8.1 Cancellation or modification of an order is possible by email as long as the order has not been packaged.
8.2 After packaging, cancellation is no longer possible; returns after receipt are handled in accordance with Section 10.
8.3 As we operate fully automatically, orders are activated immediately; refunds before receipt are only possible up to 24 hours after ordering.

9 Defects in Products
9.1 You acknowledge that products are standard items and not tailor-made.
9.2 All product descriptions and materials on the website are provided “as is,” without warranties.
9.3 Product images may differ from the actual product.
9.4 In the event of defects, inform us by email and send a photo of the defective product.
9.5 Returns are handled in accordance with Section 10.
9.6 We will inspect the goods upon arrival.
9.7 We will inform you by email of the result.
9.8 Our obligation in the event of defects is, at our discretion: (a) replacement delivery upon return of the defective product; or (b) refund of the product price upon return.
9.9 If no defect is present, we may refuse a refund and charge service fees.

10 Returns and Refunds
10.1 Our return conditions form part of these Terms and Conditions.
10.2 Withdrawal period: 30 days from receipt of the last product.
10.3 Return shipping costs are borne by the customer.
10.4 Refunds are only made upon receipt and inspection of the return.
10.5 Products must be unused, in the original packaging, and with intact tags.
10.6 Processing time depends on the order.
10.7 After approval of the return, the refund will be made to the original payment method.
10.8 The return is completed upon our receipt of the goods.
10.9 When shipping from Asia, long delivery times may occur; cancellation after dispatch is not possible.

11 Vouchers
11.1 You may use our vouchers and discounts for payments.
11.2 Vouchers must be redeemed at checkout.
11.3 After entry, the voucher value will be deducted from the total amount.
11.4 Only one voucher can be redeemed per order.
11.5 Voucher values do not bear interest and have no cash value.
11.6 If the balance is insufficient, the difference may be paid by another payment method.
11.7 Refunds in the event of returns do not take voucher balances into account; any paid difference may be refunded.

12 Permitted Use
12.1 You must not (“Prohibited Use”):
(a) use our website in any way or take any action that causes or could cause damage to the website or impair the performance, availability, or accessibility of the website;
(b) use our website in any unlawful, illegal, fraudulent, or harmful manner or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish, or distribute material consisting of (or linked to) spyware, computer viruses, Trojans, worms, keystroke loggers, rootkits, or other harmful computer software;
(d) without our express written consent, systematically or automatically collect data (including scraping, data mining, data extraction, or data harvesting) on or in relation to our website;
(e) access or otherwise interact with our website by means of a robot, spider, or other automated means;
(f) violate the policies in our website’s robots.txt file;
(g) use data collected via our website for direct marketing activities (including email marketing, SMS marketing, telemarketing, or direct mailing);
(h) use data collected via our website to contact individuals, companies, or other persons or entities;
(i) use or control the website to interact with any device unless you are expressly authorized to do so;
(j) use the website’s infrastructure directly or indirectly to initiate, disseminate, participate in, direct, or attempt to hack attacks, or to send bandwidth-overloading, malicious, or potentially harmful network messages to any device, whether ours or not;
(k) directly or indirectly copy, publish, modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive or access the structure or source code of the website (whether to create derivative works of the source code or otherwise);
(l) use or access the website to create a similar or competing product or service or to provide a benchmarking or comparative study of products to third parties;
(m) sell, transfer, sublicense, assign, distribute, or lease your access to the website;
(n) make the website available to third parties over a private computer network;
(o) edit or otherwise modify any content or printed or digital copies of material originating from our website;
(p) use the website in any manner prohibited by applicable law or regulations;
(q) probe without authorization or place orders without authorization; or
(r) place speculative, false, or fraudulent orders.
12.2 You acknowledge that you are responsible to us for all damages, losses, liabilities, costs, or expenses incurred by us arising from or in connection with a prohibited act committed by you or permitted by you.
12.3 You agree to inform us as soon as reasonably possible once you become aware of any person committing a prohibited act. You will reasonably assist us in any investigation that we may initiate as a result of information you provide.
12.4 You must ensure that all information you provide to us via our website or in connection with our website or the products:
(a) is correct, accurate, current, and complete and not misleading;
(b) complies with all applicable laws and regulations;
(c) does not infringe any third-party rights to privacy, personality, confidentiality, intellectual property, or other rights; and
(d) is not offensive, harmful, pornographic, defamatory, unreliable, misleading, illegal, or otherwise objectionable.
12.5 You must promptly provide us with any documents or other information we request to verify your identity. You will immediately update all information you have provided to us so that your details are complete and accurate at all times.
12.6 You must comply with all applicable laws regarding your use of the website, and it is your sole responsibility to ensure that you comply with such laws, whether based on your country of residence, the place from which you access the website, or other circumstances.
12.7 Please email us if you discover any material or activities on our website that violate these terms.

13 Website Links
13.1 Links from our website to other websites and third-party sources are provided for information purposes only. Links from our website to other websites and sources are not to be understood as a recommendation or endorsement of those websites, sources, or any information obtained from them.
13.2 You acknowledge and agree that we have no rights or control over the content of other websites or sources that are linked to or referenced from our website.
13.3 You may link to our homepage provided you do so in a fair and legal manner and do not damage or take advantage of our reputation.
13.4 You may not create links that suggest any connection, approval, or endorsement by us where none exists.
13.5 You may not create a link to our website from any website that you do not own.
13.6 You may not frame our website on another site or create a link to any part of our website other than the homepage.
13.7 We reserve the right to withdraw linking permission at any time without notice.
13.8 The website from which you link must in all respects comply with the content standards of our Acceptable Use Policy (see Section 12 above).
13.9 Please contact us to obtain our prior consent for any link to our website that does not comply with this Section 13.

14 Intellectual Property Rights
14.1 The code, structure, and organization of the website are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights in our website and in the content and materials published on it. These works are protected worldwide by applicable laws and treaties. All rights reserved.
14.3 You may use the website and all content for your personal and non-commercial use and in accordance with these terms only. The content also includes product information.
14.4 You undertake to notify us of any suspected infringement of our intellectual property rights.
14.5 You may not use our trademarks without our prior written consent, except where they form part of material you use in accordance with Section 13 and are reproduced correctly.

15 Privacy Policy
15.1 Our Privacy Policy forms part of these terms under which you use our website.
15.2 We use cookies on our website. We also use cookies to determine how our customers prefer to use our website. By accepting these terms, you also consent to the use of cookies for this purpose. Further information about cookies can be found in our Privacy Policy.
15.3 If you provide us with personal data, we will process it in accordance with your instructions and take appropriate security measures to protect against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
15.4 Unless special arrangements have been made or otherwise agreed in writing, information and documents generated in the course of the sale of products may be shared by us and in particular made available electronically to our employees, officers, advisors, or agents.

16 Viruses
16.1 We do not warrant that our website is secure or free from bugs or viruses.
16.2 You are responsible for configuring your IT systems, software, and platform to access our website. You should use your own antivirus software.
16.3 You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs, or other malicious material.
16.4 You must not attempt to gain unauthorized access to our website, the server on which it is stored, or any server, computer, or database connected to our website.
16.5 You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.
16.6 If we determine that you have breached any provision of this Section 16, your right to use our website will be terminated immediately. We may report breaches to the relevant law enforcement authorities where required by law.

17 Liability
17.1 Subject to Section 17.13, we exclude all liability to the maximum extent permitted by law and accept no responsibility for losses you or third parties suffer due to:
(a) third-party content or user content;
(b) our content, particularly regarding its accuracy, completeness, or timeliness;
(c) the products, particularly their quality, images, descriptions or specifications, conformity with description, and fitness for a particular purpose;
(d) reliance on information in these terms or on our website or features offered;
(e) inaccessibility of the website or parts of it, interruptions, or errors;
(f) delays or failures to perform obligations by us due to circumstances beyond our control (e.g., telecommunications failures, power outages, terrorism, strikes, severe weather, computer malfunctions, delivery problems, labor disputes, illness-related outages), with deadlines extended accordingly.
17.2 We are not liable for loss of profit, loss of business opportunities, loss of goodwill, savings, or any other indirect or consequential damages, even if foreseeable.
17.3 Our liability is limited to the higher of USD 1,000 or five times the price of the affected product, reduced by any outstanding amounts you owe us.
17.4 Claims must be asserted within one year.
17.5 You may not assert claims personally against our employees, officers, or advisors.
17.6 All other warranties or guarantees are excluded to the extent permitted by law.
17.7 Claims relate to our acts or omissions.
17.8 Liability limitations apply collectively, including in cases of joint liability.
17.9 Liability exclusions apply to all services or product deliveries.
17.10 In the case of joint and several liability, we will only pay the portion attributable to us.
17.11 Our liability will be reduced accordingly if other parties are liable.
17.12 This also applies if remedies against other parties are not enforceable.
17.13 Exceptions to liability exclusions: death or personal injury caused by negligence, fraud, or gross negligence, and liability that cannot be excluded.
17.14 These provisions are conclusive with respect to the remedies available.

18 Indemnification
18.1 You shall indemnify us upon request against all claims arising from your material breaches of these terms, fraud, negligence, or your use of the website.
18.2 We may recover incurred costs from you.

19 Force Majeure
19.1 If force majeure lasts longer than one week, we may terminate the terms by written notice without further liability other than refunding paid, undelivered products.
19.2 We reserve the right, at our discretion, to choose the appropriate solution in the event of force majeure to fulfill our obligations.

20 Changes
20.1 We may amend these Terms and Conditions from time to time. We will inform you in advance of material changes that we believe may adversely affect you. We will notify you of changes to these terms. The terms then in force apply to your use of our website and all products offered through our website.
20.2 If you do not agree with the amended terms, you must stop using our website or purchasing our products.
20.3 If you have given your express consent to these Terms and Conditions, we will ask you to expressly consent to the revised Terms and Conditions before you purchase products for the first time after the amendment has taken effect. If you do not expressly consent within the period set by us, you must stop using the website or purchasing our products.

21 Breach of Contract
21.1 Without prejudice to our other rights under these terms, if you breach these terms in any way or if we reasonably suspect that you have breached these terms in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) stop processing an order;
(d) refuse any payments from you;
(e) permanently refuse you access to our website;
(f) block computers using your IP address from accessing our website;
(g) contact one or more of your internet service providers and request that they block your access to our website; or
(h) bring legal proceedings against you, whether for breach of contract or otherwise.
21.2 If we suspend, prohibit, or block your access to our website or any part of it, you must not take any action to circumvent such suspension, prohibition, or blocking.

22 Termination and Suspension
22.1 You may stop using the website at any time.
22.2 We may suspend the provision of the website at any time with or without cause and with or without notice.
22.3 Without prejudice to paragraph 22.2, we may suspend or terminate your access to the website if your use of the website causes or risks legal liability of any kind or impedes others’ use of the website.
22.4 If we suspend or terminate your access to the website, we will try to notify you in advance. Nevertheless, at our discretion we may suspend or terminate your access to the website immediately and without prior notice.
22.5 We do not guarantee that our website will always be available or uninterrupted. We may discontinue, suspend, or withdraw our website in whole or in part or restrict its availability for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are not entitled to compensation or other payments if the website is discontinued, suspended, withdrawn, or modified.

23 Consequences of Termination
23.1 Upon termination of these Terms and Conditions, any obligation to provide services to the customer shall cease immediately.
23.2 In no event shall you be entitled to compensation from us for loss of rights, goodwill, or other losses due to the termination of these terms for any reason.
23.3 Termination of these terms does not affect any other rights already accrued and does not affect provisions of these terms which by their terms apply or remain in force thereafter. Paragraphs 17 (Liability) and 18 (Indemnification) remain in force after termination of these terms.

24 General Provisions
24.1 You may not transfer your rights under these terms.
24.2 The rights, powers, and remedies in these terms are (unless expressly stated) cumulative and not exclusive of rights, powers, and remedies provided by law or otherwise.
24.3 We outsource the hosting of the website to a third party.
24.4 Should the validity or enforceability of any provision of these terms be limited by applicable law, that provision shall remain valid and enforceable to the extent permitted by law. The invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions.
24.5 The late or omitted exercise of any right, power, or remedy in these terms or at law does not constitute a waiver of that right, power, or remedy. If we waive a breach of any provision of these terms, this does not constitute a waiver of subsequent breaches of the same or other provisions.
24.6 The exercise of the parties’ rights under these terms is not dependent on the consent of third parties.
24.7 These terms are for our and your benefit and are not intended to benefit or be enforceable by any third party.

25 Governing Law
25.1 These terms, their subject matter, and formation (as well as any non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong.
25.2 Any disputes, controversies, differences, or claims (including non-contractual disputes or claims) arising out of or in connection with these terms, including the existence, validity, interpretation, performance, breach, or termination of these terms or disputes related to non-contractual obligations, shall be finally resolved by arbitration administered in Hong Kong, in force at the time the notice of arbitration is submitted. This arbitration clause is governed by the law of Hong Kong. The seat of arbitration is Hong Kong. The number of arbitrators is one. The arbitration shall be conducted in English.

26 Company Details:
Email: info@elenaroseboutique.com

27 Interpretation
27.1 In these Terms and Conditions: “Contract” means your order for a product or products in accordance with these Terms and Conditions, which we accept pursuant to Clause 4.3; “Customer” means any natural person who places an order on the website; “Delivery Address” means the delivery address as stated in the relevant order; “Estimated Delivery Date” means an expected delivery date of an order; “Force Majeure” means any event or circumstance that causes us to fail to perform or to perform late an obligation under these terms and is due to a cause beyond our reasonable control, not attributable to our failure to exercise reasonable care to avoid such disruption or delay, and includes war or threat of war; natural or nuclear disaster; riot or civil unrest; pandemic; terrorism; willful damage; fire or flood; compliance with a new law or an order of a governmental or judicial authority; closure of airports or ports; or trade disputes not related to the party affected by the event or circumstances causing the disruption or delay; “Released Parties” means us, any affiliated party, and their respective officers, employees, contractors, and agents; “Intellectual Property” means all intellectual property rights, including patents, trademarks, design rights, copyrights, database rights, trade secrets, and all rights of a similar nature; “Order” means the order you place via our website to purchase one or more products from us; “Order Confirmation” means our email to you confirming your order pursuant to paragraph 4.3; “Payment Intermediary” means a third party used by us to process payments; “Product” means a product offered on our website; “Website” means the website; “Website Infrastructure” means all our systems (including code) that enable, provide, or describe the website.
27.2 References to “paragraphs” refer to paragraphs of these terms.
27.3 Headings are for convenience only and do not affect the interpretation or construction of these terms.
27.4 Words in the singular include the plural and vice versa. Words denoting a gender include all genders, and references to persons include natural persons, corporations, companies, or partnerships. Please email us if you have questions or comments about these terms, the website, or the products.

 

Effective as of: 07/07/2025

This website is operated by Elena Rose Boutique. Throughout the site, the terms “we,” “us,” and “our” refer to Elena Rose Boutique. Elena Rose Boutique offers you this website, including all information, tools, and services, on the condition that you accept all terms, policies, and notices stated here.

By visiting our website and/or purchasing a product, you use our “Service” and agree to the following Terms and Conditions (“T&C,” “Terms”), including additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including but not limited to visitors, merchants, customers, vendors, and/or content providers.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to change, replace, or update parts of these Terms at any time by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you have reached the legal age of majority in your state or province of residence, or that you have reached the legal age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always 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 on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice at any time.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy only.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction—on a case-by-case basis. We may exercise this right as needed. We also reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful or violates these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – CUSTOMS AND VAT REGULATION
Since the products are shipped directly from the supplier abroad to the consumer, our prices do not include VAT or import duties.

Article 10 – Customs and Sales Tax Regulation
The customer is solely responsible for meeting all legal requirements when importing goods into the destination country, including but not limited to the payment of import duties, taxes, and customs clearance fees.
The merchant does not act as the importer of the goods.
The customer is responsible for ensuring compliance with local laws and regulations regarding the import and use of the purchased products.
All additional costs associated with customs clearance, including administrative fees by postal or courier services, are borne exclusively by the customer.
The merchant provides the required shipping documents but does not guarantee that the goods comply with local import regulations. Customers are advised to inform themselves about import regulations before placing an order.
The transmission of your personal data in the shop is subject to our Privacy Policy. You can view it on our website.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Elena Rose Boutique, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, even if advised of their possibility.
In some states or jurisdictions, the exclusion or limitation of liability for consequential or incidental damages is not allowed; in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Elena Rose Boutique and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.

SECTION 19 – CHANGES TO TERMS
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms may be sent to us at:
📧 info@elenaroseboutique.com