Terms of service

OVERVIEW

Welcome to Elwick! The terms “we”, “us” and “our” refer to Elwick. Elwick operates this shop and website, including all information, content, features, tools, products and related services, with the aim of providing you, the customer, with a personalised shopping experience (the “Services”). Elwick is powered by Shopify technology, which enables us to provide you with the Services.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least of legal age in your state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online shops or purchasing any

of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and delivery details. You represent and warrant that all information provided in our shops is accurate, up to date and complete, and that you possess all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or licence your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online shops. However, the colours or appearance of the products may differ from those shown on your screen, due to the type of device you use to access the shop and the settings and configuration of your device.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as those presented or displayed in our online shop.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Elwick reserves the right to accept or refuse your orders for any reason, at its sole discretion. Your orders will not be accepted until Elwick confirms acceptance. We must receive and process your payment before we accept your order. Please check your order carefully before submitting it, as Elwick may not be able to accommodate requests for cancellation once an order has been accepted. Should we not accept, amend or cancel an order, we will endeavour to notify you via the email address, billing address and/or telephone number provided at the time the order was placed.

Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy. [LINK].

You represent and warrant that your purchases are for your personal or domestic use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

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

The prices displayed in our online shops may differ from those offered in physical shops or on online shops or other shops operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and which are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your sender email address, credit card numbers and expiry dates, so that we can complete your transaction and contact you if necessary.

You represent and warrant that (i) the credit card information provided is true, correct and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) the charges incurred by you will be honoured by your credit card company, and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing or events beyond our control. Once we have handed the products over to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, brand names, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are the property of Elwick, its affiliates or 

licensors and are protected by US and foreign patents, copyright and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, transfer, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you, or shall be construed as granting you, any licence or other rights under any patent, trademark, copyright or other intellectual property of Elwick, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Elwick.

Elwick’s name, logo, product and service names, designs and slogans are trademarks of Elwick or its affiliates or licensors. You must not use such trademarks without Elwick’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 appearing in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may have access to third-party customer tools offered as part of the Services, over which we have no control, supervision or influence.

You acknowledge and agree that we provide you with access to these tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or in connection with your use of optional third-party tools.

Any use you make of the optional tools offered via the website is entirely at your own risk, and you must ensure that you are aware of and agree to the terms on which the tools are provided by the relevant third-party provider(s).

In the future, we may also offer new features through the Services (including the release of new tools and resources). These new features shall also be deemed an integral part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

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

We are not liable for any damages or losses arising from your access to any third-party website, or from your purchase or use of any products, services, resources or content on any third-party website. Please review the third party’s policies and practices carefully and ensure you understand them before entering into any transaction. Any claims, complaints, concerns or queries regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANTS: This section accurately describes Shopify’s relationship with your shop and must not be removed or modified.]

Elwick is powered by Shopify technology, which enables us to provide you with the Services. However, any sale and purchase you make on our Shop is made directly with Elwick. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Elwick, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchase and transaction with Elwick.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is covered by our Privacy Policy, which can be viewed here [LINK], and certain personal information may be covered by Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.

As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services for you. The information you provide to the Services will be transmitted to and shared with Shopify as well as with third parties who may be located in a country other than the one in which you reside, so that we can provide services to you. Please see our Privacy Policy [LINK] for further details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

By submitting, uploading, posting, transmitting via e email or in any other way share ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “feedback”), you grant us a perpetual, worldwide, sub-licensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such feedback in any medium and for any purpose, including for commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, improve, enhance and promote the Services, as well as to fulfil our obligations and exercise our rights in accordance with the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights in all feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of your feedback; and (iii) your feedback will comply with these Terms. We do not and will not have any obligation (1) to keep your feedback confidential; (2) to pay compensation for your feedback; or (3) to respond to your feedback.

We may, but are under no obligation to, monitor, edit or remove feedback which, in our sole discretion, we consider to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or which infringes the intellectual property rights of third parties or these Terms of Service.

You agree that your Feedback will not infringe any third-party rights, including copyright, trademarks, privacy, publicity or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, illegal, abusive or obscene comments, nor computer viruses or other malware that may in any way affect the operation of the Services or any related website. You must not use a false email address to submit feedback, impersonate another person, or mislead us or any third party as to the origin of any feedback. You are solely responsible for any feedback you provide and for its accuracy. We accept no liability for any feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, delivery charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is incorrect, at any time, without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, state, provincial, federal or international regulations, rules, laws or decrees; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, transfer, use or reuse any material that does not comply with these Terms; (g) to transmit or cause to be sent any advertising or promotional material, including any “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Services, or which, as determined by us, may harm Elwick, Shopify or users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track personal information from third parties; (d) send spam, engage in phishing, pharming or pretexting on the Services; (e) use any robot, spider, scraping tool, data collection and extraction tool, automatic device or process, artificial intelligence tool (such as agent-based AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or evade the security or authorisation features, robot exclusion or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without prior notice, if we determine that you have breached any part of these Terms.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that may be executed on behalf of, or using a person’s device, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.

14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”; (ii) not conceal or disguise that any access, use or interaction is by a Bot, such as by (a) mimicking human behaviour and interaction patterns or (b) bypassing or circumventing CAPTCHA or measures designed to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are from a human or a computer; (iv) not circumvent or evade any measure designed to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without prior notice, and you shall remain liable for all amounts due up to and including the date of termination.

The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which by their nature are intended to survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any decision you make based on this information is at your own risk. We disclaim all liability arising from the reliance placed on these materials by you or any other visitor to the Services, or by any person who may be informed of any part of their content.

EXCEPT AS EXPRESSLY STATED BY THE [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY 

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER LIABILITY, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE [MERCHANT], OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, AMONG OTHER THINGS, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Elwick, Shopify and our affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers from and against any and all losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties arising out of or in connection with (1) your breach of these Terms of Service or the documents incorporated by reference herein, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that failure to provide immediate notice shall not relieve you of your obligations, unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including the choice of lawyer, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You must cooperate in the defence of indemnifiable claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules published by us on this website or in relation 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 of Service).

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

SECTION 21 - 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 such attempt shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreement under which we provide Services to you shall be governed by and construed in accordance with the federal, state or territorial courts in the jurisdiction where Elwick has its registered office. You and Elwick agree to the venue and personal jurisdiction of such courts.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You may view the most recent version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notification notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to us at info@elwickofficial.com

Our contact details are set out below: