Terms & Conditions
This website is operated by HERS ELARA. Throughout the site, the terms “we,” “us” and “our” refer to HERS ELARA. HERS ELARA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing anything from us, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms & Conditions”), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, sellers and/or content contributors.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms of this agreement, you may not access the site or use the Service. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
New features or tools added to the current store are also covered by the Terms of Service. You can view the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. If you continue to use or visit the website after changes have been posted, it means that you accept those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE SHOPPING TERMS OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and have given our permission for minor family members of yours to use this site.
You may not use our products for illegal or unauthorized purposes, and you may not violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.
You may not transmit worms or viruses or other code of a destructive nature.
A breach or violation of any of the Terms of Service will result in immediate termination of your Service.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse Service to anyone at any time and for any reason.
You understand that your content (excluding credit card data) may be transmitted unencrypted and may involve (a) transmission over different networks; and (b) modifications to meet and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided without express written permission from 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 the information made available on this site is not accurate, complete or current. The material on this site is for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 4 - CHANGES IN SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any changes, price changes, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website. These products or services may have limited quantities and can only be returned or exchanged according to our Return Policy / Returns page.
We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that the display of colors on your computer monitor will be accurate.
We reserve the right, but have no obligation, to restrict the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of products or services we offer. Any product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may also apply to orders placed by or under the same customer account, the same credit card, the same bank account number and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. 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 you make in our store. You agree to promptly update your account and other information, including your email address and credit card numbers, bank account numbers and expiration dates, so that we may complete your transactions and contact you as necessary.
For more information, please see our Return Policy / Returns page.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control, control or 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. We shall not be liable in any way for or in connection with your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms and conditions under which tools are offered by the relevant third party vendor(s).
We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our service may contain third-party material.
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 are not liable or responsible for any third-party materials or websites, or any other third-party materials, products or services.
We shall not be liable for any damages or losses in connection with the purchase or use of any goods, services, resources, content or other transactions in connection with third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into 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 you make certain specific submissions at our request (e.g., contest entries) or submit creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, by mail or otherwise (collectively, “Comments”), you agree that we may at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use any such Comments that you transmit to us in any medium. We are not and will not be required (1) to keep any comments confidential; (2) to pay a fee for any comments; or (3) to respond to any comments.
We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or infringes on the intellectual property of any party or violates these Terms of Service.
You agree that your comments will not infringe any third party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any defamatory or otherwise unlawful, offensive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for all comments you post and their accuracy. We accept no responsibility and liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
If you provide personal information through the store, it is covered by our Privacy Policy.
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, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without notice (including after you submit your order).
We assume no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, unless required by law. No specified update or renewal date applied in the Service or on any related website should be construed as indicating that any information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its contents:
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for unlawful purposes;
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to solicit others to perform or participate in any unlawful acts;
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to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
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to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
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to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
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to provide false or misleading information;
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to upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service or any related website, other websites, or the Internet;
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to collect or track the personal information of others;
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to spam, phish, pharm, pretext, spider, crawl, or scrape;
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for obscene or immoral purposes; or
- 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 in the event of a violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee 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 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 or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall HERS ELARA, 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, 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 the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, 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 HERS ELARA 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 of Service 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 of Service 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 of Service, 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, we may also 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 of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Dutch law.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service can be directed to info@herselara.com
