Terms of Service

OVERVIEW

Throughout the site, the terms “we,” “us” and “our” refer to elisamosca.com. we offer 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 website and/or purchasing anything from us, you are using our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms 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 creators.

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms of this agreement, do not visit the Website or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. 

Any new features or tools added to the current shop are also subject to the Terms of Use. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use 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 site after changes are posted, you agree to be bound by those changes.

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

SECTION 1 - TERMS AND CONDITIONS FOR THE ONLINE SHOP


By agreeing to these Terms of Use, you represent and warrant that you are at least an adult in the country in which you reside, or that you are an adult in the country in which you reside and have given us permission for your minor family members to use this website.
You may not use our products for illegal or unauthorized purposes, and you may not use the Service in violation of applicable laws in your country (including but not limited to copyright laws).
You may not transmit worms or viruses or other code of a destructive nature.
Violation of any of the terms will result in immediate termination of your services.



SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time and for any reason.
You understand that Your Content (except credit card information) may be transmitted unencrypted and may involve (a) transmission over different networks and (b) modifications to meet technical requirements of connecting networks or devices. Credit card information is always transmitted over networks in encrypted form.

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 our express written permission.
The headings used in this Agreement are for convenience only and do not otherwise limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.

We are not responsible if the information on this website is not accurate, complete or current. The material on this website is for general information purposes 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 website is at your own risk.
This web site may contain certain historical information. Historical information is necessarily not current and is provided for informational purposes only. We reserve the right to change the content of this website at any time, but are under no obligation to update the information on our website. You agree that it is your responsibility to keep changes on our website updated.

SECTION 4 - CHANGES IN SERVICE AND PRICES


Prices for our products are subject to change without notice.
We reserve the right to modify 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 modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (where applicable).

Certain products or services may only be available online through the Website. These products or services may only be available in limited quantities and can only be returned or exchanged in accordance with our return policy.
We have made every effort to display as accurately as possible the colors and images of our products displayed in the store. We cannot guarantee that the colors will display correctly on your computer screen.
We reserve the right, but have no obligation, to limit the sale of our products or services to any particular person, geographic region or country. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. Any product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this website is void where prohibited.
We do not guarantee that the quality of any product, service, information or other material you purchase or receive 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 through the same customer account or with the same credit card and/or orders using the same billing and/or delivery address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided when the order was placed. We reserve the right to restrict or prohibit orders by dealers, resellers or distributors at our discretion.

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 and their expiration dates, so that we can complete your transactions and contact you if necessary.

Please see our return policy for more information.

SECTION 7 - OPTIONAL TOOLS.


We may provide you with access to third-party tools that we do not monitor, control or have any control over.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions and without any endorsement. We assume no liability arising out of or related to your use of optional third-party tools.
Any use of optional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms and conditions upon which the tools are offered 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 are also subject to these Terms of Use.

SECTION 8 - LINKS TO THIRD PARTIES.


Certain content, products and services available through our Service may contain material from third parties.
Third party links on this Website may take you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy thereof, and we make no warranties or representations as to, and assume no liability or responsibility for, any third party materials or websites or any other third party materials, products or services.
We are not liable for any damages in connection with the purchase or use of any goods, services, resources, content or other transactions made in connection with third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.


If you submit specific submissions (for example, contest entries) in response to our solicitation, or submit creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise (collectively, “Comments”) without our solicitation, you agree that we may edit, copy, publish, distribute, translate and otherwise use any Comments you submit to us at any time and without limitation in any medium. We have no obligation to (1) keep Comments confidential, (2) pay a fee for Comments, or (3) respond to Comments.
We may, but are not obligated to, monitor, edit or remove Content that we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use.

You agree that your comments do not infringe the rights of any third party, including copyright, trademark, privacy, publication or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material or computer viruses or other malware that may interfere in any way with the operation of the Service or any related website. You may not use a false email address, impersonate anyone else or mislead us or any third party as to the origin of the comments. You are solely responsible for the comments you make and their accuracy. We accept no responsibility or liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION


Provision of personal information through the Shop is subject to our Privacy Policy. Please review our Privacy Policy.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS.


Occasionally, information on our Website or Service may contain 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 an order if information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).
We have 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 we are required to do so by law. No stated update or renewal date 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 any other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, hurt, defame, defame, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or other malicious code that in any way disrupts or is likely to disrupt the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) spam, phish, pharming, spidering, crawling or scrapping; (j) for obscene or immoral purposes; or (k) compromise 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 if you violate any of the prohibited uses.

ARTICLE13 DISCLAIMER OF WARRANTY;LIMITATION OF LIABILITY


We do not warrant that use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from use of the Service will be accurate or reliable.
You agree that we may from time to time remove the Service indefinitely or discontinue the Service at any time without notice.
You expressly agree that your use of the Service or inability to use the Service is at your sole risk. The Service and all products and services made available to you through the Service are provided (except as expressly stated by us) “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

under no circumstances will our company, directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, damages for loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or similar damages. Whether based in contract, tort (including negligence), strict liability or otherwise, for use of the service or products obtained through the service, or for any other claim arising out of use of the service or products in any way, including, but not limited to, any errors or omissions in the service. strict liability or otherwise, any other claim arising out of the use of the Service or any product obtained through the Service, or in any way related to the use of the Service or any product, including, without limitation, any errors or omissions in any of the Content, or any loss or damage arising out of the use of the Service, or any Content (or products) posted, transmitted, or otherwise made available on, or through, the Service, even if advised of the likelihood thereof. because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless our company, 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 referenced herein, or your violation of any law or the rights of a third party.

ARTICLE 15 - SEVERABILITY


In the event that any provision of these Terms of Use is determined to be unlawful, invalid or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law and the unenforceable portion shall be deemed severable from these Terms of Use and such determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION.


The obligations and liabilities of the parties arising prior to the Termination Date shall survive termination of this Agreement for all purposes.
These Terms of Use will remain in effect until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or if you no longer use our website.
If, in our sole discretion, you fail or we suspect that you fail to comply with any term or provision of these Terms of Use, 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 we may deny you access to our Services (or any part thereof) accordingly.

ARTICLE 17 - ENTIRE AGREEMENT


Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, all prior versions of the Terms of Use).
Ambiguities in the interpretation of these Terms of Use will not be construed against the party who drafted them.

SECTION 18 - CHANGES TO TERMS OF SERVICE


You may 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, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 19 - CONTACT INFORMATION


Questions about the Terms of Use should be directed to [email protected]