Terms of service

OVERVIEW
Welcome to ELIANA CIARDI. The terms "we," "us," and "our" refer to ELIANA CIARDI. ELIANA CIARDI operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the "Services"). ELIANA CIARDI is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, and all policies referenced therein (the "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 and limitations of liability.

By viewing, interacting with, or using our Services, you agree to abide by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any minors in your care to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores, or purchasing any products or services we offer, you may be asked to provide certain information, including your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in your stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, or assign your account to another person, nor may you grant any licenses associated with your account.

SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed in our online stores.
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 we may limit the quantities of products we offer to any person, geographic region, or jurisdiction, as applicable.

SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. ELIANA CIARDI reserves the right to accept or decline your order for any reason at its sole discretion. Your order will not be accepted until ELIANA CIARDI confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before shipping, as ELIANA CIARDI may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided when placing the order.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy: https://www.elianaciardi.com › pages › terms-and-conditions-of-sale
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.

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 set forth in the order confirmation email you will receive. Unless expressly stated otherwise, published prices do not include taxes, shipping, order processing, customs clearance, or import charges.
Prices published in our online stores may differ from those offered in physical, online, or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect prices and are governed by terms.

SECTION 5. SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping companies, customs processing, or events beyond our control. Once we deliver the products to the shipping company, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, but not limited to, trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by ELIANA CIARDI, its affiliates, or licensors and are protected by United States and foreign copyright and other intellectual property laws.
These terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, copy into derivative works, publicly display, include in public performance, republish, download, store, or transmit any material contained on the Services without our prior written consent. Unless expressly set forth herein, nothing in these Terms grants or should be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property of ELIANA CIARDI, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. ELIANA CIARDI reserves all rights not expressly granted herein.
ELIANA CIARDI's names, logos, product and service names, designs, and slogans are trademarks of ELIANA CIARDI, its affiliates, or its licensors. You may not use such trademarks without ELIANA CIARDI's prior written consent. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be provided with access to client tools offered by third parties over which we have no supervision, control, or involvement.
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 endorsement. We shall have no liability arising from your use of optional third-party tools.
Your use of optional third-party tools offered through the Site is at your sole discretion and is at your sole risk, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the third-party provider(s).
We may also offer new features through the Services in the future (including the release of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining, evaluating, or ascertaining the accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of products, services, or resources on third-party websites. Please carefully review third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to those third parties.

SECTION 9: RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify's relationship with your store and may not be deleted or modified.]
ELIANA CIARDI is powered by Shopify, which allows us to provide the Services to you. However, any sales and purchases you make on our store are made directly with ELIANA CIARDI. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and us.

SECTION 11: FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any and all media and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you own all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and will be under no obligation to (1) treat your Feedback as confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback. We may, but have no obligation to, monitor, edit, or remove Comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party's intellectual property or these Terms of Service.
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 also agree that your Comments will not contain libelous or unlawful, abusive, or obscene remarks, or contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website. 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 and their accuracy. We are not responsible or liable for any Comments posted by you or any third-party.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 any inaccuracies occur 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 illegal or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that violates these Terms; (g) to transmit or procure the sending of "junk mail," "chain letters," "spam," or any other similar content; (h) impersonate or attempt to impersonate any other person or entity; (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm ELIANA CIARDI, Shopify, or users of the Services or expose them to liability.
You also agree not to: (a) 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 provision of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phishing, pharma fraud, stage fraud, spider, or web scrape; or (e) interfere with or circumvent the security features of the Services or any related websites, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14: TERMINATION
We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you may remain liable for all amounts owed up to and including the date of termination.

The following sections will survive 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 that by their nature survive termination.

SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any visitor to the Services, or by anyone who may be aware of their contents. UNLESS EXPRESSLY STATED BY ELIANA CIARDI, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ELIANA CIARDI, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, HAVE ANY LIABILITY FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, COSTS OF REPLACEMENT OR REPLACEMENT SERVICES. SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES, OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ELIANA CIARDI, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that a failure to notify promptly will not relieve you of your obligations unless you have suffered significant damages. We may control the defense and settlement of any such claim at your expense, including your choice of counsel, but we will not resolve claims that impose non-monetary obligations on you without your consent (without unreasonable delay). You will cooperate in the defense of claims subject to indemnification, for example, by providing relevant documents.

SECTION 18: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be illegal, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable section shall be deemed severable from these Terms of Service; such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the 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 constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede 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 interests of the drafting party.

SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms, along with our rights and obligations, without your consent or notice to you.

SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services to you shall be governed by and construed in the federal and state or territorial courts of the jurisdiction to which ELIANA CIARDI is located. You and ELIANA CIARDI expressly submit to the jurisdiction and venue of such courts.

SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23: 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, modify, or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible for visiting our website periodically to learn about modifications. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective as of the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION
Eliana Ciardi
info@elianaciardi.com
Son Cabaspre bz.18, 07190 Esporles, Balearic Islands, Spain