Terms of service

OVERVIEW

Welcome to Ella Clare! The terms “we,” “us,” and “our” refer to Ella Clare. Ella Clare operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Ella Clare is powered by Shopify, which enables us to provide the Services.

The Terms of Service below, together with any related policies, describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers 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 our 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 the age of majority in your state or province of residence, and you consent to allowing any minor dependent of yours 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, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and all activity under your account. You are not permitted to transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. However, please note that the colors or appearance of products may differ depending on the device you use to access the store, as well as your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the way they are described or 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 remove any product at any time and may limit the quantities of any product 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. Ella Clare reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Ella Clare confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Ella Clare may not be able to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of purchase.

Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use only, and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may 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 shown in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores or in online stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by separate terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

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

You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay the amounts charged at the listed prices, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Ella Clare, its affiliates, or its licensors and are protected by applicable intellectual property laws.

These Terms authorize you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Ella Clare, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by Ella Clare.

The names, logos, product and service names, designs, and slogans of Ella Clare are trademarks of Ella Clare or its affiliates or licensors. You must not use these trademarks without the prior written permission of Ella Clare. 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 on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services, which we do not monitor and over which we have no control or influence.

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 disclaim all liability arising from or relating to your use of optional third-party tools.

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 under which the tools are provided by the relevant third-party provider.

We may also offer new features through the Services in the future, including new tools and resources. Such 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 embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party websites, 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, resources, or content on third-party websites. Please carefully review third-party policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]

Ella Clare is powered by Shopify, which enables us to provide the Services. However, sales and purchases made in our Store are made directly with Ella Clare. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Ella Clare, including any injury, damage, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or relating to your purchases and transactions with Ella Clare.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because 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 them. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, in order to provide the Services. Please see our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

You also represent and warrant that:
(i) you own or have 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 have no obligation to:
(1) maintain your Feedback in confidence;
(2) pay compensation for your Feedback; or
(3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, objectionable, or in violation of any party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or computer viruses or malware that could 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 mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, 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 information is inaccurate, at any time and 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 international, federal, provincial, state, or local law, regulation, rule, or ordinance;
(c) to infringe or violate our intellectual property rights or those of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person;
(e) to submit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that we believe may harm Ella Clare, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:
(a) upload or transmit viruses or malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without notice, and you will remain liable for all amounts due 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 provision that by its nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed on such materials by you, any other visitor to the Services, or anyone informed of their contents.

UNLESS EXPRESSLY STATED BY ELLA CLARE, 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, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT 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 THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELLA CLARE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ella Clare, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising from:

(1) your breach of these Terms of Service or the documents incorporated 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 indemnifiable claim, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure 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 relating 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.

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

SECTION 20 – 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 attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement by which we provide you Services shall be governed by and interpreted in accordance with the federal, state, or territorial courts in the jurisdiction where Ella Clare has its headquarters. You and Ella Clare agree to the venue and personal jurisdiction 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, change, 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 periodically for changes.

We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the 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 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: ellaclare.support@gmail.com.

Our contact information is provided below:
Ella Clare
ellaclare.support@gmail.com