Terms of service
OVERVIEW
Welcome to the ELTERO ATELIER store. The terms “we,” “us,” and “our” refer to the ELTERO ATELIER store. The ELTERO ATELIER store operates this shop and website, including all related information, content, features, tools, products, and services, to provide you with a customized shopping environment (“Services”). The ELTERO ATELIER store is powered by Shopify technology, which allows us to offer the Services to the User.
The following terms, together with the policies referenced herein (“Terms of Service” or “Terms”), describe your rights and obligations in connection with the use of the Services.
Please read these Terms of Service carefully, as they may contain important information about your rights and relate to areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, do not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age in accordance with the laws applicable in the state or region of your residence, and you consent to the use of the Services by minors under your care on devices that you own, control, or acquire.
In order to use the Services, including accessing or browsing our online stores or purchasing any products or services that we offer, we may ask you to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information provided to our stores is accurate, current, and complete, and that you have all rights necessary 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 assign, sell, transfer, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to accurately present our products and services in our online stores. However, please note that the colors and appearance of products may differ from how they appear on your device’s screen depending on the type of device you use to access the store, as well as your device’s settings and configuration.
We do not guarantee that the appearance or quality of any purchased products or services will meet your expectations or correspond to the presentation shown in our online stores.
All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to withdraw any product at any time and may limit the quantities of any products that we offer to any person, in any geographic region or country, as the case may be.
SECTION 3 — ORDERS
At the moment of placing an order, you are making an offer to purchase. ELTERO ATELIER reserves the right to accept or reject your order for any reason and at its sole discretion. Your order will not be accepted until the ELTERO ATELIER store confirms its acceptance. Before accepting an order, we must receive and process your payment. Please carefully review your order before placing it, as the ELTERO ATELIER store may not support cancellation requests after the order has been accepted. In the event that an order is rejected, modified, or canceled, we will notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange only in accordance with our Return Policy.
You represent and warrant that you are making purchases solely for personal use 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 is the price in effect at the time the order is placed. It will be stated in the order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, duties, or import fees.
Prices shown in our online stores may differ from those offered in physical stores or online or in other stores operated by third-party companies. From time to time, we may offer promotions on the Services that may affect pricing and that are subject to terms other than these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall 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 their expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information is true, accurate, and complete; (ii) you are duly authorized to use such credit card for purchases; (iii) the charges incurred will be honored by your credit card provider; and (iv) you will pay all charges incurred at the prices in effect, including shipping and handling fees, as well as any applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once the products are handed 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, brands, texts, displays, images, graphics, product reviews, video and audio materials, as well as their design, selection, and arrangement, are the property of the ELTERO ATELIER store, its affiliates, or licensors and are protected by U.S. and foreign laws on patents, copyrights, and other intellectual property rights.
These Terms permit you to use the Services solely for personal and non-commercial purposes. You must not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials related to the Services without prior written consent. Unless these Terms expressly state otherwise, nothing in these Terms grants or should be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of the ELTERO ATELIER store, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by the ELTERO ATELIER store.
The ELTERO ATELIER name, logo, product and service names, designs, slogans, and store name are trademarks of the ELTERO ATELIER store or its affiliates or licensors. You must not use such trademarks without prior written permission from the ELTERO ATELIER store. 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 related to the Services are the trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
We may provide you with access to customer tools offered by third-party companies as part of the Services, which we neither monitor nor have any control over.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, conditions, or endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of these optional tools offered through the website is entirely at your own risk and discretion. Accordingly, you should review and approve the terms on which such tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through our Services (including new tools and resources). Such new features shall also be considered part of the Services and 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 features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you choose to leave our Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any damages arising from your access to third-party websites or your purchase or use of any products, services, materials, or content contained on third-party websites. Please carefully review the policies and practices of third parties 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
[MERCHANT NOTE: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]
The ELTERO ATELIER store is powered by Shopify technology. This allows us to offer you our Services. However, all sales and purchases made in our Store are carried out directly by the ELTERO ATELIER store. By using the Services, you agree that Shopify is not responsible for any aspect of the sales between you and the ELTERO ATELIER store, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and Shopify’s affiliates from any and all claims, damages, and liabilities arising from or related to purchases and transactions made in or through the ELTERO ATELIER store.
SECTION 10 — PRIVACY POLICY
Any personal data we collect through the Services is subject to our Privacy Policy, which can be accessed here [LINK], and certain personal data may be subject to Shopify’s Privacy Policy, which can be accessed here. By using the Services, you acknowledge that you have read these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data related to your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services will be transferred to and shared with Shopify, as well as third parties that may be located in countries other than your country of residence, for the purpose of providing services to you. Please review the Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal data.
SECTION 11 — FEEDBACK
If you send, submit, publish, email, or otherwise transmit any ideas, suggestions, feedback, opinions, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, copy, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) any compensation or incentives received in connection with providing Feedback have been disclosed by you; and (iii) your Feedback complies with these Terms. We are not obligated to (1) keep your Feedback confidential; (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, abusive, harmful, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You acknowledge that your Feedback does not violate any rights of third parties, including copyrights, trademarks, privacy rights, and other personal or proprietary rights. You also acknowledge that your Feedback does not contain unlawful, abusive, harmful, obscene, or otherwise objectionable content, nor any computer viruses or other malicious software that could in any way affect the operation of the Services or any related website. You must not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for any Feedback posted by you or any third party.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information regarding the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 — PROHIBITED USE
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) in violation of any international, federal, local, or state laws, rules, regulations, or ordinances; (c) in violation of our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any of our employees or any other person; (e) to submit false or misleading information; (f) to transmit, or procure the sending of, any material that does not comply with these Terms; (g) to send or facilitate the sending of any advertising or promotional material, including spam, chain letters, unsolicited mail, or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which we determine may harm the ELTERO ATELIER store, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree that you will not (a) transmit any viruses or other malicious code that may affect the functionality or operation of the Services; (b) copy, duplicate, reproduce, sell, resell, or exploit any part of the Services; (c) collect or track the personal data of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or bypass the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any provision of these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or block your access to the Services (or any part thereof) at our sole discretion and at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive such termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented in or through the Services is provided 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 on such materials by you or any visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED OTHERWISE BY THE ELTERO ATELIER STORE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 16 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ELTERO ATELIER STORE, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF 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 SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the ELTERO ATELIER store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from any third-party claim related to (1) your breach of these Terms of Service or any documents incorporated by reference herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnified claim, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may assume control of the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim involving non-monetary obligations without your consent (which shall not be unreasonably withheld). You agree to cooperate with us in the defense of any indemnified claim, including providing relevant documents and information.
If any provision of these Terms of Service is determined to be 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 of Service, 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 the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 — ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms, as well as our rights and obligations, without your consent or notice.
SECTION 21 — GOVERNING LAW
These Terms of Service and any agreements under which we provide Services to you shall be governed by and construed in accordance with the federal, state, or local laws applicable in the country of the ELTERO ATELIER store’s registered office. You and the ELTERO ATELIER store agree to submit to the jurisdiction of such courts.
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 — 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, change, or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will become effective on the date specified in the notice. Your continued use of the Services after the posting of any changes constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions regarding these Terms of Service should be sent to us at contact@elteroatelier.com.
Our contact details are provided below:
Eltero Marta Rydziewska
contact@elteroatelier.com
+48 578364601
NIP: 5542902807
REGON: 542552599