www.elnadesign.com (hereinafter the "Website") is published by the company ELNA DESIGN PTE. LTD., a Singaporean company Trade register under no. 201839655Z, (hereinafter “ELNA DESIGN” or the “Company”).
These TC after referred to as the “Terms and Conditions of Sale” apply without restriction or reservation to all sales of ELNA DESIGN.
This website is operated by ELNA DESIGN. Throughout the site, the terms “we”, “us” and “our” refer to ELNA DESIGN. ELNA DESIGN 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 something from us, you engage in our “Service” and agree to be bound by the following terms and conditions.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and 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 and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.
I - GENERAL PROVISIONS
The General Terms and Conditions of Sale detailed below apply to all orders placed with ELNA DESIGN for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.
ELNA DESIGN reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.
II - WEBSITE'S INFORMATION AND ACCESS
www.elnadesign.com is an e-commerce merchant owned and managed by ELNA DESIGN PTE. LTD.
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by ELNA DESIGN or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognized by the Singaporean courts. ELNA DESIGN is not liable for any damage incurred by an unavailability of the Website.
ELNA DESIGN does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free.
ELNA DESIGN reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – SUBSCRIPTION TO THE WEBSITE
To place an order, the client may create a personal account by filling its personal data (the “Personal Account”).
Subscription of the client shall be validated by ELNA DESIGN after checking the standard form filled by the client. A confirmation of the subscription is sent to the client by email.
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, ELNA DESIGN shall not be held liable in case of any inability to deliver the products ordered.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to ELNA DESIGN’s payment provider. ELNA DESIGN reserves the right to refuse any request or order and to close an account at its sole discretion.
IV - PRODUCTS
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot hold the liability of ELNA DESIGN. ELNA DESIGN cannot be liable in case of an order cancellation because of stock depletion.
ELNA DESIGN takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Website, which the client acknowledges and agrees to.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the client may either exercise his right of withdrawal, or implement the ELNA DESIGN guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
V - ORDER
Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by ELNA DESIGN, expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its bag (the “Bag”). The Bag summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. Client may modify at any time its Bag before validating the order.
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by ELNA DESIGN. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company. In any event, if the client has create an account, the invoices are available in the 'my account' section.
VI - ORDER REFUSAL
ELNA DESIGN reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of ELNA DESIGN to satisfy the client expectations, ELNA DESIGN may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
ELNA DESIGN cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
ELNA DESIGN reserves the right to refuse or cancel any Order placed by a client with whom ELNA DESIGN has currently a dispute concerning the payment of a previous order.
VII - PRICES AND TERMS OF PAYMENT
Prices are mentioned in the Website in Singaporean Dollars, Chinese Yuan, Euro, and US Dollars. Prices includes V.A.T. but excluded any customs duties and other taxes.
Certain countries outside Singapore may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
ELNA DESIGN reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via Paypal, or via the secure platform provided by our partner SHOPIFY. The client expressly acknowledges that disclosure of their bank card number to ELNA DESIGN gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by ELNA DESIGN to the email address registered by the client.
Client may at its discretion save its payment card details for next purchase. Such information is kept and processed by Paypal or by SHOPIFY. ELNA DESIGN will never keep payment card details.
The data recorded and kept by ELNA DESIGN constitutes proof of the order and all previous transactions. The data recorded by Paypal or SHOPIFY constitutes proof of the financial transactions.
Note: our e-commerce transactions are processed in and shipped from Singapore. Hence, some international banks or credit cards charge a foreign transaction fee for online purchases from online stores based in Singapore. ELNA DESIGN does not charge such fee. Please contact your bank or credit card company before purchasing to confirm, and email email@example.com for any questions.
VIII - DELIVERY
Please see Shipping information on the website.
Deliveries are carried out Monday to Friday, depending on the option chosen by the client at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the customer's residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to ELNA DESIGN which reimburse the Customer/Client within five (5) days of the products’ receipt by ELNA DESIGN.
Orders are shipped within 7 business days at most for a Delivery in Europe and 12 business days for a International Delivery, from the first business date after the confirmation of the Order. Nevertheless, the period may be extended up to 16 working days, especially after the launch of a new collection considering the significant increase of the orders volume.
ELNA DESIGN cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded and is not justified by a case of force majeure, the customer/client may request the cancellation of the
sale and within a maximum period of 14 days will receive a refund of the Order. ELNA DESIGN cannot be liable of any direct or indirect damage resulting from delay of delivery.
IX. RIGHT - RETURNS & REFUNDS
9.1 Withdrawal right’s duration and conditions
Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such case, the client must fill the return form available in their personal account in the orders section, either send the withdrawal form available at the end of the T&C’s to ELNA DESIGN at firstname.lastname@example.org. The return request will be confirmed by ELNA DESIGN to the client by email. The client must follow the procedure mentioned into the email confirmation.
9.2 Return conditions in case of the use of the withdrawal right
The products must be returned to ELNA DESIGN within 14 days from the use of the withdrawal right by the client. After such 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.
Return of the product(s) is the responsibility of the customer and is at their own risk.
In all cases, the expenses of returning the product are not covered by ELNA DESIGN. If the client does not adhere to these terms and conditions, including conditions of return or exchange, ELNA DESIGN cannot proceed to refund the products in question.
A refund by ELNA DESIGN for the order returned is made within 14 days by the communication by the client of the withdrawal right, subject to the receipt of the Products and its excellent condition.
Except as otherwise indicated by the client, repayment will be made through the same payment means used to pay the Order.
The repayment of an order paid by gift card or a voucher will always be by voucher.
X - GUARANTEES AND RESPONSIBILITY
ELNA DESIGN’s liability related to the Products is limited to the sale price of each product. ELNA DESIGN will not be responsible or liable for any following losses, whenever its cause:
- Loss of benefit or sales
- Loss or revenue
- Loss of profits or contract or opportunity
- Loss of expecting savings
- Loss of data
- Loss of business, management or administration time
- Damage to the image
- Lost chance and especially of sale or purchase of a product
- Psychological damage.
Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.
ELNA DESIGN makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancel-bots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Website is done at client's own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
ELNA DESIGN is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
XI - OPTIONAL TOOLS & THIRD PARTY LINKS
11.1 Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 have no liability whatsoever 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 on which tools are provided by the relevant third-party provider(s).
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 shall also be subject to these Terms of Service.
11.2 Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.
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 will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
XII - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates 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 further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain 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 e‑mail 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 take no responsibility and assume no liability for any comments posted by you or any third-party.
XIII - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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 for violating any of the prohibited uses.
XIV - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant 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 from time to time 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 case shall ELNA DESIGN, 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 any 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.
XV - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ELNA DESIGN and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
XVI - SEVERABILITY
In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforce-ability of any other remaining provisions.
XVII - 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 and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Services 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 and Conditions, we also may 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).
XVIII - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions 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 and Conditions shall not be construed against the drafting party.
XIX - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
These General T&Cs are governed by the laws of Singapore.
In the event of a dispute between the Client and ELNA DESIGN concerning the interpretation, performance or termination of this T&C’s, ELNA DESIGN strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably.ELNA DESIGN hereby notifies Clients that there are alternative dispute settlement options such as mediation or arbitration.
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.