Terms of service
OVERVIEW
Welcome to Elvaction! References to “we,” “us,” or “our” mean Elvaction. Elvaction runs this website and store – including all related content, features, tools, products, and services – to bring you a curated shopping experience (the “Services”). Elvaction is built on Shopify, which helps us deliver the Services to you.
These Terms of Service (“Terms”) together with any policies mentioned here explain your rights and duties when using our Services.
Please read these Terms carefully. They contain important legal information about warranty disclaimers and liability limits.
By visiting, using, or interacting with our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, please do not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNTS
By accepting these Terms, you confirm that you are at least the legal age in your state or province of residence. You also give us your consent to allow any minor dependents to use the Services on devices you own or control.
To use the Services (for example, browsing or buying), we may ask for certain details such as your email address, billing information, payment details, and shipping address. You promise that all information you provide is correct, current, and complete, and that you have all necessary rights to provide it.
You are fully responsible for keeping your account credentials secure and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to anyone else.
SECTION 2 – OUR PRODUCTS
We do our best to show our products and services accurately. However, colors and product appearance may vary depending on your device’s screen and settings.
We do not guarantee that any product or service you buy will meet your expectations or look exactly as shown on our website.
Product descriptions may change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time, and to limit the quantities offered to any person, region, or jurisdiction on a case‑by‑case basis.
SECTION 3 – ORDERS
Placing an order means you are making an offer to purchase. Elvaction may accept or reject your order for any reason. Your order is not accepted until we send you a confirmation. We must receive and process your payment before acceptance.
Please review your order carefully before submitting – after acceptance, we may not be able to cancel it. If we reject or modify an order, we will try to notify you using the email, billing address, or phone number you provided.
All purchases are subject to our Refund Policy [LINK]. You promise that you are buying for personal or household use, not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions can change without notice. The price charged is the one in effect at the time you place your order, as shown in your order confirmation email. Unless stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import fees.
Prices on our website may differ from those in physical stores or on third‑party websites. We may run promotions from time to time that have separate terms; if those conflict with these Terms, the promotion’s terms control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all orders. You agree to promptly update your account (including email, credit card numbers, and expiration dates) so we can complete your transactions and contact you if needed.
You confirm that (i) your credit card information is true and correct, (ii) you are authorized to use that card, (iii) your card company will honor the charges, and (iv) you will pay all charges at the posted prices, including shipping and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only – not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products 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, text, images, graphics, product reviews, video, audio, and their design, selection, and arrangement – are owned by Elvaction, its affiliates, or its licensors. They are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms allow you to use the Services only for personal, non‑commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Nothing in these Terms grants you a license to our intellectual property (or Shopify’s or any third party’s). Unauthorized use may violate federal or state laws. All rights not expressly granted are reserved by Elvaction.
Elvaction’s names, logos, product and service names, designs, and slogans are trademarks of Elvaction or its affiliates or licensors. You may not use them without our written permission. Shopify’s trademarks belong to Shopify. All other trademarks on the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third‑party tools as part of the Services. We do not monitor or control those tools.
You acknowledge that we offer such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without endorsement. We have no liability arising from your use of optional third‑party tools.
Any use of these tools is entirely at your own risk and discretion. You should make sure you are familiar with and approve of the terms provided by the relevant third party.
We may offer new features or resources in the future – they will also be considered part of the Services and subject to these Terms.
SECTION 8 – THIRD‑PARTY LINKS
Our Services may contain materials or hyperlinks to third‑party websites or embedded third‑party functionality. We are not responsible for examining or evaluating the content or accuracy of any third‑party materials or websites you choose to access. If you leave our Services to visit those sites, you do so at your own risk.
We are not liable for any harm or damages from accessing third‑party websites or from buying or using their products, services, or content. Please review third‑party policies and practices carefully before any transaction. Complaints, claims, or questions about third‑party products should go directly to that third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]
Elvaction is powered by Shopify, which allows us to provide the Services. However, any sales or purchases you make in our store are directly between you and Elvaction. By using our Services, you agree that Shopify is not responsible for any aspect of those sales, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with Elvaction.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is governed by our Privacy Policy [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy (linked). By using our Services, you confirm you have read both policies.
Because our Services are hosted by Shopify, Shopify collects and processes information about your access and use to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and third parties located in other countries, to provide services to you. See our Privacy Policy 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 send us any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use. For example, we may use your Feedback to operate, improve, and promote the Services, and to exercise our rights under these Terms.
You also promise that (i) you own or have all necessary rights to the Feedback, (ii) you have disclosed any compensation or incentives you received for submitting it, and (iii) your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, pay you for it, or respond to it.
We may, but are not required to, monitor, edit, or remove Feedback that we find unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any third‑party rights (including copyright, trademark, privacy, personality, or other rights), and will not contain libelous or unlawful material, or any malware. You may not use a false email address, pretend to be someone else, or mislead us about the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or 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 – even after you have submitted your order – without prior notice.
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not, directly or indirectly:
(a) use the Services for any illegal or malicious purpose;
(b) violate any international, federal, provincial, or state laws or local ordinances;
(c) infringe upon our intellectual property rights or those of others;
(d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) transmit false or misleading information;
(f) send, knowingly receive, upload, download, use, or re‑use any material that does not comply with these Terms;
(g) transmit or procure the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations;
(h) impersonate or attempt to impersonate any other person or entity; or
(i) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Elvaction, Shopify, or other users, or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses or any malicious code that could affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, or pretext the Services;
(e) use any robot, spider, scraping tool, data gathering or extraction tool, automatic device or process, AI tool (including agentic AI), or automated or manual means to access the Services; or
(f) interfere with, bypass, or circumvent any security or authorization features, robot exclusion headers, or other measures we use to restrict access.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause any Agent to access, use, or interact with the Services. An “Agent” means any software or service that takes autonomous or semi‑autonomous action on behalf of any person or entity, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it always identifies itself and operates strictly according to the requirements in 14.4. Also, no Agent may access the Services if we have asked it to stop.
14.3 We may limit whether and how any Agent accesses, uses, or interacts with the Services, including through technical measures.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request is from an Agent and include the Agent’s name in the user agent string as “Agent/[agent name]”; (ii) not conceal or disguise that the access comes from an Agent (for example, by mimicking human behavior or solving CAPTCHAs); (iii) answer truthfully any question or prompt asking whether interactions are from a human or a computer; (iv) not circumvent any measure intended to block, limit, or control Agent access.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part of them) at any time, in our sole discretion, without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections 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 should survive.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information on or through the Services is for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness. You rely on it at your own risk. We disclaim all liability arising from any reliance on such materials.
EXCEPT AS EXPRESSLY STATED BY ELVACTION, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, 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 THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THIS MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELVACTION, ITS 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 WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED 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 ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Elvaction, 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 arising out of (1) your breach of these Terms or the documents they incorporate, (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, but failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of any such claim at your expense (including choice of counsel), but we will not settle any claim that requires non‑monetary obligations from you without your consent (which you may not unreasonably withhold). You will cooperate with us in the defense, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent allowed by law, and the unenforceable part will be severed. The remaining provisions remain in full force.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not waive that right or provision.
These Terms and any policies or operating rules posted on this site or in respect to the Service constitute the entire agreement between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, or proposals (oral or written) between you and us, including any prior versions of these Terms.
Any ambiguities in interpreting these Terms will not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, delegate, or transfer this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so is void. We may assign or transfer these Terms and our rights and obligations without your consent or notice.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements under which we provide you Services will be governed by and construed under the laws of the federal and state or territorial courts in the jurisdiction where Elvaction is headquartered. You and Elvaction consent to venue and personal jurisdiction in such courts.
SECTION 23 – HEADINGS
The headings in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 24 – CHANGES TO TERMS
You can always review the most current version of these Terms on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms 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 as required by law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services after any changes are posted constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms should be sent to us at natagni12@inbox.eu.
Our contact details: natagni12@inbox.eu