Terms & Conditions

TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE

Welcome to the ELPHILE ACCESSORIES LLC Website.

This website (« Website ») is operated by ELPHILE Accessories LLC. Throughout the Website, the terms “we”, “us” and “our” refer to ELPHILE. ELPHILE offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing the  Website, you are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use are subject to change by Elphile Accessories LLC at any time at our discretion. Your use of this Website after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.

 

Limited Right to Use the Website

Contents are included in the Website  solely for the personal use of Website users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the contents of the Websitewithout the prior written consent of Elphile Accessories LLC, which may be withheld in its sole discretion.

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website 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 Website or of any related website, other websites, or the Internet; We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose;

or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Website or any related website for violating any of these prohibited uses.

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this v or any material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with the Terms of Use, our permission as well as all applicable laws, rule and regulations.

 

Copyrights and Other Intellectual Property Rights

The entire content included in this Website, including but not limited to logo, designs and models, text, graphics, icons, illustrations and photographics images  and overall appearance of the Website or code is copyrighted as a collective work under the United States and other copyright laws, and is the sole and exclusive property of Elphile Accessories LLC. The collective work includes works that are licensed Elphile Accessories LLC. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with Elphile Accessories LLC or purchasing Elphile Accessories LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Elphile Accessories LLC or to purchase Elphile Accessories LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless previously authorized in writting by Elphile Accessories LLC. You further agree not to change or delete any proprietary notices from materials downloaded or purchased from the Website .

Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks in the U.S. and other countries of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without our written permission or the written permission of such third party owner.

 

User Contributions

All user comments, feedback, postcards, suggestions, ideas, and other

submissions disclosed, submitted or offered to Elphile Accessories LLC on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, “Comments”) shall be and remain Elphile Accessories LLC’s property.

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.

 

Participation Disclaimer

Elphile Accessories LLC  does not and cannot review all communications, materials and Comments posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Elphile Accessories LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Elphile Accessories LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, or other intellectual property right of another or (d) offensive or otherwise unacceptable to Elphile Accessories LLC in its sole discretion.

 

No warranties – Limitation of Liability

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELPHILE ACCESSORIES LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ELPHILE ACCESSORIES LLC  DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELPHILE ACCESSORIES LLC  DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Although Elphile Accessories LLC attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “contents”) on the Website, The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW ELPHILE ACCESSORIES LLC AND ITS SUPPLIERS, CONTENT PROVIDERS AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE RELATED WEBSITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. THIS DOES NOT AFFECT ELPHILE ACCESSORIES LLC’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Governing law

The Terms shall be governed and construed in accordance with applicable Texas and federal law. Any case, controversy, suit, action, or proceeding arising out of, in connection with, the Terms & Conditions shall be brought in the appropriate federal or state court located in Harris County, Texas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS

Welcome to the ELPHILE ACCESSORIES LLC Website.

This website (« Website ») is operated by ELPHILE Accessories LLC. Throughout the Website, the terms “we”, “us” and “our” refer to ELPHILE. ELPHILE offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE WEBSITE TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS, ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH [NAME OF MANUFACTURER], OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

Any new features or tools which are added to the current Website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website. Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

 

  1. Terms of Sale

(a) Our Contract

By placing an order you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

When you place an order, you will receive an automatic acknowledgement e-mail confirming receipt of your order: this automatic email will only be an acknowledgement and will not constitute acceptance of your order. We  retain the right to refuse any request made by you. If your order is accepted we will inform you by email. A contract between us will not be formed until we send you confirmation, by e-mail, that the goods which you ordered have been dispatched to you. Only those goods, listed in the confirmation e-mail sent at the time of dispatch, will be included in the contract formed.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

 

(b) Pricing and Availability

Whilst we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

 

(c) Payment

Upon receiving your order Stripe.com will carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. We reserve the right to request further identification for credit card processing on any order you place with us. We may, in our sole discretion, refuse any order placed with us. These restrictions may include orders placed by or under the same user account, credit card, and/or orders that use the same address information. In the event we make a change to or cancel an order, we will attempt to notify you via email/address/phone number provided when the order was placed.

 

(d) Shipment ; Delivery

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

A shipping tracking number will be sent upon dispatch. Please note that dispatch times may vary according to availability and may be subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

Title and risk of loss pass to you upon [our transfer of the products to the carrier/delivery]. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

 

  1. Products:

We have made every effort to accurately display the color and texture of the products that appear on our Website. We cannot guarantee the quality of your computer monitor display that may show differently.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

 

  1. Warranty Disclaimer

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

WE WARRANT THAT FOR 12 WEEKS (THE “WARRANTY PERIOD”), THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE CONFORM TO THE WEBSITE’S DESCRIPTION. THE WARRANTY PERIOD IS NOT EXTENDED IF WE REPAIR OR REPLACE A WARRANTED PRODUCT OR RE-PERFORM A WARRANTED SERVICE. WE MAY CHANGE THE AVAILABILITY OF THIS LIMITED WARRANTY AT OUR DISCRETION, BUT ANY CHANGES WILL NOT BE RETROACTIVE.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.

 

What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined above) defects in materials and workmanship in products and services purchased from the Website.

What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

  1. transportation;
  2. storage;
  3. improper use;
  4. failure to follow the product instructions or to perform any preventive maintenance;
  5. modifications;
  6. unauthorized repair;
  7. normal wear and tear; or
  8. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

 What Are Your Remedies Under This Warranty ?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products..

How Do You Obtain Warranty Service ?

To obtain warranty service, you must e-mail our Customer Service Department at gwen(a)elphile.com during the Warranty Period.

 

 

  1. Limitation of Liability

UNLESS FOR CASES OF GROSS NEGLIGENCE, FRAUD OR WILFULL MISCONDUCT, THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES  BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF ELPHILE ACCESSORIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ELPHILE ACCESSORIES LLC ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES, FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES,) RESULTING ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR INTERNET ACCOUNT.

 

  1. Miscellaneous

Typographical Errors

In the event that a ELPHILE ACCESSORIES LLC product is mistakenly listed at an incorrect price or description, ELPHILE ACCESSORIES LLC reserves the right to refuse or cancel any orders placed for product listed. ELPHILE ACCESSORIES LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ELPHILE ACCESSORIES LLC shall issue a credit to your credit card account in the amount of the incorrect price.

 

Term- Termination

These terms and conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ELPHILE ACCESSORIES LLC without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice

ELPHILE ACCESSORIES LLC may revise these terms at any time without notice. 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 to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Governing law

The Terms shall be governed and construed in accordance with applicable Texas and federal law. Any case, controversy, suit, action, or proceeding arising out of, in connection with, the Terms & Conditions shall be brought in the appropriate federal or state court located in Harris County, Texas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

 

Entire Agreement 

These Terms of Service and any policies or operating rules posted by us on this Website 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).

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

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