Terms of service

Overview

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

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty 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 Privacy Policy, you should 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 country or region of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products 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 store is correct, current, and complete, and that you have all rights necessary to provide this information.

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

Section 2 — Our Products

Each ÉLRUZELLE piece is crafted exclusively to order and is never mass-produced. We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors, finishes, or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration, as well as natural variation inherent to made-to-order pieces.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they are depicted in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products 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. ÉLRUZELLE reserves the right to accept or decline your order for any reason at its discretion. Because our pieces are made to order, your order is not accepted until ÉLRUZELLE confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as ÉLRUZELLE may be unable to accommodate cancellation requests after an order is accepted and production has begun.

In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].

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

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges — these may vary depending on your delivery destination.

Prices posted in our online store may differ from prices offered in any physical presence or in online or other stores operated by third parties. We may offer promotions from time to time that affect pricing and are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

Section 5 — Shipping and Delivery

We ship internationally, including within Malaysia and to select international destinations. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible 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 passes to you. International orders may be subject to customs duties, import taxes, or fees imposed by the destination country, which are the responsibility of the customer.

Section 6 — Intellectual Property

Our Services, including but not limited to all trademarks, brand elements, text, displays, images, graphics, product photography, and the design, selection, and arrangement thereof, are owned by ÉLRUZELLE, its affiliates, or licensors, and are protected by applicable copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of ÉLRUZELLE, Shopify, or any third party. Unauthorized use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by ÉLRUZELLE.

ÉLRUZELLE's name, logo, product and collection names, designs, and slogans are trademarks of ÉLRUZELLE. You must not use such trademarks without our prior written permission. 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 the trademarks of their respective owners.

Section 7 — Optional Tools

You may be provided access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

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 the 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 such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are 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 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 decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 9 — Relationship with Shopify

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

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 about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review 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 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 such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, 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 without prior notice, including after you have submitted your order.

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, or harm any of our staff or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit unsolicited advertising or promotional material ("spam"); (h) to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm ÉLRUZELLE, Shopify, or other users.

You also agree not to: (a) upload or transmit viruses or malicious code; (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, or pretext the Services; (e) use any robot, spider, scraping, data-gathering tool, AI agent, or automated means to access the Services; or (f) interfere with, bypass, or circumvent security or authorization features we employ. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.

Section 14 — Agents

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, executable without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements below. No Agent may access, use, or interact with the Services if we have requested it refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.

Agents must: (i) in all HTTP/HTTPS requests, identify themselves as an Agent and disclose their name in the user agent string ("Agent/[agent name]"); (ii) not conceal or obfuscate that access is from an Agent, including by mimicking human behavior or bypassing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions are from a human or a computer; and (iv) not circumvent any measure intended to control Agent access to the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services, in whole or in part, in our sole discretion 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 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 termination.

Section 16 — Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by ÉLRUZELLE, 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, either express or implied, including all 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 limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not fully apply to you.

Section 17 — Limitation of Liability

To the fullest extent provided by law, in no case shall ÉLRUZELLE, our partners, 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, or replacement costs, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, even if advised of the possibility of such damages.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless ÉLRUZELLE, Shopify, and our affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising out of (1) your breach of these Terms or documents incorporated by reference, (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 indemnifiable claim, though a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).

Section 19 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies posted by us on this site govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of these Terms.

Section 21 — Assignment

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations without our prior written consent; any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 — Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia, without regard to conflict of law principles. You and ÉLRUZELLE consent to the exclusive jurisdiction of the courts of Malaysia for any disputes arising from these Terms.

Section 23 — Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 — Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. We will notify you of material changes in accordance with applicable law, and continued use of the Services after changes are posted constitutes acceptance of those changes.