Terms of service

Welcome to Elisa Miller's shop!

The terms "we", "us", and "our" refer to Elisa Miller. Elisa Miller operates this shop and website, including all information, content, features, tools, products, and services related thereto, to provide you, as a customer, with a personalised shopping experience (collectively, the "Services"). Elisa Miller is a shop powered by Shopify, which enables us to provide you with the Services.

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

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must 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 state or province of residence, and you consent to allowing any minor dependants to use the Services on any devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online shops, or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that any information you provide in our shops is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You are not permitted to transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to display the products and services in our online shops as accurately as possible. However, please note that the colours or appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the shop, as well as your device's settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or described in our online shops.
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 product 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. Elisa Miller reserves the right to accept or decline your order for any reason, at our discretion. Your order is not accepted until Elisa Miller confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Elisa Miller may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, amend, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided at the time the order was placed.
Your purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for your personal or household use, and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service 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 stated, displayed prices do not include taxes, shipping and handling charges, or customs or import duties.
Prices displayed in our online shops may differ from those offered in physical shops, or in online shops or other outlets operated by third parties. We may, from time to time, run promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our reasonable control. Once we hand products over to the carrier, title and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by Elisa Miller, its affiliates, or its licensors, and are protected by US and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly set out herein, nothing in these Terms grants or shall be construed as granting to you any licence or other rights under any patent, trademark, copyright, or other intellectual property of Elisa Miller, Shopify, or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to Elisa Miller.
The names, logos, product and service names, designs, and slogans of Elisa Miller are trademarks of Elisa Miller or its affiliates or licensors. You must not use these trademarks without the prior written consent of Elisa Miller. 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 appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to third-party customer tools made available through the Services, which we do not monitor and over which we have no control or influence.
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 accept no liability 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 such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be 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 integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such 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 to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully review third-party policies and practices and ensure you understand them before entering into 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
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your shop and must not be removed or amended.]
Elisa Miller is powered by Shopify, which enables us to provide you with the Services. However, any sales and purchases you make in our Shop are made directly with Elisa Miller. By using the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of the sales between you and Elisa Miller, including any injury, harm, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or relating to your purchases and transactions with Elisa Miller.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which may be accessed here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, which may be accessed here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transferred to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide the services to you. Please refer to our Privacy Policy [LINK] for further details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and fully royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes. We may, for example, use the rights granted to us under this licence to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own or otherwise have all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation, and will have no obligation, to (1) keep any Feedback confidential; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory 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 Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or relating to the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product 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 is inaccurate, at any time and without notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulation, rule, law, or local ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit, knowingly receive, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or arrange for the transmission of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate another 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, as determined by us, may harm Elisa Miller, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent 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 believe you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at 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 shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which, by its nature, should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for general informational purposes only. 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. We disclaim all liability arising from any reliance placed on such content by you, any other visitor to the Services, or anyone who may be informed of its contents.
UNLESS OTHERWISE EXPRESSLY STATED BY ELISA MILLER, 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 OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT 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 APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELISA MILLER, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY OR 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 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 USING 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 ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) 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 Elisa Miller, 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 legal fees, made by any third party arising out of or relating to (1) your breach of these Terms of Service or the documents they incorporate 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, provided that failure to promptly notify you will not relieve you of your obligations, except to the extent you are materially prejudiced. We may control the defence and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You agree to cooperate with the defence of any indemnified claims, including by providing relevant documentation.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless 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 any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these 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 respect of the Service, constitute 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, without limitation, any prior versions of the Terms of Service).
Any ambiguity 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 of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws applicable in the federal and state or territorial courts of the jurisdiction in which Elisa Miller is based. You and Elisa Miller agree to submit to the venue and personal jurisdiction of such courts.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE 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 and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at contact@elisamillerart.com
Our contact details are set out below:
Elisa Miller
contact@elisamillerart.com