Terms of service
Overview
Welcome to ELEMONT! “We”, “us”, and “our” refer to ELEMONT. ELEMONT operates this store and website, including all related information, content, features, tools, products, and services, designed to provide you (the customer) with a carefully crafted shopping experience (hereinafter referred to as the “Service”).
The following terms and conditions, along with any policies referenced herein (collectively, these “Terms of Service” or “Terms”), outline your rights and responsibilities when using the Service.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our Service.
Section 1 - Access and Accounts
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 have given us your consent to allow any of your minor dependents to use our Service on devices that you own, purchase, or manage. To use the relevant services, including accessing or browsing our online store or purchasing any products or services we provide, you may be required 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 true, accurate, complete, and current, 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 may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products
We have made every effort to display as accurately as possible the colors and images of our products and services that appear at the store. However, please note that because the type of device you use to access the store, as well as device settings and configurations, may vary, the actual colors or appearance of the products may differ from what you see on your screen. We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations, nor do we guarantee that they will be exactly as described or depicted in our online store. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may, on a case-by-case basis, limit the quantities of any products we offer to any person, geographic region, or jurisdiction.
Section 3 - Orders
When you place an order, you are making an offer to purchase. ELEMONT reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not considered accepted until ELEMONT confirms its acceptance. We must receive and process your payment before your order is accepted. Please double-check your details before submitting your order; once accepted, ELEMONT may not be able to cancel it for you. If we do not accept, or if we change or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Returns and exchanges of your purchases are strictly governed by our Refund Policy [Link]. You represent and warrant that you are purchasing for personal or household use, and not for any commercial resale or export purposes.
Section 4 - Prices and Billing
Prices, discounts, and promotional activities are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed, and the pricing information will be detailed in your order confirmation email. Unless explicitly stated otherwise, listed prices do not include taxes, shipping, handling fees, customs duties, or import charges. The prices listed in our online store may differ from those offered in physical stores or other stores operated by third parties. We may occasionally offer service promotions that affect pricing; such promotional offers are governed by terms and conditions separate from these Terms. If there is any conflict between the promotional terms and these Terms, the promotional terms shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, 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 supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes, if any.
Section 5 - Shipping and Delivery
We are not liable for any shipping or delivery delays. All delivery times are estimates only and cannot be guaranteed. We assume no responsibility for any delivery delays caused by freight carriers, customs processing, or events beyond our control. Title to the products and the risk of loss pass to you upon our delivery of the products to the carrier.
Section 6 - Intellectual Property
Our Service, including without limitation all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, as well as the related design, selection, and arrangement thereof, are owned by ELEMONT, its affiliates, or licensors, and are protected by United States and foreign patent, copyright, and other intellectual property laws. These Terms permit you to use the Service strictly for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you any license or other rights in any patents, trademarks, copyrights, or other intellectual property of ELEMONT or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. ELEMONT reserves all rights not expressly granted in these Terms. ELEMONT's name, logos, product and service names, designs, and slogans are trademarks of ELEMONT or its affiliates or licensors. You must not use such marks without the prior written permission of ELEMONT.
Section 7 - Optional Tools
As part of the Service, you may be provided with access to third-party customer tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis 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 features through the Service (including the release of new tools and resources). Such new features shall also be considered part of the Service and shall be subject to these Terms of Service.
Section 8 - Third-Party Links
The Service may contain hyperlinks to materials and websites provided or operated by third parties (including any embedded third-party features). 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 Service to access these materials or third-party websites, you do so entirely at your own risk. We are not liable for any harm or damages related to your access to any third-party websites, or the purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party's policies and practices carefully 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.
Section 9 - Relationship with Shopify
ELEMONT is powered by Shopify, which enables us to provide the Service to you. However, any sales and purchase transactions you conduct on our store are made directly with ELEMONT. By using the Service, you acknowledge and agree that Shopify is not responsible for any matters related to any sales between you and ELEMONT, including any injury, damage, or loss caused by the products and services purchased. You hereby explicitly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ELEMONT.
Section 10 - Privacy Policy
All personal information we collect through the Service is governed by our Privacy Policy, and certain personal information may also be governed by Shopify’s Privacy Policy (you can review Shopify’s Privacy Policy here). By using the Service, you signify that you have read and understood these privacy policies. Because the Service is hosted by Shopify, Shopify will collect and process personal information regarding your access to and use of the Service in order to provide and improve the Service for you. Information you submit to the Service will be transferred to and shared with Shopify and third parties who may be located in countries outside your location in order to provide the Service to you. Please review our Privacy Policy [Link] to learn more about 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, comments, proposals, plans, or other content (collectively, "Feedback"), you thereby grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose (including commercial use). For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service, and to fulfill and exercise our obligations and rights under these Terms of Service. You also represent and warrant that: (i) you own or have all necessary rights to submit all Feedback; (ii) you have publicly disclosed any compensation or rewards you received for submitting the Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation: (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is 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 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 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 email address, impersonate 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 take no responsibility and assume no liability for any Feedback posted by you or any third party.
Section 12 - Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Section 13 - Prohibited Uses
You may only access and use the Service for lawful purposes. You shall not directly or indirectly access or use the Service for the following purposes: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (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 harm any of our employees or any other individuals; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending 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 any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm ELEMONT, Shopify, or users of the Service or expose them to liability. Furthermore, 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 Service; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. If we determine that you have violated any provision of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without notice.
Section 14 - Termination
We may, in our sole discretion and without notice, terminate this agreement or your access to the Service (or any portion thereof) at any time, 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, Disclaimers, 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 15 - Disclaimers
The information presented on or through the Service 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. Except as expressly stated by ELEMONT, the Service and all products delivered to you through the Service are provided on an "as is" and "as available" basis 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. We do not guarantee, represent, or warrant that your use of the Service 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 maximum extent permitted by law, in no case shall ELEMONT, our partners, directors, officers, employees, affiliates, agents, contractors, 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 part 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.
Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless ELEMONT, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your (1) breach of these Terms of Service or the documents they incorporate by reference, (2) violation of any law or the rights of a third party, or (3) access to and use of the Service. We will provide you with notice of any indemnifiable claim; failure to provide timely notice will not relieve you of your indemnification obligations unless it materially prejudices you. We may, at your expense, assume the exclusive defense and control of any such claims (including the choice of counsel), and you shall not settle any claim that requires you to assume any non-monetary obligations without our consent (which you shall not unreasonably withhold). You will be required to cooperate in the defense of these claims, including providing relevant documents.
Section 18 - Severability
In the event that any provision of these Terms of Service 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 of Service; such determination shall not affect the validity and enforceability of any other 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 and any policies or operating rules posted by us on this site or in respect to 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, but not limited to, any prior versions of the Terms of Service). Any ambiguities 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 deemed void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent and without prior notice.
Section 21 - Governing Law
These Terms of Service and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the federal, state, or local courts in the jurisdiction where ELEMONT's headquarters are located. You and ELEMONT consent to the territorial and personal jurisdiction of such courts.
Section 22 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 - Changes to Terms of Service
You can 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 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 our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24 - Contact Information
Questions about the Terms of Service should be sent to us at: info@pcltd.com.hk.
Our contact information is as follows:
ELEMONT
info@pcltd.com.hk
+852 2116 0200