Terms of service

OVERVIEW

Welcome to https://www.byellison.com! The terms "we", "us" and "our" refer to By Ellison. By Ellison 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"). By Ellison is powered by Shopify, which enables us to provide the Services to you. We currently ship within the United States only.

Please read these Terms of Service carefully. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence. You are solely responsible for maintaining the security of your account credentials. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately represent our products. Colors or appearance may differ due to your device settings. We reserve the right to discontinue any product at any time and may limit quantities at our sole discretion.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. By Ellison reserves the right to accept or decline any order at its discretion. Your order is not accepted until we confirm acceptance. You may request cancellation within one hour of placing an order. After that window, the order moves into processing. Your purchases are subject to return solely in accordance with our Refund Policy.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. All prices are displayed and charged in United States Dollars (USD). You agree to provide current, complete, and accurate purchase and payment information for all purchases.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates and not guaranteed. Once we transfer products to the carrier, title and risk of loss passes to you, unless otherwise required by applicable law. See our Shipping Policy for more details.

SECTION 6 – INTELLECTUAL PROPERTY

All content on our Services is owned by By Ellison, its affiliates, or licensors and is protected by U.S. and foreign intellectual property laws. You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, or create derivative works without our prior written consent.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools "as is" without any warranties or endorsement. Use of such tools is at your own risk.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for the content or accuracy of third-party sites. Please review their policies before engaging in any transaction.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

By Ellison 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 By Ellison. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and By Ellison. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with By Ellison.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes personal information about your access to and use of the Services.

SECTION 11 – FEEDBACK

Any feedback, suggestions, or reviews you submit grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute such content in any medium. You represent that you own all rights to any feedback you submit.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

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.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful purpose, to infringe intellectual property rights, to harass others, to transmit false or misleading information, or to interfere with the operation of the Services.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice if you violate these Terms. You remain liable for all amounts due up to the date of termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY BY ELLISON, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BY ELLISON, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless By Ellison, Shopify, and our affiliates from any losses, damages, liabilities, or claims arising out of your breach of these Terms, your violation of any law, or your use of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us regarding your use of the Services.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement without our prior written consent. 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 shall be governed by and construed in accordance with the laws of the State of Wyoming, United States. You agree that the courts of Wyoming, United States shall have non-exclusive jurisdiction, subject to any mandatory consumer protection rights you may have in your place of residence.

SECTION 22 – CHANGES TO TERMS OF SERVICE

We reserve the right to update or replace any part of these Terms at any time. We will notify you of material changes. Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@byellison.com.

Address: Meester van Ierselstraat 24, 5247 WP, Rosmalen, Netherlands
Email: support@byellison.com
Phone: +31 6 12647779
Contact form: Click here
Customer support opening hours: Monday to Friday, 9:00 AM – 5:00 PM (PT, Pacific Time)
Our goal is to respond within 24 hours.