General Terms & Conditions

Customer Information and General Terms & Conditions for the United States of America (“USA”)

1. GENERAL

1.1. Applicability

These general terms and conditions and any policies or documents to which a link is provided herein (hereinafter referred to as the “GTCs”) apply to all orders through www.elpisluxe.com (the "Website") mobile websites, and applications owned by and/or operated by or on behalf of Elpis Luxe & Co. (hereinafter referred to as “Elpis Luxe & Co. / We / Us / Our”). By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures, and other communications that Elpis Luxe & Co. provides to you electronically satisfy any legal requirements that such agreements, notices, disclosure, and other communications be in writing. Please read these GTCs carefully before ordering Products (as defined below) from the Website. By ordering Our Products, you indicate that you consent to and shall comply with:

a. These GTCs

b. Our Website Terms of Service, and

c. Our Privacy Policy

This Website may only be used by persons residing in the USA. This Website may not be used by persons in jurisdictions where access to or use of this Website, or any part of it, is illegal or prohibited. If you are accepting these Terms on behalf of a legal entity other than yourself as an individual, including a business or government, you represent and warrant that you have full legal authority to bind that entity to these GTCs.

1.2. Contracting Party, Customer Service, and Warranty Claims

Elpis's customer service department may be contacted using the following contact information: Email: info@elpisluxe.com. All complaints or warranty claims may be sent to this e-mail.

1.3. Eligibility Some parts or all the Website or Products may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Products if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions. Elpis Luxe & Co. only sells Products to adults over the age of 18 through the Website who can purchase its Products using an approved method of payment, which Elpis Luxe & Co., in its sole discretion, may change from time to time. By purchasing a product using the Website, you represent to Elpis Luxe & Co. that you are legally an adult and that you are authorized to make the purchase using the payment information you provide. If you are under 18 years of age, then do not use this Website or purchase Products without the consent of your parent or guardian. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Elpis's Products through your computer. If We have reason to believe that you do not fulfill any of these requirements, We reserve the right to cancel your order.

1.4. Amendment to the GTCs We reserve the right to make changes to the GTCs at any time and any changes will be effective from the publication of the new GTCs on the Website. You, and any use of this Website or Product purchase, will be subject to the version of the GTCs in force at the time you order Products from the Website.

2. ACCEPTANCE OF PURCHASE ORDERS

2.1. Invitation By completing the Check-Out process and clicking the “PAY NOW” button, you enter into a binding offer to purchase Products; however, all orders submitted by you are subject to acceptance by Us. We are free, without liability, to refuse your offer to purchase for any reason in compliance with applicable laws. We may choose to not accept your purchase offer at our discretion, including for the following reasons:

a) non-availability of Product(s);

b) incorrectly priced Product(s);

c) incorrectly described Product(s);

d) if We are unable to obtain authorization of your payment;

e) if We receive a negative credit alert when you pay by your credit card;

f) if there is reason to believe that you are in breach of the GTCs;

g) if there is reason to believe that you are involved in fraudulent or criminal activities of any kind; and

h) if We have reason to believe that you are not a consumer but a commercial buyer.

2.2. Registration Process

a) When placing an order, you can use the “Guest Check-Out”, or you may register with Us. When you register an account with Us, We will save your information for future purchases but we will not save that information if you check out as a Guest. Both options require certain mandatory fields (name, surname, address, email address, phone number) on an order form. We will treat any information provided through the purchase process in accordance with these GTCs and the Privacy Policy / California Privacy Rights. When you create an account with Us, We may ask you to create and use a password to be able to access your information the next time you wish to purchase a Product. If you register an account with Us, you agree to (1) keep your username and password or any other Credentials always needed to login secure and confidential at all times, and (2) to comply with all security directions and recommendations given by Us. You understand and agree that we may assume that instructions from an individual associated with your account are authoritative and should be acted upon by Us. We are not responsible for any unauthorized access to your account or any ramifications of that access. You agree to inform Us immediately at info@elpisluxe.com if you become aware of or suspect any unauthorized use of your password or if your password becomes available to an unauthorized party. Without prejudice to Our other rights and remedies, We may suspend your access to the Website without liability to you, if in Our reasonable opinion, such action is necessary for safeguarding the Website. You agree that the content you provide when you register on the Website is not misleading and is true, accurate and complete in all respects and you will notify Our Customer Service via email to info@elpisluxe.com of any changes to that content.

b) In the event prolonged inactivity causes your connection to the Website to fail, your selection of Products may be lost. In such case, you will be required to re-enter your selection.

2.3. Ordering Steps

As stated above in Section 2.1, all orders are subject to acceptance by Us. Before you submit your order by clicking on the “PAY NOW” button, you will be given the opportunity to review your selection, check the total price of your order, correct any input errors, and choose a payment and delivery method. Item availability, prices and delivery options may vary depending on the delivery destination. After you have submitted your Product order, you will receive an order confirmation email with your billing and delivery address, order number, details of your chosen Products, final price and shipping mode. This email is solely a confirmation that We have received your order, not a confirmation that we have accepted and will fulfill your order.

We will confirm that we have accepted your order by

(i) sending an email confirming that the Products ordered have been dispatched. Note that variations in both the manufacturing processes We use and the display properties of the computer hardware you use to view the Website may affect the colors of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects. We may also make minor changes to the Products to reflect changes in relevant laws and regulatory requirements. We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing a freight forwarding service. In the event that We do accept any order and We subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing a freight forwarding service, We shall be entitled to cancel such order upon notice to you by email or telephone. After your order has been submitted, We are not able to change it. If you wish to cancel your order or return the Product for a refund, see Section 7 below and further information on our Refund, Replacement and Return Policy or contact Our Customer Service via email: info@elpisluxe.com.

3. AVAILABILITY

3.1. General Availability Products are available if they are in stock. Elpis Luxe & Co. reserves the right to limit the number of Products (or the number of a particular SKU) that may be sold to you. The level of stock availability shown will be updated regularly but it does not guarantee that the Product checked will be available when you check out. Note that Products in your shopping basket and on your Wishlist are not reserved and may be purchased by other customers and/or removed from your shopping basket. We reserve the right to change the Products offered for sale on the Website at any time without notice (but such changes will not apply to Products in respect of which you have submitted an order). In the unlikely event the Products you have ordered are not available. We will notify you during the order process, and you will be reimbursed via the payment method used to purchase the Product(s). We are not liable if certain Products are not in stock or are not available.

4. PRICES AND ADDITIONAL COSTS

4.1. Prices of Products Elpis Luxe & Co. reserves the right to change prices, terms, specifications, and warranties for products on this Website at any time without prior notice. All prices of Products on the Website are the prices for the Products only. They do not include any applicable taxes, customs, duties, levies, or the charge for delivery (if any). The total price of your order, including all ancillary and delivery costs, will be shown at the end of the Check-Out process. By confirming the order, you state that you agree to the price for the Products. The price cannot be adjusted after the completion of the Check-Out process.

4.2. Mispricing Elpis Luxe & Co. attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered, and Elpis Luxe & Co. reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Elpis Luxe will inform you of the error, at which time you may cancel or reaffirm your order at your option.

4.3. Changes to Pricing We may vary the prices of Products listed on the Website at any time and without any notice, but such changes will not apply to Products in respect of which you have submitted an order.

4.4 Elpis Luxe Sale and Promotional Pricing Policy. We will periodically offer limited-time sales, extra savings, or other promotions, which are date-and-time-bound discounts while supply lasts (“Offers”). This policy applies to all Elpis Luxe Offers unless communicated otherwise at the time of the Offer. OFFERS ARE NOT VALID FOR THE PURCHASES MADE IN THE PAST, BEFORE THE STARTING DATE OF THE OFFER. Offers are only valid on select, in-stock merchandise, while supplies last, at www.elpisluxe.com, as communicated at the time of the Offer. Offers cannot be combined or used in conjunction with any other discount, including employee discount, or used on prior purchases. Offers cannot be redeemed for cash, applied to any credit card balances, used to purchase gift cards, or used toward delivery charges. Your use of any Offer constitutes your acceptance of this policy. No variance from this policy will be allowed except as may be otherwise communicated at the time of the Offer or where legally required. Elpis Luxe reserves the right to extend, modify, eliminate, or reduce any Offer at any time without prior notice. Certain exclusions apply to all Offers, including products which are not marked with the applicable discount, visit a participating store or www.elpisluxe.com for complete details of a particular Offer. All purchases are subject to Elpis’s delivery and returns policies and Elpis’s standard terms and conditions of sale, which continue to apply. If there is a conflict between this policy and Elpis’s standard terms and conditions of sale, this policy will take priority to the extent necessary to resolve any conflict.

5. PAYMENT TERMS

5.1. Total Price

The purchase price for the products ordered by you through the Website is due when you submit your order through the Website. The total price for your order will be the purchase price of the Product(s) you have chosen, including taxes and any additional costs (i.e. delivery costs, etc.). When Elpis Luxe is required by law to collect applicable taxes relating to your order, you authorize Elpis Luxe to charge the applicable taxes to your selected payment method.

5.2. Payment Methods

All information provided by you will be treated securely and strictly under all applicable data protection laws and Our Privacy Policy / California Privacy Rights. Suppose you pay with a credit/debit card. In that case, you confirm that the credit/debit card that is being used is yours and is valid, and that all the credit/debit details you provide to Us, including payment information, name, and address details, are complete, correct, and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. Suppose the institution that issued the credit card refuses to authorize payment to Us. In that case, We will not accept your order and We are not liable for any delays or for failure to deliver and We are not obliged to inform you of the reason for the refusal. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of Our processing of your credit/debit card payment under your order. If you pay using PayPal, the PayPal Privacy Policy available on the PayPal website will also apply. If you pay using Google Pay, the Google Privacy Policy available on the Google website will also apply to your purchase. If you choose to use Apple Pay as a payment method, the Apple Pay Privacy Policy will apply. If you use Klarna as a payment method, you may have the option to use different products of Klarna. It is at the discretion of Klarna to determine if you are eligible to use Klarna as a payment method and to tailor the payment options for you. See the Klarna Terms of Use for more information. Note, that We do not accept liability in respect of your use of Klarna as a payment method. In order to be able to offer you Klarna as a payment method, We need to pass to Klarna your personal information (name, billing and shipping address, email, phone number, date of birth, bank account or card details, personal ID number and order details). Your personal data will be handled in accordance with applicable law, Our Privacy Policy / California Privacy Rights and Klarna's privacy statement. If you choose to use Google Pay as a payment method, the Google Pay Privacy Policy will apply. If you choose to use Shop Pay as a payment method, the Shop Pay Privacy Policy will apply.

5.3. Debit Occurrence

According to the payment method you have chosen, we may authorize funds immediately after you submit your order.

5.4. Payment Conditions

For your security, the billing name and address must match the credit card or other method used for payment. Any PayPal or Klarna account used must be in the name shown on your government issued identification document. We reserve the right to cancel any order that does not comply with this or with our other security criteria.

5.5. Consents

To safeguard your information, We may partner with third-party vendors who both process your payment information and conduct fraud prevention checks for purchases. You agree for Our eCommerce fraud prevention provider(s) to use automated decision making. Automated decision-making is the process of making a decision by automated means without any human involvement. These decisions can be based on factual data, as well as on digitally created profiles or inferred data. Your personal data will be processed in accordance with Our Privacy Policy / California Privacy Rights.

5.6. Currency

We only accept payment in the form of US currency.

6. DELIVERY AND RESERVATION OF TITLE

6.1. Delivery

Your Product(s) will be delivered to the delivery address you provide by Our contracted delivery service. We will endeavor to dispatch your order in accordance with the estimated delivery times set out at Shipping Terms and Conditions or as otherwise specified in the Check-Out process as you submit your order. The Products ordered will be delivered to the delivery address you provide by Our contracted delivery service. Ensure that you provide a valid and correct shipping address. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. If Our supply of the Products is delayed by an event outside Our control, then We will contact you as soon as reasonably possible to let you know, and We will take steps to minimize the effect of the delay. Provided We do this, We will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact Us to terminate the contract and receive a refund for any Product(s) you have paid for but not received. Note that We do not deliver to hotels or PO boxes or APO/FPO addresses. We do not ship orders or schedule deliveries on public holidays; therefore, deliveries may take longer than expected during these periods. Upon receipt, the shipment must be checked for accuracy and completeness. We will make efforts to deliver the Products at a specific time if you have requested this, but generally cannot make binding promises to do so.

6.2. Reservation of Title

Until the purchase price is paid in its entirety, the Products remain Our property. With receipt of the Product, all risk of damage to or loss of the Product shall pass to you.

7. CANCELLATION AND RETURNS PROCESS

7.1. Refunds

A full refund or replacement is provided for items that arrive damaged within 14 days of delivery. All refund or replacement requests for damaged products will need to be validated through photo or video evidence submitted to info@elpisluxe.com for approval prior to a refund being issued.

A full refund or replacement will be provided for incorrect or missing items that were shipped. All refund or replacement requests for incorrect or missing products will need to be validated through photo or video evidence submitted to info@elpisluxe.com for approval prior to a refund being issued.

Unfortunately, we cannot accept refunds on sale items or gift cards.

7.2. Order Cancellations

A full refund is available for orders canceled before being processed and shipped by our warehouse. However, certain orders, such as preorder inventory orders, cannot be canceled after payment.

8. LIABILITY

Nothing in these GTCs shall have the effect of excluding or limiting in any way Our liability to you where it would be unlawful to do so. The rights of the consumers based on the consumer protection laws and product liability regulations in force are not affected by these GTCs. IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, ELPIS LUXE SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 3) LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. AS SOME STATES OR JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME DAMAGES, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO THIS AGREEMENT DEPENDING ON WHERE YOU ARE LOCATED. EXCEPT FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, ELPIS LUXE SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY YOU, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT(S). Notwithstanding any language in this Section 9 to the contrary, Elpis Luxe agrees that the limitation on liability for actions under or related to this Agreement will not apply to claims brought by New Jersey consumers for damages caused by Elpis’s intentional, reckless or grossly negligent conduct.

9. DATA PROTECTION

Your personal data will be processed in accordance with our Privacy Statement. Refer to Our Privacy Policy / California Privacy Rights if you wish to receive more information on the manner in which We use cookies, the type of information We collect, how and for what purpose We use your information and under what circumstances We invite you to explore your rights under California Privacy Rights, also Our Privacy Policy (including information on the use of cookies) is incorporated into and form part of these GTCs. Additionally, where you use PayPal or Klarna or other allowed payment methods as a payment method, your personal data will be handled in accordance with the PayPal, Klarna or other payment provider’s privacy policies (refer to Section 5).

10. OTHER IMPORTANT TERMS

10.1. We may transfer this agreement to someone else. We may transfer Our rights and obligations under these GTCs to another Elpis Luxe legal entity or third party with whom We have a legal relationship with. We will always ensure that the transfer will not affect your rights under these GTCs.

10.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these GTCs to another person if We agree to this in writing.

10.3. Nobody else has any rights under these GTCs. These GTCs are between you and Us. No other person shall have any rights to enforce any of its terms. These GTCs contain the entire agreement between you and Us and supersedes all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.

10.4. If a court finds part of these GTCs illegal, the rest will continue in force. Each of the Sections of these GTCs operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

10.5. Even if We delay in enforcing these GTCs, We can still enforce our rights later. If We do not insist immediately that you do anything you are required to do under these GTCs, or if We delay in taking steps against you in respect of your breaking these GTCs, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date.

10.6. These GTCs may change. We reserve the right to make changes to the Website and these GTCs at any time by updating this posting. By using the Website, you agree to be bound by the GTCs in effect at the time of your use or purchase. You may not modify, supplement, delete, or amend these GTCs in any manner without the express written agreement of Elpis Luxe.

10.7. Excusable non-performance by Us. If the performance of any of these GTCs or any obligation hereunder by Elpis Luxe is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion, typhoon or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or nonperformance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; (vii) epidemics; pandemics; communicable disease emergencies; or (viii) any other cause beyond its reasonable control, to the extent permitted by applicable law, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.

10.8. Headings. The Section headings used in these GTCs are for convenience only and do not form a part of these GTCs and no construction or inference shall be derived from them.

10.9. Intellectual Property Rights The Elpis Luxe Group, or the applicable third-party owner retains all rights, title and interest (including copyright, design, trademarks, patents or other intellectual property rights) in all materials used on this Website, including but not limited to text, typefaces, names, product designs, logos, images, graphics, videos music, sounds, artworks, data, software, photographs, and other material (hereafter referred to as “Content”). All content is copyrighted as a collective work under the U.S. copyright laws and Elpis Luxe owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such content. Nothing contained on the Website should be construed as granting any license or right to use any Content displayed on the Website. Except as expressly authorized or licensed, you may not copy, modify, from or in any way exploit any of the content, in whole or in part. You may freely browse the Content on the Website, but you are only permitted to download, view, or use such Content from the Website for your own personal, non-commercial use given that the Content and all copyright or other proprietary notices are kept intact. Additionally, we ask you to add the following notice on such reproductions: © Elpis Luxe & Co. LLC. All rights reserved. Besides above permission, you may not modify, adapt, reproduce, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works or change the Website or its Content nor incorporate the Website or its content into any other website, online platform or similar. Any commercial use is forbidden without prior written permission from Elpis Luxe. ELPIS LUXE and the FLOWER logo are, among others, registered trademarks of © Elpis Luxe & Co. LLC. The Elpis Luxe Group monitors the use of its trademarks and will take adequate measures to enforce against any form of intellectual property infringements. Additional information on the Intellectual Property rights of the Elpis Luxe Group can be found in Our Terms of Use.

10.10. Applicable Law and Venue. Elpis Luxe reserves the right to make changes to the Website and these GTCs at any time by updating this posting. By using the Website, you agree to be bound by the GTCs in effect at the time of your use or purchase.

10.11. Export Control and Sanctions Elpis Luxe will screen your personal data with relevant export control and sanctions lists. Screening will occur with every update of any sanctions list. You hereby also certify that your purchase will not in any way benefit, directly or indirectly, any natural or legal person that is named on any relevant sanctions list, such as the Consolidated list of persons, groups and entities subject to EU financial sanctions and OFAC’s List of Specially Designated Nationals and Blocked Persons (“SDN”) list. If your order of Products violates this clause or any trade law or export control regulations or sanctions, Elpis Luxe will not be obliged to deliver any Products nor will any compensation for non-performance be due. Open orders shall be rescinded immediately. Any compensation for non-performance shall be excluded.