Terms and Conditions

Overview

The owner of the online store Elimel Art OÜ (hereinafter referred to as the online store) is 16164946 (registry code ), located in Tallinn, Estonia.

This website is operated by Elimel Art. Throughout the site, the terms “we”, “us”, “company” and “our” refer to Elimel Art. Elimel Art offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on WordPress.com. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Service.

Copyright

All trade names, trademarks, images, and biographical information of people used in the Company Content and contained in the Site, including without limitation the name, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright and all other intellectual property rights of others. The Company has the right but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at info@elimelart.eu. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

Online store terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or Elimel Art_info@elimelart.eu_Tallinn_Harju, or that you are the age of majority in your state or Elimel Art_info@elimelart.eu_Tallinn_Harju and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Products or Services

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Should Elimel Art reduce its price on any Elimel Art-branded product within 14 calendar days from the date you receive your product, feel free to visit an Elimel Art Store or contact the Elimel Art Store at +37255622136 to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact Elimel Art within 14 calendar days of the price change. Please note that this excludes limited-time price reductions, such as those that occur during special sales events, such as Black Friday or Cyber Monday. The conditions of sale apply to purchases of goods from the online store. The prices of the products sold in the online store are indicated next to the products.

All prices are in Euros (€). Product information is provided immediately adjacent to the product in the online store.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.

We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Placing an order

Add the desired products to your shopping basket to order them. Fill in all of the required fields and choose the most suitable shipping method to complete the order. The total cost is then displayed on the screen. This can be paid securely via the following payment methods provided by Maksekeskus AS:

Estonian bank payments: Swedbank, SEB, Luminor, LHV, Coop Pank, Pocopay, Citadele

NB! When using a bank link payment confirm the order and then click on the ‘Return to merchant’ button.

This can be paid securely via the following payment methods provided by Paypal:

Card payments: Credit/ Debit Cards, Visa / MasterCard

The personal data necessary for the execution of payments are transferred to the authorized processor Maksekeskus AS and Paypal. The contract enters into force when the amount payable is transferred to the bank account of the online store.
If we cannot deliver the ordered goods due to stock running out or for any other reason, the purchaser will be informed as soon as possible and the money paid (including the shipping cost) will be refunded promptly, but no later than within 14 days of receiving the notification.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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. For more detail, please review our Returns and Refund Policy.

Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices 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.

Shipment

A fee for shipping is added to the price. The shipping cost depends on the location of the purchaser and the shipping method. The shipping cost is displayed when the purchaser places the order.

Goods are shipped to the following countries: Worldwide. These options are available for receiving the order: Local pickup, DPD parcel machine, DHL or DPD carriers.

The purchaser bears the shipping cost and the respective price information is displayed next to the shipping method. Free local shipping and worldwide orders over 350€. See more here: Shipping Policy

All shipments within Estonia generally arrive at the destination specified by the purchaser within 3-7 business days of the date of entry into force of the contract of sale. All shipments outside of Estonia are guaranteed to arrive within calendar days. Worldwide shipping depends on the partner’s working days, traffic etc, but shouldn’t take longer than 40 days business days. We have the right to ship goods in up to 45 calendar days in exceptional cases.

Right of withdrawal

After receiving the order, the purchaser has the right to withdraw from the contract entered into with the e-store within 14 days. See more here: Return and Refund Policy.

The right of withdrawal does not apply if the purchaser is a legal person.
To exercise the 14-day right of withdrawal, you must not use the ordered goods in any way other than is necessary to ensure the nature, characteristics, and functioning of the goods in the same way you would be allowed to test the goods in an actual store.

If the goods have been used for any purpose other than is necessary to ensure the nature, characteristics, and functioning of the goods, or if there are any signs of use or wear and tear, the online store has the right to lower the amount returned in accordance with the decrease in the value of the goods.

To return the goods, you must submit a declaration of withdrawal (the form for which can be found here: declaration of withdrawal) to the e-mail address within 14 days of receiving the goods.

The purchaser shall bear the cost of returning the goods, except in cases where the reason for the return lies in the fact that a refundable product does not comply with the order (e.g. a wrong or defective product).

The purchaser must return the goods within 14 days of the submission of the declaration of withdrawal or submit evidence that they handed over the goods to the carrier within the aforementioned period.

Upon receiving the returned goods, the online store shall return to the purchaser, immediately but no later than after 14 days, all of the payments received from the purchaser based on the contract.
The online store has the right to refuse to make a refund until the goods being returned are received or until the buyer has provided proof of returning the products, whichever occurs first.

If the buyer has clearly chosen a different form of shipment than the cheapest usual form of shipment offered by the online store, the store is not required to compensate for the cost exceeding the usual shipping cost.

The online store has the right to withdraw from the sale and demand that the goods be returned by the purchaser if the marked price of the goods in the online store is significantly lower than the market price of the goods due to an error.

Defective goods

The online store is responsible for the non-compliance of goods sold to a purchaser with the terms and conditions of the contract or for deficiencies that already existed at the time of delivery and which occur within two years of delivering the goods to the purchaser. Within the first year of delivery, it is assumed that the defect was present at the time of delivery. It is the online store ́s responsibility to prove otherwise.

The purchaser has the right to turn to the online store within two months of the occurrence of a defect by e-mailing (info@elimelart.ru) or calling (+37255622136).
The online store is not liable for any defects arising after delivering the goods to the purchaser.

If goods bought from the online store have defects for which the online store is responsible, the online store will repair or replace the defective goods. If the goods cannot be repaired or replaced, the online store shall return to the purchaser all of the payments involved in the contract of sale.

The online store will respond to the consumer ́s complaint in written form or in a form that enables written reproduction within 15 days.

Direct marketing and processing of personal data

The online store only uses the personal data entered by the purchaser for processing the order and sending goods to the purchaser. The online store forwards personal data to the transport service provider in order to deliver the goods.
The online store sends newsletters and offers to the purchaser’s e-mail address only if the purchaser has expressed their wish to receive them by entering their e-mail address on the website and indicating their desire to receive direct mail.

The purchaser is able to opt-out of offers and newsletters sent to their e-mail address at any time by letting us know via e-mail or by following the instructions in an e-mail containing an offer.

User comments, feedback, and other submissions

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments 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 e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

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). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company.

Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics, and/or sound files, for public or commercial purposes without the express written permission of the Company.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is and ‘as available 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. In no case shall Elimel Art, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 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 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Elimel Art and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

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.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions 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 and Conditions). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Settlement of disputes

All complaints made by a purchaser about the online store must be e-mailed to or submitted by calling.
If the purchaser and the online store are not able to settle the dispute by agreement, the purchaser may contact the Consumer Dispute Committee. The Consumer Dispute Committee is competent to resolve disputes arising from a contract between a purchaser and the online store. The resolution of disputes by the Consumer Dispute Committee is free of charge for the purchaser.

A purchaser may also turn to the dispute resolution bodies of the European Union.