Terms & Conditions
1. Overview
The terms “we”, “us” and “our” refer to Elymentica. Elymentica 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”). Elymentica is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, 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 our Privacy Policy, you should not use or access our Services.
2. Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or region of residence, and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and your billing, payment and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that takes place under your account. You may not transfer, sell, assign or license your account to any other person.
3. Our Products
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen, due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.
All descriptions of products 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 products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.
4. Orders
When you place an order, you are making an offer to purchase. Elymentica reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Elymentica confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Elymentica may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, 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.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
5. Prices 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 expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
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 and any credit or debit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
- the card information you provide is true, correct and complete;
- you are duly authorised to use such card for the purchase;
- charges incurred by you will be honoured by your card issuer; and
- you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
6. Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control.
Once we transfer products to the carrier, title and risk of loss pass to you.
7. Intellectual Property
Our Services, including but not limited to all trade marks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Elymentica, its affiliates or licensors and are protected by UK and foreign patent, copyright, trade mark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants, or shall be construed as granting, a licence or other rights to you under any patent, trade mark, copyright or other intellectual property of Elymentica, Shopify or any third party. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Elymentica.
Elymentica’s names, logos, product and service names, designs and slogans are trade marks of Alt Circle Health Limited or its affiliates or licensors. You must not use such trade marks without the prior written permission of Elymentica. Shopify’s name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trade marks of their respective owners.
8. Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over, nor input into.
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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the 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 Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
9. Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). 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 Services to access these 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 of any third-party websites, or your purchase or use of any products, services, resources or content on 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 and services should be directed to the relevant third party.
10. Relationship with Shopify
Elymentica 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 Elymentica.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Elymentica, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Elymentica.
11. Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here: Shopify Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you.
Review our Privacy Policy for more details on how we, Shopify and our partners use your personal information.
12. Feedback
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that:
- you own or have all necessary rights to all Feedback;
- you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
- your Feedback will comply with these Terms.
We are, and shall be, under no obligation:
- to maintain your Feedback in confidence;
- to pay compensation for your Feedback; or
- to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, 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, trade mark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous 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 take no responsibility and assume no liability for any Feedback posted by you or any third party.
13. Errors, Inaccuracies and Omissions
Occasionally there may be information on or in the Services 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 is inaccurate at any time, without prior notice (including after you have submitted your order).
14. Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
a. for any unlawful or malicious purpose;
b. to violate any international, national, regional or local regulations, rules, laws or 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 or intimidate any of our employees or any other person;
e. to transmit false or misleading information;
f. to send, knowingly receive, upload, download, use or re-use 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 Services, or which, as determined by us, may harm Elymentica, Shopify or users of the Services, or expose them to liability.
In addition, 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. spam, phish, pharm, pretext, spider, crawl or scrape; 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 determine that you have violated any part of these Terms.
15. Termination
We may terminate this agreement or your access to the Services (or any part thereof) in 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 will continue to apply following 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 provisions that by their nature should survive termination.
16. Limitation of Liability
To the fullest extent permitted by law, in no case shall Elymentica, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and 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 any 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 via the Services, even if advised of their possibility.
17. Limitation of Liability
To the fullest extent permitted by law, in no case shall Elymentica, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and 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, loss of profits, loss of revenue, loss of 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 Services;
- any products procured using the Services; or
- 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 via the Services, even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above limitations may not apply to you.
18. Indemnification
You agree to indemnify, defend and hold harmless Elymentica, Shopify, and our and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal costs (including solicitors’ fees), payable to any third party, due to or arising out of:
- your breach of these Terms of Service or of any documents they incorporate by reference;
- your violation of any law or of the rights of a third party; or
- your access to and use of the Services.
We will notify you of any claim in respect of which indemnity may be sought, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by such failure.
We may control the defence and settlement of any such claim at your expense, including choice of legal representation, but will not settle any claim requiring non-monetary obligations from you without your consent (such consent not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents and information reasonably requested by us.