Terms of service

Overview

Welcome to Elora Hayes! The terms "we", "us" and "our" refer to Elora Hayes. Elora Hayes 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"). Elora Hayes is powered by Shopify, which enables us to provide the Services to you.

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 Privacy Policy, you should not use or access our Services.

Section 1 – Access and Account

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

Section 2 – Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen. All descriptions of products are subject to change at any time without notice at our sole discretion.

Section 3 – Orders

When you place an order, you are making an offer to purchase. Elora Hayes reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Elora Hayes confirms acceptance. Subject to your non-excludable rights under Australian Consumer Law, your purchases are subject to return or exchange in accordance with our Refund Policy.

Section 4 – 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. Prices are displayed in AUD. Applicable taxes and unavoidable charges are included or clearly disclosed as required by Australian law. We offer free shipping within Australia under our Shipping Policy.

Section 5 – 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. Nothing in this section limits our obligations or your remedies under Australian Consumer Law for goods that are not delivered or are damaged in transit.

Section 6 – Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Elora Hayes, its affiliates or licensors and are protected by applicable intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only.

Section 7 – 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 nor input. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Section 8 – Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

Section 9 – Relationship with Shopify

Elora Hayes 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 Elora Hayes. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Elora Hayes.

Section 10 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy.

Section 11 – Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such content in any medium for any purpose.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or 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 access or use the Services for any unlawful or malicious purpose, to violate any applicable regulations, rules, or laws, to infringe upon or violate our intellectual property rights, or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Section 14 – Termination

We may terminate this agreement or your access to the Services 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.

Section 15 – Disclaimer of Warranties

Our goods come with guarantees that cannot be excluded under Australian Consumer Law. Nothing in these Terms, including any disclaimer, liability limitation or governing-law clause, excludes, restricts or modifies rights or remedies that cannot lawfully be excluded.

Except as expressly stated by Elora Hayes, the services and all products offered through the services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied. We do not guarantee, represent or warrant that your use of the services will be uninterrupted, timely, secure or error-free.

Section 16 – Limitation of Liability

To the fullest extent provided by law, in no case shall Elora Hayes, 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 arising from your use of any of the services or any products procured using the services.

Section 17 – Indemnification

You agree to indemnify, defend and hold harmless Elora Hayes, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

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.

Section 19 – Waiver; Entire Agreement

The failure of us 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 constitute the entire agreement and understanding between you and us and governs your use of the Service.

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 will be null and void.

Section 21 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services are subject to applicable law. Regardless of the law governing these Terms, your non-excludable rights under Australian Consumer Law remain unaffected.

Section 22 – Changes to Terms of Service

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Email: support@elorahayes.com
Phone: +61 485 853 808

Store name: Elora Hayes
Company name: ANANT LIMITED
Company Address: Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong
Company nr.: 76708800

Customer Service

Monday to Friday | 09:00 – 17:00 (AEST)
Saturday to Sunday | 11:00 – 16:00 (AEST)

We aim to respond to your inquiries within 24 hours.