Welcome to the eloracreativeart.com, The following Terms of Service ("TOS") contain the terms and conditions that govern your (also referred as User) use of the Web Site and eloracreativeart.com Service.
Elora Creative Art reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Elora Creative Art Web Site.
This TOS constitutes the entire and only agreement between us and you(user), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings.
Elora Creative Art uses other affiliated companies or third parties to provide certain products and services accessible through the Web Site. Elora Creative Art does not control those third parties or their services. Users agree that Elora Creative Art will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between Terms and Conditions, you must comply with Elora Creative Art TOS
Privacy Practices:
We recognize the critical importance of safeguarding your personal information, and to ensure your data is adequately protected, we have crafted a comprehensive Privacy Policy. In addition to these Terms of Use, the Privacy Policy governs your interactions with and usage of our website. By continuing to use our website, you signify that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You also provide consent for the Company to utilize your personal information in accordance with the terms and purposes specified in the Privacy Policy, which may be subject to periodic amendments at the sole discretion of the Company. Your privacy and data security are of paramount importance to us, and we are committed to upholding these principles.
Your Account:
This website is intended for use by adults only. We assume that any minors, if they access our website, do so under the supervision of their guardians. The Company and its affiliates do not knowingly collect information from minors. You are responsible for safeguarding the confidentiality of your account and password. It is your responsibility to restrict access to your computer. By accepting these terms, you acknowledge that the information you provide in any form is not confidential, proprietary, and does not infringe upon the rights of any third party.
If you access, browse, or use the website on behalf of someone else, you represent that you have the authority to bind that person to all the terms and conditions outlined herein. In case the individual refuses to be bound by these Terms of Use, you agree to accept liability for any harm resulting from their access or use of the website.
If you suspect that the security of your account has been compromised, please contact us immediately using the 'Contact Information' provided below. If we identify or suspect a security breach of your account, we may require you to change your password or temporarily or permanently block or suspend your account, without any liability to the Company.
We reserve the right to deny service and/or terminate accounts without prior notice if these Terms of Use are violated, or if we determine, at our sole discretion, that it is in the best interests of the Company to do so. You are solely responsible for all content you upload, post, email, or transmit through the website. The information provided to us will be handled in accordance with our Privacy Policy.
Product Information:
The Company strives to provide product descriptions on the website that are as accurate as possible. However, we cannot guarantee that the product descriptions, colors, information, or other content on the website are always completely accurate, reliable, current, or free from errors. The website may occasionally contain typographical errors or inaccuracies and may not always be up-to-date. Please be aware that the product images displayed on the website are indicative and may not precisely match the actual product.
The Company reserves the right to correct, modify, or update information, correct errors, inaccuracies, or omissions at any time, even after an order has been placed, without prior notice. It is important to note that such errors, inaccuracies, or omissions may also pertain to product pricing and availability. We are committed to ensuring the accuracy of our product information, and any necessary corrections or updates will be made promptly to provide you with the best possible shopping experience.
Pricing Information:
While the Company strives to provide accurate product and pricing information, errors may occasionally occur.
Please be aware that the Company cannot confirm the price of a product until you place an order. In accordance with the provisions outlined in Clause 7 (Cancellations, Refunds, and Returns) and without limiting its scope, if a product is listed with an incorrect price or incorrect information due to any technical error, the Company reserves the right, at its sole discretion, to either refuse or cancel any orders placed for that specific product, unless the product has already been delivered. In the event that an item is inaccurately priced, the Company may, at its discretion, choose to either contact you for further instructions or cancel your order, notifying you of the cancellation. Until the product you ordered has been delivered, your offer will not be considered accepted. The Company retains the right to modify the price of the product or service, and it will contact you for further instructions using the email address provided during registration or when placing the order. Alternatively, the Company may cancel the order and inform you of the cancellation. In cases where the Company accepts your order, the payment will be charged to your credit card or debit card account, and you will receive an email notification confirming the payment. It is important to note that the payment may be processed prior to the Company's dispatch of the product you have ordered. If, for any reason, we must cancel the order after processing the payment, the charged amount will be reversed to your credit or debit card account.
Prices and the availability of products offered on the website are subject to change without prior notice and at the sole discretion of the Company. The Company reserves the right to revise and discontinue any product or service at any time. In the event that the Company is unable to deliver the product to you in a timely manner or at all, you will receive notification via email, and your order will be automatically cancelled due to the unavailability of the product or, at your discretion, due to the failure to meet the expected delivery time by our delivery partners. In such cases, the Company shall not be held liable for any damages arising from the cancellation of the order or delivery delays.
Disclaimer of Warranty and Limitation of Liability:
The Site is provided on an "as is" basis. Neither we nor our holding company, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind, express or implied, in connection with these Terms and Conditions or the Site or any of its content. This includes, but is not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent that such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, neither we nor our holding company, subsidiaries, affiliates, partners, or licensors will be responsible or liable under any circumstances for any of the following:
(a) Interruption of business;
(b) Access delays or access interruptions to the Site;
(c) Data non-delivery, loss, theft, mis delivery, corruption, destruction, or other modification;
(d) Loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Site;
(e) Viruses, system failures, or malfunctions that may occur in connection with your use of the Site, including during hyperlinking to or from third-party websites;
(f) Any inaccuracies or omissions in content; or
(g) Events beyond the reasonable control of the Company.
We make no representations or warranties that defects or errors will be corrected.
Furthermore, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Site or your use thereof, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed [insert maximum aggregate liability].
You agree that no claims or actions arising from the use of the Site or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the Site, termination of your use of the Site is your sole remedy. We have no other obligation, liability, or responsibility to you.
This disclaimer constitutes an essential part of these Terms of Use.
Termination:
These Terms of Use remain effective unless terminated by either you or the Company.
You have the option to terminate the Terms of Use at any time, provided that you cease all further use of this Site. The Company reserves the right to terminate the Terms of Use at any time, without notice, and may deny you access to the Site as a result. Such termination will be carried out without any liability on the part of the Site.
Upon termination of the Terms of Use by either you or the Company, you are obligated to promptly destroy all materials downloaded or obtained from this Site, along with all copies of such materials, whether created under the Terms of Use or otherwise. Termination of the Terms of Use does not nullify your obligation to pay for products already ordered from the Site or affect any liabilities that may have arisen under the Terms of Use.
Color Issues:
At Elora Creative Art, we utilize standard industry software for designing and printing purposes. While we strive for accuracy, we do not provide a guarantee for exact color matching in our prints. Please be aware that slight color variations may occur, and these should be deemed acceptable. Such variations will not be considered a production mistake and are not eligible for a refund, return, or reproduction of the product.
We exercise our best judgment to match colors, but if precise color matching is crucial for your needs, we strongly recommend ordering a sample product beforehand to ensure it meets your expectations.
Entire Agreement:
If any portion of these Terms of Use is found to be invalid or unenforceable under applicable law, including, but not limited to, the disclaimers of warranties and limitations of liability set forth above, the invalid or unenforceable provision will be replaced by a valid and enforceable provision that best aligns with the original intent. The remaining provisions of these Terms of Use shall remain in full force and effect.
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Company regarding the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
The Company's failure to act in response to a breach by you or others does not waive its right to take action in response to that breach or to subsequent breaches of a similar nature.
Governing Law and Jurisdiction:
These Terms of Use and the associated Policies shall be interpreted in accordance with the applicable laws of India. For any legal proceedings arising from these terms, the exclusive jurisdiction shall lie with the Courts in JODHPUR.
In the event of a dispute or difference, whether related to the interpretation of these Terms of Use or any other Policies on the Site, between the parties involved, such dispute shall be referred to an independent arbitrator mutually agreed upon by both parties. The decision of the arbitrator shall be final and binding on all parties. The arbitration proceedings shall be held in JODHPUR, serving as the seat and venue for such arbitration
General:
You acknowledge and agree that these Terms and Conditions constitute the entire and exclusive agreement between you and us regarding your use of the Site, and they supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, at our sole discretion, to change, alter, or modify these Terms and Conditions at any time by posting the changes on the Site. Such changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your agreement to the modified Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You must comply immediately with any termination or other notice, including, if applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture, or other form of joint enterprise between us. Our failure to enforce any provision of these Terms and Conditions shall not affect our right to require such performance at any time in the future, nor shall our waiver of a breach of any provision be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions is found to be unenforceable or invalid under applicable law or by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Instead, these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in these Terms and Conditions are for convenience only and shall not be used in their interpretation.