Termini e condizioni del servizio

OVERVIEW

This website is owned and operated by Elegelli, a company incorporated under French law. Throughout the site, the terms “we,” “us,” “our,” and “Elegelli” refer to the operator of the platform and all associated business entities or affiliates. By accessing or using this website, including all associated content, functionalities, services, and online store (collectively referred to as the “Service”), you acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Service (“Terms”) in full, without modification or exception.

These Terms constitute a legally binding agreement between you and Elegelli and apply to all users of the site, including without limitation visitors, browsers, vendors, customers, merchants, partners, and contributors of content. If you do not accept all of the terms and conditions set forth herein, you must immediately cease using this site and may not access or use any part of the Service.

By visiting our site and/or purchasing any product or service from us, you are engaging in our Service and expressly agree to comply with and be legally bound by these Terms, our Privacy Policy, Cookie Policy, Return and Refund Policy, and any other policies and legal notices published on this website or referenced via hyperlink.

We reserve the right to amend or update these Terms at any time at our sole discretion. All changes shall be effective immediately upon posting on the website. It is your responsibility to regularly review the current version of the Terms. Your continued use of the website following the posting of any changes constitutes acceptance of those modifications.

Any new features, functionalities, services, or tools that are added to the current platform shall also be subject to these Terms of Service. We are under no obligation to notify you individually of changes; general publication on this website shall be deemed sufficient notice.

Our store is hosted on Shopify Inc., an independent third-party service provider. Shopify provides us with the e-commerce infrastructure necessary to offer and sell our products and services. By using our Service, you also agree to comply with any applicable terms of use and policies of Shopify Inc., to the extent they apply to your experience on our website.

International Users: Elegelli is a business registered and operating under French law. While we welcome users from other jurisdictions, you agree that your access to and use of this website is governed exclusively by the laws of France, without regard to conflict of law principles. If you are accessing the Service from a location outside France or the European Union, it is your responsibility to ensure that such access and use comply with your local laws. Elegelli makes no representations that the website or any of its content is appropriate or legally permissible for use outside France.

No Waiver of Rights: No failure or delay by us in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof.

Language and Interpretation: These Terms are written in English for convenience and international accessibility, but the official version applicable under French law may be maintained in French. In case of interpretation conflicts, the French version shall prevail.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you expressly represent and warrant that:

You are of legal age in your country, state, or province of residence to form a binding contract with us. In France and the European Union, this means that you are at least 18 years old, or that you have reached the legal age of majority applicable in your jurisdiction.
If you are not of legal age, you may only use this website under the supervision and with the explicit consent of a parent or legal guardian, who shall be deemed the responsible party for any actions or transactions conducted on the site.

You further agree and acknowledge that:

You will not use any product, service, or functionality made available by Elegelli for any unlawful, harmful, fraudulent, or unauthorized purpose, whether under French, EU, or international law.
You are solely responsible for ensuring that your use of the Service complies with all applicable local, national, and international laws, rules, and regulations, including, but not limited to, intellectual property, consumer protection, health and safety, trade regulations, customs compliance, and digital commerce laws.

Specifically, you are prohibited from:

Using any products or services sold by Elegelli for purposes that are illegal, unsafe, or contrary to public order or morality.
Violating any third-party rights, including but not limited to copyright, trademark, patent, design rights, trade secrets, or right of publicity.
Transmitting or disseminating any software viruses, worms, malware, spyware, Trojan horses, ransomware, or any code, file, or program designed to interfere with, damage, or limit the normal operation of the website, any other software, hardware, or telecommunications equipment.
Attempting to gain unauthorized access to our systems, servers, databases, or user accounts.
Engaging in activities that may compromise the integrity, performance, availability, or security of our website or services.

Any violation of these Terms constitutes a material breach of contract and may result, at our sole discretion, in the immediate suspension or permanent termination of your access to our services, without prior notice, compensation, or liability to you.

We further reserve the right to report any illegal activity to the relevant public authorities and may cooperate fully with law enforcement agencies or regulators in the event of an investigation, including by disclosing your identity, usage history, and account information if required by law.

You acknowledge and agree that Elegelli shall not be held liable for any damages or consequences arising from your failure to comply with this section. All legal consequences arising from your use of our Service in violation of these Terms shall remain solely your responsibility.

SECTION 2 - GENERAL CONDITIONS

We reserve the absolute right, at our sole discretion and without prior notice, to refuse access to our services or deny transactions to any individual, entity, or group, for any lawful reason. This includes, but is not limited to, cases involving suspected fraud, abuse of the Service, violation of these Terms, reputational risk, or non-compliance with applicable laws or regulations. We are under no obligation to justify or disclose the reason for such refusal.

1. Transmission of Data

You acknowledge and agree that your content, communications, and data (excluding payment card data) may be:

Transmitted without encryption across various public or private networks.
Modified to conform and adapt to the technical requirements of connected networks or devices.
While we take commercially reasonable steps to protect user data, you understand that online transmissions are never completely secure and you accept the inherent risks involved in transmitting data via the internet.

All payment-related information, such as credit card numbers or bank details, is processed securely and encrypted in compliance with PCI DSS (Payment Card Industry Data Security Standard) and through third-party payment gateways. Elegelli does not store or retain credit card information on its servers.

2. Restrictions on Use of the Service

You expressly agree that you will not, under any circumstances:

Reproduce, duplicate, copy, sell, resell, sublicense, redistribute, or exploit any part of the Service, its functionalities, its content, or any contact or relationship facilitated through the Service, without our prior express written consent.
Circumvent or disable any access control mechanism or security feature implemented on the site.
Interfere with or disrupt the functionality of the site, or any network connected to it.

Unauthorized commercial use of the Service or any resale of our products, software, branding, digital assets, or documentation, whether in part or in whole, is strictly prohibited and will be subject to legal action.

3. No Waiver by Headings

The section titles and headings contained in this Agreement are provided for convenience and readability only. They shall not be used to interpret or limit the scope or meaning of any provision herein, nor do they have any contractual or legal effect.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While we strive to ensure that all information presented on this website is accurate, up to date, and complete, Elegelli makes no representations, warranties, or guarantees, express or implied, as to the accuracy, reliability, completeness, or timeliness of the content made available on this site. All materials, product descriptions, offers, prices, and other content are provided “as is” and “as available” for general informational purposes only.

1. No Reliance on Information

The content provided on this website, including but not limited to product descriptions, promotional content, and blog articles, must not be relied upon as the sole basis for making purchasing or business decisions. You are solely responsible for verifying any critical information through direct communication with us or through the use of primary sources that are accurate, complete, and current. Any reliance you place on this site is made entirely at your own risk.

We accept no liability for:

Errors or omissions in product details or pricing.
Outdated content or promotional information.
Interpretations or actions taken by users based on information presented on the website.

2. Historical Content

This website may include historical information that is not current and is provided strictly for reference purposes. Historical content, by its nature, may no longer reflect the current status of our business, products, services, or pricing. We are under no obligation to update or remove such content and shall not be held liable for any decisions based on outdated materials.

3. Right to Modify Content

We reserve the unrestricted right, at any time and without prior notice, to modify, update, replace, or delete any part of the content on this website. This includes but is not limited to pricing, product availability, visual elements, and editorial materials.

We do not undertake any obligation to update any content or to notify users individually of changes. It is your sole responsibility to monitor changes to the website and to stay informed of current terms, product offerings, and policies.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

1. Changes to Product Pricing

All prices listed on our website are presented in euros (€), inclusive or exclusive of applicable taxes as clearly stated, and are subject to change at any time without prior notice, at our sole discretion. Pricing may vary depending on your geographic location, applicable tax rules, promotional activity, or currency fluctuations.

Elegelli reserves the right to modify the pricing of any product or service offered on the website, including shipping rates and applicable fees, at any time and for any reason. Such changes may take effect immediately upon publication on the site and will not apply retroactively to previous purchases.

We shall not be held liable to you or to any third party for any price changes, promotional adjustments, or discrepancies arising from such modifications.

2. Changes to the Service

We reserve the right, at any time and without prior notice, to:

Modify, suspend, or discontinue the Service, or any portion thereof, whether temporarily or permanently.
Add or remove products, features, content, tools, or services.
Restrict or block access to the Service, in whole or in part, for maintenance, updates, legal compliance, or internal policy reasons.

You acknowledge and agree that Elegelli shall not be liable to you or to any third party for:

Any modification or discontinuation of the Service.
Any partial or total suspension of product availability.
Any changes in functionality, pricing, shipping conditions, or promotional offers.

3. No Obligation to Maintain Continuity

Nothing in these Terms shall be interpreted as creating an obligation for Elegelli to continue offering any particular product, service, feature, or price point for any specific duration. Any discontinued product or service shall no longer be available for order, regardless of whether it was previously listed.

All modifications will be considered effective once published on this website, and it is your responsibility to consult this section regularly for updates.

SECTION 5 - PRODUCTS AND SERVICES

Certain products or services offered by Elegelli may be made available exclusively online through our website. These items may be offered in limited quantities, and all purchases are subject to availability and eligibility criteria, as well as our published Refund and Return Policy, which forms an integral part of these Terms of Service.

1. Product Presentation and Accuracy

We strive to display all product details, descriptions, visuals, colors, and other related information on our website as accurately as possible, using professional product photography and carefully prepared descriptions. However, due to limitations of digital displays and user devices, we cannot guarantee that:

The colors seen on your monitor, smartphone, or tablet will accurately reflect the actual product.
Product packaging received by you will exactly match the design or format shown on the website, as it may change without notice due to supply chain or branding updates.

By placing an order, you acknowledge that minor variations between the displayed product and the received product may occur and do not constitute grounds for a refund, return, or complaint, except where expressly provided by law.

2. Sales Restrictions and Geographic Limitations

Elegelli reserves the right, without obligation and at its sole discretion, to:

Refuse sales or limit order quantities to any individual, business, group, or geographic region, either temporarily or permanently.
Impose maximum purchase limits per order, per household, or per customer account, especially in the case of promotions, limited editions, or resale risk.
Restrict the delivery of products to specific countries or territories, in accordance with customs laws, logistical limitations, regulatory restrictions, or commercial policy.

We may exercise these rights on a case-by-case basis, and such limitations may be applied without prior notice.

3. Product Availability and Modifications

All product descriptions, prices, promotional offers, product formats, and availability are subject to change at any time, with or without notice, and entirely at our discretion.

Elegelli reserves the right to:

Discontinue any product or service at any time, even after it has been featured or promoted on the website.
Refuse orders that we suspect are made with intent to resell, manipulate stock, abuse discount codes, or disrupt our operations.

No product or service offering on this website shall be considered a legally binding offer where such offer is prohibited or restricted by law in your jurisdiction.

4. Disclaimer of Product Satisfaction

We do not provide any warranty or guarantee, express or implied, that:

The quality, performance, or suitability of any products or services will meet your personal expectations.
Errors or omissions related to products, content, pricing, availability, or delivery will always be corrected, although we strive to maintain the highest level of accuracy and service.

Any dissatisfaction with the product or service received must be addressed in accordance with our Refund Policy, and we disclaim all further liability except as required by applicable law.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

1. Order Verification and Rejection Rights

Elegelli reserves the full and unrestricted right to refuse, cancel, or limit any order, at any time and for any lawful reason, including after the order has been submitted and payment has been authorized. This right may be exercised at our sole discretion and without prior justification.

This includes, but is not limited to:

Limiting the number of units purchased per customer, household, business entity, IP address, billing method, or shipping destination.
Rejecting orders that appear suspicious, incomplete, potentially fraudulent, or intended for resale or distribution by unauthorized dealers.
Blocking duplicate or bulk orders that bypass quantity limitations or exploit discount systems.

In such cases, we may attempt to notify you using the contact information you provided at the time of ordering (email, billing address, or phone number). However, failure to reach you shall not affect our right to cancel the order.

2. Prohibition of Unauthorized Resellers

To protect the integrity of our brand, our supply chain, and our legitimate retail partners, we explicitly prohibit sales to resellers, dropshippers, distributors, or wholesale operators who have not received prior written authorization from Elegelli. Any order suspected of being placed for commercial resale purposes may be declined, delayed, or canceled without liability.

We also reserve the right to permanently restrict access to the website or services for any user found to be reselling, repackaging, or misrepresenting our products in any way.

3. Customer Responsibility for Account and Billing Information

As a user of this website, you agree to:

Provide true, complete, and accurate information when placing an order, including your name, billing address, shipping address, contact email, and valid payment method.
Keep your account details up to date, including billing addresses, phone numbers, and payment card expiration dates, to ensure successful order processing and delivery.
Promptly update any changes to your personal or payment information to avoid delays, cancellations, or failed transactions.

Elegelli shall not be liable for any delays, losses, or order failures caused by inaccurate or outdated information provided by the customer. In the event of a failed payment or delivery, we reserve the right to suspend or cancel the order until proper information is received.

4. Chargeback and Payment Dispute Policy

Initiating a chargeback or payment dispute through your financial institution without first contacting us to resolve the issue in good faith constitutes a breach of these Terms and may result in:

Temporary or permanent suspension of your account.
Denial of future purchases.
Reporting to fraud prevention agencies and payment processors.

We encourage you to contact us directly at contact@elegelli.com before taking any such action.

For full information on returns, refunds, and exchanges, please refer to our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

From time to time, Elegelli may provide you with access to third-party software, plug-ins, extensions, widgets, APIs, or platforms (collectively referred to as “third-party tools”) directly or indirectly accessible via our website. These tools may be provided for informational, utility, convenience, or integration purposes but are not developed, owned, operated, or maintained by Elegelli.

1. No Monitoring, No Liability

You expressly acknowledge and agree that:

Elegelli does not monitor, audit, modify, or influence any functionality, performance, terms of use, or outcomes related to these third-party tools.
We do not provide any warranty, guarantee, or support for such tools, nor do we make any express or implied representations regarding their reliability, security, availability, or fitness for your intended purpose.
Your access to or use of any such tools is provided strictly “as is” and “as available”, without any warranties, express or implied, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose.

Elegelli shall not be held liable for:

Any direct, indirect, incidental, punitive, or consequential damages arising out of or relating to your use or misuse of third-party tools.
Any loss of data, system damage, security breaches, financial loss, or operational disruption caused by such tools.
Any contractual or legal obligations resulting from your use of tools that are governed by external third-party terms.

2. User Responsibility and Due Diligence

Your use of any optional tool is entirely at your own risk and discretion. It is your responsibility to:

Evaluate the risks associated with any third-party integration.
Ensure that you understand, accept, and comply with the terms, privacy policies, and practices of the relevant third-party provider.
Use such tools in accordance with all applicable laws and regulations, particularly regarding data protection and digital security.

We strongly recommend that you consult the legal terms and documentation of each third-party provider before enabling or relying on any such tools.

3. Future Services and Features

We may, in the future, offer new services, enhancements, features, or integrations through our website, including additional third-party tools or technologies. Unless explicitly stated otherwise, all such future offerings shall be:

Deemed part of the overall Service.
Governed by these Terms of Service and any applicable supplemental policies or legal disclaimers.

Your continued use of such new offerings will constitute your acceptance of the associated terms and any risks they may involve.

SECTION 8 - THIRD-PARTY LINKS

Our website may include content, products, services, promotional materials, or tools that originate from or are operated by third parties (“third-party content”). Additionally, this website may contain hyperlinks, banners, plug-ins, or redirections that take you to third-party websites not operated or controlled by Elegelli (“third-party websites”).

1. No Affiliation or Endorsement

The inclusion of any third-party links on our website does not imply endorsement, affiliation, partnership, or sponsorship by Elegelli unless explicitly stated. These links are provided solely for your convenience and informational purposes. You acknowledge that:

We do not monitor, review, or control the content, policies, or business practices of these external websites.
We do not warrant or guarantee the legality, accuracy, completeness, availability, or security of any content, product, or service available on third-party websites.
We shall not be held liable for any claims, damages, or losses incurred as a result of your use of or reliance on third-party websites or the content therein.

2. User Responsibility for Third-Party Interactions

If you choose to click on any external link or interact with any third-party website:

You do so entirely at your own risk.
You are responsible for reading and understanding the applicable terms of use, privacy policies, refund policies, and legal notices of those websites before engaging in any interaction or transaction.
Elegelli assumes no responsibility for any disputes, failed transactions, breaches of contract, damages, or losses arising from your use of third-party websites or services.

Any complaint, claim, refund request, or customer service issue related to third-party content or purchases must be addressed directly to the third-party provider. We do not act as an intermediary or guarantor in such cases.

3. Compliance with Local Laws

Third-party websites may be subject to different legal systems, data handling standards, and consumer protection laws. By accessing a third-party link, you accept full responsibility for ensuring that your use of such external services complies with all applicable laws and regulations in your jurisdiction.

We strongly recommend that you exercise caution when leaving our platform and verify the credibility and security of any third-party service before providing personal or payment information.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

From time to time, Elegelli may invite you to submit ideas, content, testimonials, reviews, suggestions, proposals, plans, product feedback, business strategies, visual content, or other creative materials, either in response to a direct request (such as contests or campaigns) or voluntarily, via online forms, email, postal mail, or any other channel (collectively referred to as “Submissions” or “User Content”).

By submitting any such material to Elegelli, whether solicited or unsolicited, you expressly agree to the following terms:

1. Grant of Rights

You grant Elegelli a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable, and non-exclusive license to use, copy, reproduce, modify, edit, publish, translate, distribute, display, store, and otherwise exploit the User Content in any format or medium, for any lawful commercial or non-commercial purpose, without limitation or further notice.

This includes the right to:

Adapt the content for marketing or promotional use on social media, advertising, or packaging.
Attribute or not attribute authorship, at our discretion.
Translate or alter the content for clarity, accuracy, or branding consistency.

You acknowledge that you are not entitled to any compensation, royalties, or attribution for any use of your User Content by Elegelli or its partners.

2. No Obligation to Use or Maintain

Elegelli is under **no obligation to:

Maintain any submissions in confidence.
Respond to any submission.
Provide credit, recognition, or compensation for any ideas or materials submitted.**

We may, at our sole discretion, delete, ignore, or archive any submission without notice or liability.

3. Content Responsibility and Legal Compliance

You agree that any User Content you submit will:

Be your original work or you must have full legal rights to submit it.
Not infringe any third-party rights, including copyrights, trademarks, privacy rights, moral rights, personality rights, or other proprietary or intellectual property rights.
Not contain any unlawful, threatening, libelous, defamatory, obscene, vulgar, discriminatory, or abusive content that could violate any law or harm the reputation of Elegelli or others.
Not include any malicious code, software virus, Trojan horse, spyware, or other program designed to interrupt, harm, or compromise the functionality of the Service or any related system.

You also agree not to impersonate another person or use a false email address or misleading identity in connection with any User Content submission. You remain solely and fully responsible for the accuracy, legality, and consequences of your submissions.

4. Monitoring and Moderation

While we reserve the right (but not the obligation) to monitor, moderate, edit, or remove any User Content submitted to our platforms or social media accounts, we do so solely at our discretion and without any obligation to perform such actions systematically.

We assume no liability or responsibility for any User Content posted by you or by third parties. However, if we believe in good faith that your content violates any law or these Terms, we may remove it and take any legal or technical measures deemed necessary.

SECTION 10 - PERSONAL INFORMATION

The collection, use, processing, and storage of any personal information you provide to us through this website, including but not limited to when placing an order, subscribing to a newsletter, creating an account, or contacting our support team, is strictly governed by our Privacy Policy, in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the French Data Protection Act (Loi Informatique et Libertés), and any other applicable data protection laws.

By submitting your personal data through any part of our online store or related services, you expressly acknowledge and agree that:

1. Your Consent

You provide freely given, specific, informed, and unambiguous consent for Elegelli to collect and process your data for the purposes outlined in our Privacy Policy. These purposes include, but are not limited to:

Processing and fulfilling your orders.
Managing your user account and communication preferences.
Responding to customer service inquiries.
Improving our services and customizing your user experience.
Ensuring legal compliance (e.g. invoicing, fraud detection, and anti-money laundering obligations).

If required by law, you may be asked to confirm or renew your consent to specific types of processing (e.g. marketing emails, cookies, or third-party services).

2. Your Data Rights

As a data subject under the GDPR, you have the right to:

Access the personal data we hold about you.
Rectify inaccuracies or incomplete data.
Erase your data (right to be forgotten) under lawful conditions.
Restrict or object to certain types of data processing.
Port your data to another service provider in a structured, commonly used format.
Withdraw your consent at any time for non-essential data uses, such as marketing.

To exercise your rights, please contact us at contact@elegelli.com. We may request verification of your identity before processing your request.

3. Data Security and Storage

We implement reasonable technical and organizational safeguards to protect your personal data from unauthorized access, disclosure, alteration, or destruction. However, you understand that no internet transmission is ever fully secure, and you submit your information at your own risk.

Your data may be stored on secure servers within the European Union or in jurisdictions that provide an adequate level of data protection as recognized by the European Commission. When applicable, we rely on Standard Contractual Clauses or equivalent safeguards for international data transfers.

4. Privacy Policy Integration

Our Privacy Policy forms an integral part of these Terms of Service. It contains detailed information on:

Data categories collected.
Legal basis for processing.
Retention periods.
Third-party service providers and data recipients.
Use of cookies and analytics tools.
Your legal rights and complaint procedures.

You are strongly encouraged to read the full Privacy Policy before submitting any personal information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Despite our best efforts to ensure accuracy and clarity across all areas of the website and our communications, the information provided on this website or within the Service may occasionally contain typographical errors, inaccuracies, or omissions. These may relate, without limitation, to:

Product names or descriptions.
Technical specifications or ingredient lists.
Pricing or discount codes.
Availability or stock levels.
Shipping costs or estimated delivery times.
Promotional campaigns, bundle offers, or event dates.

1. Right to Correct and Cancel

We reserve the unrestricted right to:

Correct any errors, inaccuracies, or omissions at any time and without prior notice.
Update, modify, or clarify content where needed to maintain legal or commercial accuracy.
Cancel or refuse any order that is placed based on incorrect information, even after the order has been submitted, confirmed, or paid for.

This includes situations where pricing errors, inventory mistakes, or promotional miscommunications have occurred. We are not liable for any direct or indirect damages resulting from such errors or corrections.

If we cancel an order that has already been paid, we will fully refund the corresponding amount using the same method of payment originally used.

2. No Update Obligation

Elegelli undertakes no obligation to update, amend, or clarify any information on the website or within the Service, unless such updates are required by applicable law. The presence of an update date or refresh timestamp on any page or content shall not be interpreted as confirmation that all content on the website has been reviewed or modified.

You are responsible for verifying the current accuracy of any information before relying on it to make purchasing decisions or other actions. Any reliance on outdated, incorrect, or incomplete content is made entirely at your own risk.

3. Limitation of Liability

To the fullest extent permitted by law, Elegelli disclaims all liability for damages or losses arising from:

The use of erroneous or outdated information on the website.
Any decisions made or purchases placed in reliance on inaccurate or incomplete content.
Any canceled orders or changes to advertised prices or availability due to such errors.

We advise all customers to review their orders carefully and to contact our support team if in doubt before confirming a transaction.

SECTION 12 - PROHIBITED USES

In addition to all other restrictions described throughout these Terms of Service, you are strictly prohibited from using this website, the Service, or any associated content in any manner that is unlawful, abusive, deceptive, or harmful. The following activities are expressly forbidden:

A. Illegal or Unauthorized Activity

(a) Using the site or its content for any unlawful purpose, or in violation of any applicable local, national, or international laws, regulations, or directives.
(b) Soliciting others to perform or participate in any unlawful or unauthorized acts.
(c) Violating export control laws, e-commerce regulations, or consumer protection legislation.

B. Intellectual Property Infringement

(d) Infringing upon or violating the intellectual property rights of Elegelli, a registered trademark, including but not limited to its name, logo, product designs, digital assets, proprietary formulations, packaging, or any other brand elements.
(e) Misusing or reproducing Elegelli content, visual identity, website layout, or marketing materials without explicit written authorization.
(f) Infringing the intellectual property rights of any third party, including but not limited to copyrights, trademarks, patents, moral rights, and publicity rights.

C. Abuse, Harassment, and Discrimination

(g) Harassing, abusing, insulting, defaming, intimidating, threatening, or otherwise harming any individual or group.
(h) Engaging in hate speech or discriminatory behavior based on race, gender, religion, sexual orientation, age, national origin, disability, or any other protected class.

D. Security Violations and Technical Interference

(i) Uploading, transmitting, or distributing any form of malicious software, including viruses, malware, spyware, ransomware, or other harmful code that may damage or impair the Service or its users.
(j) Attempting to gain unauthorized access to any part of the website, including administrative panels, databases, or user accounts.
(k) Interfering with or bypassing the security, encryption, or access control features of the website or its underlying infrastructure.

E. Deceptive or Manipulative Conduct

(l) Submitting false or misleading information, including impersonation of individuals or entities.
(m) Collecting, harvesting, or tracking personal information of other users without lawful consent.
(n) Engaging in unauthorized data scraping, crawling, indexing, or data mining.
(o) Sending or facilitating spam, phishing attempts, fraudulent communications, or unsolicited commercial messages.

F. Obscene or Immoral Conduct

(p) Using the site or Service for any immoral, obscene, or sexually explicit activity or to promote such content.
(q) Uploading or distributing graphic or disturbing content not permitted by applicable law or community standards.

Enforcement and Termination

Any use of the website or Service in breach of this section may, at our sole discretion, result in the immediate suspension or permanent termination of your access, without prior notice, refund, or liability. We also reserve the right to take appropriate legal action, including civil claims or reporting to law enforcement authorities, for violations of criminal law or consumer protection regulations.

You acknowledge that Elegelli® is a registered trademark protected under intellectual property law, and any unauthorized use, imitation, or misappropriation of our brand may result in severe legal consequences, including injunctive relief and damages.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. No Guarantees or Warranties

While we strive to offer a high-quality and reliable Service, Elegelli makes no representations, guarantees, or warranties of any kind, express or implied, regarding the performance, availability, or results of use of the Service. Specifically, we do not guarantee that:

The Service will be uninterrupted, secure, timely, or free from errors, bugs, or technical issues.
Any information, results, or data obtained through the Service will be accurate, complete, or reliable.
Any technical issues will be corrected or resolved in any specific timeframe or at all.

You understand that access to the Service may be temporarily or permanently suspended, in whole or in part, at any time, without prior notice to carry out updates, maintenance, server migrations, or due to external factors beyond our control. Elegelli is under no obligation to continue supporting, updating, or maintaining the Service.

2. As-Is and As-Available Use

You expressly agree that your use of the Service, including all content, tools, products, and features made available through it, is provided to you strictly “as is” and “as available”, without any express or implied warranties or guarantees, including but not limited to:

Warranties of merchantability.
Merchantable or commercial quality.
Fitness for a particular purpose or outcome.
Title and ownership.
Non-infringement of third-party rights.
Compatibility with your equipment or environment.

3. Limitation of Liability

To the maximum extent permitted by law, Elegelli, its directors, officers, employees, affiliates, licensors, service providers, suppliers, and agents shall under no circumstances be held liable for any damages or losses of any kind, including but not limited to:

Direct, indirect, incidental, special, or consequential damages.
Lost profits, lost business opportunities, lost revenue, or lost savings.
Loss of data, loss of reputation, or cost of replacement products or services.
Injury, bodily harm, or property damage allegedly arising from product usage.
Damages arising from the inability to use the Service, including service interruptions, delays, or errors.
Damages based on contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

This limitation applies regardless of the legal basis of the claim and shall survive the termination of this agreement.

In jurisdictions that do not allow the exclusion or limitation of liability for certain types of damages (such as certain consumer rights in the EU), our liability shall be limited to the fullest extent permitted by applicable law. In all cases, Elegelli’s total aggregate liability shall not exceed the total amount you have paid to us, if any, in the three (3) months preceding the incident giving rise to the claim.

4. No Liability for User-Generated Content or Third Parties

We shall not be liable for:

Content posted, submitted, or uploaded by users or third parties.
Actions, products, or services of external vendors, platforms, or third-party tools linked to or integrated into our Service.

SECTION 14 - INDEMNIFICATION

You agree to fully indemnify, defend, and hold harmless Elegelli, a registered trademark, as well as its parent company, subsidiaries, affiliates, business partners, officers, directors, employees, agents, licensors, contractors, interns, service providers, subcontractors, and suppliers (collectively referred to as “Protected Parties”) from and against any and all claims, demands, legal actions, liabilities, losses, damages, judgments, penalties, fines, expenses, and costs (including reasonable legal and attorneys' fees) arising out of or related to:

A. Breach of Agreement

Your actual or alleged violation of these Terms of Service, any linked legal policies, or other contractual obligations binding you to Elegelli.

B. Violation of Law

Your violation of any applicable local, national, or international law, regulation, ordinance, or directive, including but not limited to consumer protection, data privacy, intellectual property, export controls, or online conduct laws.

C. Infringement or Misuse

Any infringement or alleged infringement by you of a third party’s intellectual property rights, publicity rights, privacy rights, or other proprietary rights.

D. User-Generated Content

Any content, material, or information submitted, uploaded, published, or otherwise transmitted by you through our website or platforms, including claims related to defamation, privacy breaches, false advertising, or deceptive practices.

E. Fraud or Misrepresentation

Any fraud, misrepresentation, or dishonest conduct by you or on your behalf while using the Service.

F. Unauthorized Access or Damage

Any unauthorized access to, use of, or interference with our systems, services, or users by you or through your account, whether intentional or negligent.

Defense Obligations and Cooperation

Elegelli reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully and promptly with Elegelli in asserting any available defenses and complying with all legal processes related to the claim.

You may not settle any matter without our prior written consent, particularly where such settlement may result in a financial obligation or reputational damage to Elegelli or its affiliates.

SECTION 15 - SEVERABILITY

If any provision, clause, or part of these Terms of Service is determined by a court of competent jurisdiction or a regulatory authority to be unlawful, invalid, or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law to reflect the original intent of the parties.

To the extent that enforcement is not legally possible, the offending portion shall be deemed automatically severed from these Terms, and such severance shall not affect the validity, legality, or enforceability of the remaining provisions. All unaffected sections shall continue in full force and effect as if the invalidated clause had never formed part of the agreement.

This severability clause shall apply broadly, including to:

Consumer rights claims.
Limitations of liability.
Jurisdiction or governing law clauses.
Indemnity provisions.
Disclaimers or waivers of warranties.

Under no circumstances shall the remainder of this agreement be rendered null or void due to the unenforceability of a single part, unless the entire purpose of the contract is frustrated by such invalidation.

SECTION 16 - TERMINATION

1. Survival of Obligations

All rights, duties, and obligations of the parties that, by their nature or context, are intended to survive termination shall remain fully enforceable even after this agreement is terminated. This includes, but is not limited to:

Payment obligations incurred prior to termination.
Indemnification clauses.
Limitations of liability.
Intellectual property rights.
Dispute resolution provisions.

Termination of this agreement shall not relieve either party of liability for any breach of contract, misuse of the Service, or outstanding financial obligation that occurred prior to the effective termination date.

2. Termination by the User

You may terminate these Terms of Service at any time by:

Notifying us in writing at contact@elegelli.com that you no longer wish to use the Service,
and
Ceasing all use of our website and any associated products, services, accounts, or tools.

Please note that terminating your access does not automatically result in the deletion of your personal data unless such deletion is separately requested and legally justified (see our Privacy Policy for more details).

3. Termination by Elegelli

We reserve the right to suspend, restrict, or permanently terminate your access to the Service (in whole or in part) and to this agreement, at any time and without prior notice, under the following conditions:

If we determine, in our sole discretion, that you have violated or breached any provision of these Terms or other applicable policies.
If we detect or suspect fraudulent, illegal, abusive, or unauthorized use of the Service.
If your behavior poses a security risk, legal risk, or commercial threat to Elegelli, our users, or our infrastructure.
If required by court order, legal authority, or regulatory obligation.

In the event of termination by us:

You remain fully responsible for all amounts due up to and including the date of termination.
We reserve the right to pursue legal action, damages, or injunctive relief in cases involving violations of intellectual property, fraud, defamation, or unlawful activity.

4. No Right to Access or Compensation After Termination

Upon termination, you shall lose all rights to access your account, order history, personal dashboard, or any personalized content. Elegelli shall have no obligation to retain or return any information or content, except where required by law.

No refund, credit, or compensation shall be due for unused services or digital assets, unless required under applicable consumer protection laws.

SECTION 17 - 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 and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service, as well as any separate agreements, transactions, contracts, or communications between you and Elegelli®, shall be governed by, interpreted under, and enforced in accordance with the laws of France, without regard to conflict of law principles.

This choice of law applies to:

All contractual rights and obligations.
Any dispute arising from or relating to your use of the website, Service, or any associated product or communication.
All pre-contractual, contractual, and post-contractual matters, including marketing, order processing, payment, returns, and customer service.

1. Jurisdiction and Venue

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Service, you agree that exclusive jurisdiction and venue shall lie with the competent courts of France, specifically the courts of Nice, unless another jurisdiction is required by mandatory legal provisions (e.g. consumer protection rules).

If you are a consumer residing within the European Union, this clause shall not deprive you of any rights you may have under Regulation (EU) No 1215/2012 (Brussels I Recast) or under your national consumer protection laws regarding applicable jurisdiction.

2. Language and Interpretation

These Terms are provided in English for clarity and international accessibility. In the event of legal proceedings or interpretation conflicts, the official version maintained in French shall prevail in any French court of law.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We reserve the unrestricted right, at our sole discretion and without prior notice, to revise, update, modify, or replace any part of these Terms of Service at any time. All modifications shall become legally binding upon publication on this website, unless otherwise stated.

We may update the Terms for reasons including, but not limited to:

Changes in the law or regulatory environment.
Updates to our business practices or product offerings.
The introduction of new features, tools, or services.
Corrections of errors, omissions, or clarifications of existing clauses.

Your continued access to or use of the website or our services after the publication of any changes constitutes your express and legally binding acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately stop using the website and all associated services.

It is your sole responsibility to review this page periodically to stay informed of the current version of the Terms. We recommend bookmarking the Terms of Service page and checking it upon each use of the site, especially prior to placing an order or submitting personal information.

SECTION 20 - CONTACT INFORMATION

If you have any questions, concerns, or inquiries about these Terms of Service, your rights, or your use of the website, you may contact us directly at:

Elegelli®
Legal Department
📧 contact@elegelli.com
🌐 https://www.elegelli.com

We aim to respond to all legally relevant inquiries within a reasonable timeframe. For matters involving user rights under GDPR, contract disputes, or formal legal notifications, we may request that communications be submitted in writing with verifiable identification and documentation.