Algemene voorwaarden
Welcome to ellaviah.
This website and online store are operated by HONG KONG NAVIA TECHNOLOGY CO., LIMITED, trading as ellaviah.
In these Terms of Service, the terms "ellaviah", "we", "us", and "our" refer to HONG KONG NAVIA TECHNOLOGY CO., LIMITED in its capacity as the operator and seller through this online store.
These Terms of Service, together with any policies or terms referenced herein (collectively, the "Terms"), govern your access to and use of this website, our online store, and the related information, content, features, tools, products, and services made available through them (collectively, the "Services").
The Services are powered by Shopify, which provides the technology platform used to operate this online store.
Please read these Terms carefully before accessing or using the Services. By accessing, browsing, interacting with, or purchasing through the Services, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.
SECTION 1 - ACCESS AND ACCOUNT
You may use the Services only if you have the legal capacity to enter into a binding agreement under the laws applicable to you.
If you create or use an account through the Services, you are responsible for maintaining the confidentiality and security of your account credentials and for activities conducted through your account.
You agree to provide accurate, current, and complete information when using the Services, placing an order, or communicating with us.
This may include your name, email address, billing information, payment information, telephone number, and delivery address.
You must not transfer, sell, assign, or allow unauthorized use of your account. Please contact us promptly if you believe that your account or credentials have been used without authorization.
SECTION 2 - PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to provide clear and accurate product descriptions, images, ingredient information, serving guidance, quantities, and other relevant information through the Services.
Product colours and visual appearance may vary slightly depending on your device, screen settings, lighting conditions, photography, packaging production variations, or other display conditions.
Product packaging may be updated from time to time. Where packaging changes occur, we will make reasonable efforts to keep material product information accurate.
Product availability, packaging, quantities, and other product information may change from time to time.
We reserve the right to discontinue products and, where reasonably necessary, to limit quantities or availability in particular countries, regions, or jurisdictions.
Nothing in this section limits any mandatory statutory rights or remedies available to consumers under applicable law.
SECTION 3 - ORDERS AND ORDER ACCEPTANCE
By placing an order through the Services, you are making an offer to purchase the selected products subject to these Terms and the information displayed during checkout.
We reserve the right to decline or cancel an order for legitimate reasons, including:
- product unavailability;
- payment authorization or processing problems;
- suspected fraud or unauthorized transactions;
- obvious pricing or product information errors;
- shipping restrictions;
- regulatory or legal restrictions; or
- other reasonable operational or legal grounds.
An automated order acknowledgement or payment authorization does not necessarily mean that an order has been finally accepted.
An order is accepted when we expressly confirm acceptance or confirm that the order has been dispatched, unless otherwise clearly stated during the ordering process.
If we are unable to accept or fulfil an order after payment has been taken, we will arrange an appropriate refund.
Please review your order carefully before submitting it. If you need to request a cancellation or modification, please contact us as soon as possible.
Once an order has entered fulfilment or has been dispatched, we may be unable to stop or modify the shipment. Any available cancellation or return rights will then be handled in accordance with our Refund Policy and applicable law.
Unless otherwise expressly agreed, products purchased through this online store are intended for personal or household use and not for unauthorized commercial resale.
SECTION 4 - PRICES, TAXES AND PAYMENT
Product prices, discounts, and promotions may change from time to time.
The price applicable to your order will be the price displayed and applicable when you complete the purchase, subject to the correction of genuine and obvious errors where permitted by applicable law.
The final amount payable will be displayed during checkout before you complete your purchase.
Applicable taxes collected by us, shipping charges, discounts, and other payable amounts will be displayed or otherwise disclosed before payment where required by applicable law.
International shipments may be subject to customs duties, import taxes, or other charges imposed by the destination country or local authorities.
Where such charges are not collected by us at checkout, they may be assessed separately in accordance with local laws and applicable delivery arrangements. For more information, please review our Shipping Policy.
Where the store supports multiple currencies, prices displayed in different currencies may vary due to currency conversion, rounding, market pricing, tax treatment, or payment processing arrangements. The final amount displayed at checkout will apply to the transaction.
You agree to provide accurate and complete billing and payment information and represent that you are authorized to use the payment method selected for the purchase.
SECTION 5 - SHIPPING AND DELIVERY
Order processing times, available shipping methods, tracking information, and estimated delivery times are described in our Shipping Policy.
Delivery times are estimates unless expressly stated otherwise. We will make reasonable efforts to process and deliver orders in accordance with the information provided at the time of purchase.
International orders may experience additional delays due to customs processing, carrier disruptions, severe weather, local delivery conditions, public holidays, or other circumstances outside our reasonable control.
Where a shipment is delayed, lost, damaged, or marked as delivered but cannot be located, please contact us so that we can review the available tracking information and provide reasonable assistance.
Risk of loss or damage remains with us until you, or a person identified by you other than the carrier, takes physical possession of the goods, except where otherwise provided by applicable law or where you independently appoint a carrier that was not offered or arranged by us.
Nothing in this section limits any mandatory consumer rights or remedies available under applicable law.
SECTION 6 - RETURNS, EXCHANGES, CANCELLATIONS AND REFUNDS
Returns, exchanges, order cancellations, damaged or defective products, and refunds are handled in accordance with our Refund Policy.
Our voluntary return policy is provided in addition to any mandatory consumer rights or remedies that may apply to your transaction.
Eligibility requirements or time limits applying to voluntary change-of-mind returns do not exclude or restrict rights that cannot lawfully be excluded, including rights that may apply to defective, damaged, incorrect, unsafe, or non-conforming products.
Please contact support@ellaviah.com before returning an item.
The applicable return address and return instructions will be provided after a return request has been reviewed and accepted.
SECTION 7 - INTELLECTUAL PROPERTY
The Services and their contents, including text, graphics, images, videos, audio, website design, layout, software elements, product presentation, and other materials, may be owned by us, our affiliates, licensors, or other applicable rights holders.
The ellaviah name, logos, product names, designs, slogans, packaging elements, and related brand materials are trademarks or other intellectual property of their respective rights holders.
The operation of this online store does not transfer any ownership, licence, or other intellectual property rights to users except where expressly stated.
You may access and use the Services for personal and lawful purposes.
Except where permitted by applicable law or authorized by the relevant rights holder, you must not reproduce, distribute, modify, republish, commercially exploit, publicly display, publicly perform, download, store, transmit, or create derivative works from protected content available through the Services.
Nothing in these Terms grants you any licence or other right under any patent, trademark, copyright, design right, database right, or other intellectual property belonging to us, our affiliates, licensors, Shopify, or any other third party.
Shopify's name, logos, product names, service names, designs, and related materials remain the intellectual property of Shopify or its applicable rights holders.
SECTION 8 - THIRD-PARTY SERVICES AND LINKS
The Services may include tools, payment services, applications, embedded functionality, content, or links provided by third parties.
We may not control the operation, availability, content, or independent business practices of third-party websites or services.
Your independent use of third-party websites or services may be subject to the terms, privacy policies, and other rules of the relevant third party.
You should review the applicable terms and policies before entering into a separate transaction with a third party.
To the extent permitted by applicable law, we are not responsible for losses arising solely from third-party services, products, resources, or content that are not provided or controlled by us.
This section does not affect responsibility that cannot lawfully be excluded or responsibility for services that we are legally required to provide as part of our contract with you.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
The ellaviah online store is powered by Shopify, which provides technology and services used to host and operate the online store.
Products purchased directly through this online store are sold by HONG KONG NAVIA TECHNOLOGY CO., LIMITED, trading as ellaviah.
Shopify provides the e-commerce platform and related services but is not the seller responsible for fulfilling our obligations relating to products sold directly by us through this online store.
To the fullest extent permitted by applicable law, Shopify and its affiliates are not responsible for claims or liabilities arising solely from products sold by us or from our performance of the sales contract with you.
SECTION 10 - PRIVACY AND PERSONAL INFORMATION
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Certain personal information may also be processed by Shopify in connection with the provision, security, operation, and improvement of its platform and related services.
Information about Shopify's relevant privacy practices is available in the Shopify Privacy Policy.
Information submitted through the Services may also be processed by payment service providers, logistics providers, technology providers, customer service providers, and other service partners where necessary for legitimate business purposes and subject to applicable data protection requirements.
Please review our Privacy Policy for more information about how personal information is collected, used, shared, stored, and protected.
SECTION 11 - FEEDBACK AND REVIEWS
You may submit reviews, comments, suggestions, ideas, feedback, or other content through the Services or by communicating with us (collectively, "Feedback").
You represent that you own or have the necessary rights to submit the Feedback and that your submission does not infringe the rights of another person or violate applicable law.
To the extent permitted by applicable law, by voluntarily submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, adapt, publish, distribute, display, and otherwise use that Feedback for purposes connected with operating, improving, and promoting the Services.
Where required by law, you must disclose material compensation, discounts, incentives, or other benefits received in connection with a review or endorsement.
We may moderate, edit, decline to publish, or remove Feedback where we reasonably believe it is unlawful, fraudulent, abusive, defamatory, threatening, misleading, infringes third-party rights, contains malicious code, or otherwise violates these Terms.
You remain responsible for the Feedback that you submit and for its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND AVAILABILITY
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, availability, shipping charges, or estimated delivery times.
Where permitted by applicable law, we may correct errors, update information, or change availability information.
Where a genuine and obvious error affects an order that has already been placed, we will handle the matter in accordance with applicable law and, where appropriate, contact you regarding available options.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
- for unlawful, fraudulent, deceptive, or malicious purposes;
- to violate applicable laws or regulations;
- to infringe intellectual property, privacy, or other legal rights;
- to harass, threaten, abuse, defame, or unlawfully harm another person;
- to submit fraudulent or materially misleading information;
- to distribute viruses, malicious code, or harmful technology;
- to engage in phishing, pharming, pretexting, spamming, or similar deceptive conduct;
- to unlawfully collect, scrape, extract, or track information about others;
- to interfere with the security or normal operation of the Services;
- to unlawfully circumvent authentication, authorization, access control, or security measures; or
- to impersonate another person, organization, or entity.
Automated access, scraping, data extraction, bots, agents, or similar tools must not be used in a manner that violates applicable law, these Terms, or reasonable technical restrictions used to protect the Services.
We may suspend or restrict access where we reasonably determine that a material violation of these Terms, fraud, unlawful conduct, or a significant security risk has occurred.
SECTION 14 - TERMINATION
We may suspend or terminate access to all or part of the Services where permitted by applicable law, including where a user materially breaches these Terms, engages in fraud or unlawful conduct, misuses the Services, or creates a significant security risk.
Termination or suspension of access does not affect rights, liabilities, payment obligations, refund rights, or other obligations that arose before the effective date of termination.
Provisions that by their nature are intended to continue after termination will remain effective, including provisions concerning intellectual property, Feedback, liability, indemnification, severability, governing law, and accrued rights and obligations.
SECTION 15 - DISCLAIMER OF WARRANTIES
We make reasonable efforts to maintain accurate and current information through the Services.
However, general website content may not always be complete, uninterrupted, error-free, or suitable for every individual purpose.
Product information available on the website should be read together with the relevant product label, packaging, directions, warnings, and other information supplied with the product.
To the fullest extent permitted by applicable law, and except for warranties, guarantees, representations, rights, or remedies that cannot lawfully be excluded, the Services are provided on an "as is" and "as available" basis.
We do not guarantee that access to the Services will always be uninterrupted, secure, timely, or error-free.
Nothing in these Terms excludes or limits warranties, guarantees, remedies, or consumer protections that cannot lawfully be excluded or limited.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, HONG KONG NAVIA TECHNOLOGY CO., LIMITED and its applicable affiliates, directors, officers, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, or consequential losses that were not reasonably foreseeable.
We are not responsible for losses caused solely by circumstances outside our reasonable control, except where applicable law provides otherwise.
Where liability cannot lawfully be excluded, liability will be limited only to the extent permitted by applicable law.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
Nothing in these Terms excludes or restricts mandatory consumer rights, guarantees, remedies, or protections available under applicable law.
SECTION 17 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless HONG KONG NAVIA TECHNOLOGY CO., LIMITED and its applicable affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, or liabilities arising directly from:
- your material breach of these Terms;
- your unlawful infringement of another person's rights; or
- your fraudulent, malicious, or unlawful use of the Services.
Any obligation under this section applies only to the extent permitted by applicable law.
Where reasonably practicable, we will provide notice of a relevant claim and reasonable cooperation in connection with its defence.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found by a competent authority to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or, where necessary, severed from these Terms.
The remaining provisions will continue in effect to the extent permitted by law.
SECTION 19 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.
These Terms, together with the policies and other terms expressly incorporated by reference, constitute the agreement between you and us concerning your use of the Services and transactions made through the online store, except where applicable law provides otherwise.
Nothing in this section excludes representations, obligations, or consumer rights that cannot lawfully be excluded.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.
We may assign or transfer our rights and obligations under these Terms as part of a legitimate business restructuring, merger, acquisition, sale, transfer of business, or similar transaction, provided that such transfer does not reduce mandatory consumer rights available under applicable law.
SECTION 21 - GOVERNING LAW AND JURISDICTION
These Terms and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
The courts of the Hong Kong Special Administrative Region shall have non-exclusive jurisdiction over disputes arising from or relating to these Terms.
Nothing in this section limits mandatory consumer protections, choice-of-law rights, or jurisdictional rights available to consumers under applicable law.
SECTION 22 - CHANGES TO THESE TERMS
You can review the current version of these Terms of Service on this page.
We may update these Terms from time to time to reflect changes to the Services, our business operations, legal requirements, or other relevant circumstances.
Updated Terms will be published on this website. Where required by applicable law, we will provide additional notice of material changes and indicate when those changes take effect.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
Changes to these Terms do not unlawfully reduce rights that have already accrued in connection with completed transactions.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
HONG KONG NAVIA TECHNOLOGY CO., LIMITED
Trading as: ellaviah
Business Address:
UNIT 05, 12/F, THE CLOUD,
NO. 111 TUNG CHAU ST,
TAI KOK TSUI, KOWLOON,
HONG KONG SAR
Email:
support@ellaviah.com
Business Phone Number:
+86 131 2826 9141
Business Registration Number (BRN):
80623369