Terms of Service
OVERVIEW
This website is operated by Eliza and Ethan BV. Throughout the site, the terms “we”, “us” and “our” refer to Eliza and Ethan BV. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional policies referenced herein and/or available by hyperlink.
SECTION 1 - GENERAL CONDITIONS & ACCOUNT TERMS
By agreeing to these Terms, you represent that you are at least 18 years of age, or that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright and trademark laws). A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any valid commercial reason at any time.
SECTION 2 - PRODUCTS, PRICING, & AVAILABILITY
Prices for our products are subject to change without notice. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be strictly accurate. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time.
SECTION 3 - ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
SECTION 4 - CONSUMER RIGHTS & RETURNS (EU RIGHT OF WITHDRAWAL)
If you are a consumer residing within the European Economic Area (EEA), you have the statutory right to withdraw from your purchase within 14 days without giving any reason, provided the items are unworn, unwashed, and in their original condition with all tags attached. Exceptions: This right of withdrawal does not apply to goods made to your specifications, clearly personalized items, or sealed goods unsealed after delivery that are not suitable for return due to health protection or hygiene reasons. For complete instructions on exercising this right, please review our formal [Return Policy].
SECTION 5 - INTELLECTUAL PROPERTY
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the product designs, or any contact on the website through which the service is provided, without express written permission by us. All brand names, product names, and titles used on the site are trademarks or trade names of Eliza and Ethan BV or third-party trademark or trade name holders.
SECTION 6 - THIRD-PARTY LINKS & TOOLS
Certain content, products, and services available via our Service may include materials from third-parties (e.g., payment processors or fulfillment partners). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or any other transactions made in connection with any third-party websites.
SECTION 7 - LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. To the maximum extent permitted by applicable law, Eliza and Ethan BV, our directors, officers, employees, and affiliates shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind (including lost profits or data) arising from your use of the service or any products procured using the service. Statutory Exception: Nothing in these Terms limits our liability for death or personal injury resulting from our negligence, or for our willful misconduct or gross negligence, as required by Dutch law.
SECTION 8 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eliza and Ethan BV and our affiliates, partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.
SECTION 9 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable under applicable law, the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 10 - GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts of Amsterdam, Netherlands. For EU Consumers: You may also access the European Commission’s Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr to resolve consumer disputes out of court.
SECTION 11 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change or replace any part of these Terms by posting updates to our website. For material changes that significantly affect your rights, we will notify active customers via email. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
SECTION 12 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@elizaandethan.com or by mail to: Eliza & Ethan BV Keizersgracht 482 Amsterdam, NH, 1017 EG Netherlands
