TERMS & CONDITIONS
Please read these Conditions carefully before placing any orders on our Site. You should understand that by ordering any of our products, you agree to be bound by these Conditions.
We recommend you should keep a copy of the Conditions for future reference but please hold in mind that we may modify the Conditions on our Site time to time. The new Conditions shall be effective as of the date of publication on our Site. Please read the Conditions and check back often. If you do not agree to any change on the Conditions, then you must immediately stop using our Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
elvogue.com is a trading name of Elvogue OÜ, a company registered in Estonia under registration number 12940547. Our registered address is Peterburi tee 90f, Tallinn 11415, Estonia.
Our Business Policy
♥ Products on sale on our Site are available exclusively to its end users, i.e. the “Consumers”;
♥ “Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on our Site;
♥ Elvogue.com reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with elvogue.com business policy;
♥ These Terms and Conditions (with any other rules posted on our Site) regulate the offer, transmission and acceptance of purchase orders relating to products on our Site between the users of elvogue.com and us;
♥ The Terms and Conditions do not regulate the supply of services or the sale of products performed by third parties that are on elvogue.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions. Under no circumstances shall elvogue.com be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of elvogue.com and third parties.
♥ To use some of our features made available to you on our Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. We may change registration requirements from time to time;
♥ The account password you provide should be unique and kept secure, and you must notify elvogue.com immediately of any breach of security or unauthorized use of your account;
Eligibility to purchase
♥ In order to make purchases on our Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided;
♥ Our Site is available only to individuals who meet the elvogue.com terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to elvogue.com, whose applications are acceptable to elvogue.com and who have authorized elvogue.com to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase;
♥ By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where elvogue.com feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions;
♥ Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information;
♥ By submitting an order form to elvogue.com, you unconditionally accept and undertake to observe the provisions of these Conditions in your contract with elvogue.com. Should you not agree with certain provisions of these Conditions, please do not submit your order form for the purchase of products on elvogue.com;
♥ By submitting an order form to elvogue.com, you unconditionally accept that the main characteristics of products that are shown on elvogue.com product pages may not exactly correspond to the real garments in terms of image and colors due to the Internet browser or monitor used;
♥ All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers;
♥ elvogue.com offers products for sale that are in stock and available for dispatch from our distribution center;
♥ We reserve the right to only accept orders from those over 18 years of age;
♥ elvogue.com will store a record of your transactions for a minimum of one year.
Acceptance of your order
♥ Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it;
♥ Unless you cancel your order, acceptance of your order and completion of the contract between you and elvogue.com will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Tallinn, Estonia and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of elvogue.com;
♥ We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Conditions;
♥ We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from our Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on our Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun;
♥ Whilst every effort is made to make sure details on our Site are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
♥ Prices shown on our Site are in Euros and are exclusive of VAT due to company´s exemption of VAT;
♥ If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction;
♥ All prices and offers remain valid as advertised from time to time. The Euros price of a product displayed on our Site at the time the order is accepted will be honored, except in cases of patent error;
♥ Customers purchasing from a country served as DDP (Delivered Duty Paid) will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU (Delivered Duty Unpaid) will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
♥ Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form;
♥ We accept Visa, MasterCard, Maestro and any other methods which may be clearly brought out on our Site. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to elvogue.com. Payment will be debited and cleared from your account upon dispatch of your order by elvogue.com. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to elvogue.com, we will not be liable for any delay or non-delivery;
♥ We take reasonable care to make our Site secure. All credit/debit card transactions on our Site are processed using “Maksekeskus”, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered elvogue.com user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated;
♥ To help ensure that your shopping experience is safe, simple, and secure, elvogue.com uses Secure Socket Layer (SSL) technology;
♥ Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Site.
Insurance and delivery
♥ elvogue.com insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature (international deliveries) or acceptance (SmartPost or Omniva services) for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature (international deliveries) or acceptance (SmartPost or Omniva services) by them is evidence of delivery and fulfillment by elvogue.com, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us;
♥ Please note that we aim to dispatch all orders within 48 hours, or 72 hours during sale periods. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. elvogue.com is not responsible for any delays caused by destination customs clearance processes;
♥ If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
Returns and refunds
…………..• You have the right to cancel your contract with elvogue.com in relation to products purchased from elvogue.com, without any penalty and for any reason, by notifying elvogue.com in writing within fourteen (14) calendar days, beginning on the day you receive the products. In this case you will receive a full refund of the price of the products including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses);
…………..• To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Elvogue OÜ, Peterburi tee 90f-31/1, Tallinn 11415, Estonia, or by email to: email@example.com. You may also use the cancellation form on My account page;
…………..• You should keep a record of your cancellation notice; the products should not have been used, worn, washed or damaged.
…………..• All products sold by elvogue.com include an identification tag attached complete with a disposable seal. Please email firstname.lastname@example.org if any of your purchases have been delivered without elvogue.com tags. Please try on the products without removing the tag and seal. Returned products without the tag or seal will not be accepted;
…………..• You shall return cancelled orders to: Elvogue OÜ,Peterburi tee 90f-31/1, Tallinn 11415, Estonia, without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired;
…………..• You should return the products to us within fourteen (14) calendar days of the date you notify elvogue.com of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation;
…………..• Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return;
…………..• elvogue.com has the right to not accept returned and/or make a claim against you if you do not take reasonable care of the products, for example, where products are returned without the identification tag, worn, used or damaged. You will be notified if the returned products cannot be accepted. In this case, you may choose to have the products delivered to you at no expense by elvogue.com. If you refuse the above delivery, elvogue.com reserves the right to retain the products and the amount paid for your purchase of the products;
♥ Repeated returns
…………..• We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your elvogue.com account.
…………..• We will make reimbursement without undue delay, and not later than:
…………..…………..» 14 days after the day we receive back from you any of the goods supplied; or
…………..…………..» (if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
…………..…………..» if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
…………..• In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost;
…………..• We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise;
…………..• If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by elvogue.com to the individual who made the payment;
Limits on our liability
♥ Nothing in this Agreement is intended to affect your rights under the law;
♥ If elvogue.com fails to comply with the Conditions, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the Conditions. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and elvogue.com knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased;
♥ We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity);
♥ We are also not responsible for failure to meet any of our obligations under the Conditions where such failure is due to events beyond our reasonable control.
♥ You have certain rights under Estonian law:
…………..• That any products you order through our Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on our Site;
……………• A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).
♥ Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
Third party sites
♥ We may include hyperlinks on our Site to other websites or resources operated by parties other than elvogue.com, including advertisers. elvogue.com has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
No commercial use
♥ Our Site is for your personal non-commercial use only. Without elvogue.com written permission you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within our Site. You may not use our Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
♥ You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and elvogue.com as a result of the Conditions or your use of our Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of elvogue.com, and we shall not be liable for any representation, act, or omission on your part.
♥ You agree that you will be personally responsible for your use of our Site and for all of your communication and activity on and pursuant to our Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Conditions, we may deny you access to our Site on a temporary or permanent basis.
♥ If you breach the Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Conditions.
Intellectual property rights
♥ Your use of our Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including elvogue.com Software and all HTML and other code contained in our Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on our Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by elvogue.com and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
♥ In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on our Site. Elvogue.com tries to ensure that the information on our Site is accurate and complete. Elvogue.com does not promise that elvogue.com’s Content is accurate or error-free. Elvogue.com does not promise that the functional aspects of our Site or elvogue.com ‘s Content will be error free or that our Site, elvogue.com Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Complaints and governing law
♥ If you have a complaint about us email email@example.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The Conditions together with all our policies and procedures will be governed by and construed in accordance to the Estonian law and the relevant courts of Estonia will have exclusive jurisdiction.
Last updated March 20th 2017