Terms & Conditions

TERMS OF USE

Thank you for shopping at Eledera. These Terms of Use apply to our website (the “Site”), mobile applications and related services (collectively, the "Services"). The Services are provided by Eledera, Inc ("Eledera" or "we," "us," "our" and similar references). By using the Services, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use and our Privacy Policy. If you do not agree with these Terms of Use and our Privacy Policy, you should not use the Services.

We may change, add or delete portions of these Terms of Use at any time on a going-forward basis at our sole discretion. It is your responsibility to check these Terms of Use for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will use reasonable efforts to notify you of any material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email or other means.

Use of the Services.  You may use the Services only in accordance with and subject to these Terms of Use and our Privacy Policy (available here), which is incorporated herein by reference.  By using the Services, you represent that you are 18 years old or older and that all of the information, data and other materials you provide in connection with the Services are true, accurate, current and complete.  You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.  Use of the Services is void where prohibited by law.

2.  Purchases.

Order Processing.  Orders may only be placed using the Services for personal use and not for resale.  Eledera reserves the right, in its sole discretion, to not process or to cancel your order or to limit quantities.  For most orders, you will be charged at the time your order is placed.      

Taxes.  For Eledera Tax Policy, which may change from time to time, please refer to the information in this document. 

Shipping and Delivery.  For Eledera Shipping and Delivery Policy, which may change from time to time, please refer to the information in this document. 

Returns/Exchanges. For Eledera Return/Exchange Policy, which may change from time to time, click here. 

Product Availability.  All offers of products as they are displayed via the Services are subject to availability. Eledera reserves the right to change the items offered via the Services at any time and without notice.  The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly.  If a product is not available for shipping promptly after your place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. Eledera shall not be liable if products are not in stock or otherwise not available.

Product Descriptions. Eledera uses reasonable efforts to display the products listed for sale via the Services as accurately as possible. However, Eledera does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free. If a product offered by Eledera is not as described, your sole remedy is to return it in accordance with these Terms of Use.

Listed Price. The pricing for all products available via the Services are in United States dollars, and exclude taxes and shipping costs.  We strive to ensure all pricing information is correct.  If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product.

Gift Cards.  Gift Cards and their use, including provisions regarding loss, are subject to the Gift Card Terms and Conditions located here, as well as these Terms of Use and the Privacy Policy.

Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Eledera but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges.

Promotional Cards and Promotional Codes.  Promotional Cards, Promotional Codes and their use, including provisions regarding loss, are subject to the Promotional Card and Promotional Code Terms and Conditions located here, as well as these Terms of Use and the Privacy Policy. 

4.  Intellectual Property.

Ownership.  The Services and all content available through the Services (including all intellectual property of any nature, whether registered or unregistered, including all text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by Eledera and its affiliates, and their respective licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.  

You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained within the Services.  The “Eledera” trademark and all other Eledera related marks and logos, whether registered or not registered, displayed via the Services, as well as the domain name "eledera.com," are and will remain the exclusive property of Eledera. Any reproduction, distribution, transmission, modification or use of any Eledera trademark for any purpose is prohibited.  You may not remove any copyright, trademark or other proprietary notice contained in the Services or any content contained therein.

Limited License.  Subject to the terms and conditions of these Terms of Use, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying them via your internet browser or device only for the purpose of shopping for personal items sold via the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms of Use shall immediately revoke the license granted in this paragraph without notice to you.

Use Restrictions.  You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Eledera or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Services to: (i) transmit via or through the Services any information, data, text, images, files, links or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us; (ii) introduce to our Site or mobile applications or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person, including but not limited to, a registered user of the Services or an employee of Eledera; (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (vi) misrepresent the identity of a user or use a false e-mail address; (vii) tamper with or obtain access to our Site or mobile applications or any component of any of them; (viii) conduct fraudulent activities; or (ix) collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

Content You Submit.  You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials and other items or materials (except for your personal information which is handled in accordance with the Privacy Policy) disclosed or submitted to Eledera through the Services or by other means ("Submissions") are neither confidential nor proprietary to you and may be used by Eledera without restriction or compensation.  By making a Submission to Eledera, you grant to Eledera a nonexclusive, royalty-free, perpetual, irrevocable, assignable license to use, reproduce, modify, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such Submission worldwide in any media for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person.  You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you are and shall remain solely responsible for the content of any Submission you make.  You agree that Eledera is under no obligation to review or use any Submission (including any messages) posted on or sent through the Services by you or any third party and assumes no responsibility or liability relating to any such Submission. Eledera, in its sole discretion, may monitor, not post or remove any Submission.

Claims of Copyright Infringement. Eledera respects the intellectual property of others, and we ask our users to do the same. Eledera may, at its discretion, disable and/or terminate the accounts of users of the Services who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Eledera with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent at the address below):

a.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.  a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c.  identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Services;

d.  your address, telephone number, and, if available, email address;

e.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

Eledera’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

ciao@eledera.com

Eledera may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

Unavailability of Services; Termination; Fraud.  We may alter, suspend or discontinue these Services in whole or in part, at any time and for any reason, without notice or cost. In addition, the Services may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Services or your account, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship or recall from the shipper any order if fraud is suspected.

 Links.  The Services may contain links to other websites on the Internet that are owned and operated by third parties.  Such links should not be interpreted as an express or implied endorsement of such third party websites or any products or services that may be offered thereon.  You acknowledge that we have no liability or responsibility for the content or availability of such websites, the products or services available thereon or otherwise in connection with such third party websites, products or services.  Please review the terms and conditions that may be imposed by such websites, as they may be different from these Terms of Use.

International Access.  The Services may be accessed from countries other than the United States. The Services may contain products or references to products that are not available outside of the United States.  Any such references do not imply that such products will be made available outside the United States.  If you access and use the Services outside the United States you are responsible for complying with your local laws and regulations.  

GIFT CARD TERMS AND CONDITIONS

1.  No fees are imposed on Gift Cards, and if purchased, they do not expire.

2.  Certain Gift Cards that are not purchased are considered Promotional Cards, and the terms and conditions may vary. Promotional Cards may have an expiration date, as indicated at the time of issuance.

3.  Gift Cards can only be redeemed at the Eledera website toward the purchase of products available thereon. They cannot be applied to any orders previously placed or be redeemed for other Gift Cards.

4.  Gift Cards are non-transferable and may not be returned or redeemed for cash (except as required by law).

5.  If your order total is less than the value of the Gift Card, the remaining balance will continue to be available on the Gift Card and can be redeemed against subsequent orders.  You may check your Gift Card balance on the Eledera website or by calling customer assistance.

6.  To redeem a Gift Card you must enter the Gift Card information during checkout.

7.  All remaining balances exceeding the value of your  Gift Card must be paid by another Gift Card, credit card or debit card.

8.  If you return any item you purchased using a Gift Card, the amount paid using a Gift Card will be issued to you on a new Gift Card and will be eligible for redemption against subsequent orders.   

9.  Electronic Gift Cards will be emailed to the recipient after payment has been processed, and physical Gift Cards will be shipped in accordance with our Shipping and Delivery Policy.  A confirmation will also be sent to the purchaser.

10.  Delivery of an electronic Gift Card to an incorrect or non-existent email address is the sole responsibility of the purchaser.  Delivery of a physical gift card to an incorrect or non-existent shipping address is the sole responsibility of the purchaser.  We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission.  Gift Cards will not be replaced if lost or stolen without proper proof of purchase. Please treat them like cash.

11.  Sales tax and shipping charges are applicable to any items purchased with a Gift Card.

12.  We reserve the right to refuse, cancel or hold for review Gift Cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination, or for other violations of gift card policies.

13.  Please note that Promotional Cards are not gift cards, and the terms and conditions may vary.  Promotional Cards may have an expiration date, as indicated at the time of issuance.

 

PROMOTIONAL CARD AND PROMOTIONAL CODE TERMS AND CONDITIONS

Promotional cards cannot be combined with any other promotions or discounts.

1.  No fees are imposed on Promotions.

2.  Promotions may have an expiration date, as indicated at the time of issuance.

3.  Promotions can only be redeemed at the Eledera website toward the purchase of products available thereon. They cannot be applied to any orders previously placed or be used toward the purchase Gift Cards. Via Italia guest brand products are not eligible for promotional discounts.

4.  Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law).

6.  To redeem a Promotion you must enter the Promotion information when prompted during checkout. Additional restrictions may apply, as indicated at the time of issuance.

7.  All remaining balances exceeding the value of your Promotion must be paid by another acceptable form of payment (Gift Card, credit card or debit card).

8.  If you return any item you purchased using a Promotion, the amount paid using a Promotion will not be reissued to you and will not be eligible for redemption against subsequent orders. 

9.  Delivery of an electronic Promotion to an incorrect or non-existent email address is the sole responsibility of the purchaser. Delivery of a physical Promotion to an incorrect or non-existent shipping address is the sole responsibility of the purchaser. We are not responsible if a Promotion is lost, stolen, destroyed or used without permission. Promotions will not be replaced if lost or stolen. Please treat them like cash.

10.  Sales tax and shipping charges are applicable to any items purchased with a Promotion.

11.  We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders for suspected fraud, for Promotions mistakenly issued in an incorrect denomination, or for other violations of the Promotion policies, in whole or in part for any reason or no reason to the extent permitted by law. If we suspect misuse of a Promotion, it may be suspended or terminated.

12.  Please note that Promotions are not Gift cards, and the terms and conditions may vary. Promotions may have an expiration date, as indicated at the time of issuance. 

SHIPPING AND DELIVERY POLICY

1.  Shipping Method.  As part of the order procedure, you will be asked to select your preferred shipping method, and your shipping cost, if any, will depend on the method you select.  We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the site before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.

Most items will ship via common carrier (such as UPS, FedEx, or USPS) and require a valid shipping address. Some carriers generally will not ship to a P.O. Box or military address. 

2.  Shipping Costs and Timing.  ‌‌During the ordering procedure, we will inform you of the estimated time required for delivery and the various forms of delivery available for the goods purchased. We provide free shipping to most destinations in the United States.

In some cases, certain delivery options may not be available, may require additional shipping fees or may take longer.  Items subject to these additional shipping and delivery charges will be displayed during the ordering procedures and may not be eligible for any reduced or free shipping offers.

For all the Products, the order is prepared for departure from Eledera's warehouse within a maximum period of 3 working days (subject to stock availability and except for the special case of Products sold “on pre-order”) from confirmation by e-mail of the order. The average period between the placing of an order and its delivery is from 4 to 9 working days. 

Additionally, orders for physical Gift Cards will ship within 24 hours if placed on a business day, or on the next business day. For “Pre-Order” items that are not yet at our warehouse or available for delivery, you will be notified by email when the item is processed and shipped. A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order.  Please be advised that deliveries are not  typically made on weekends or holidays.

If your order or a part of your order is not able to ship without material delay for any reason, Customer Service will contact you to provide more detail and an estimated shipping date.

RETURN/EXCHANGE POLICY

1.  Eligibility.  Unless otherwise noted, you may return or exchange any product purchased via the Services for a refund or credit (see Section 3 below). Gift Cards  are final sale and are not eligible for return. You must return or exchange any eligible item within thirty (30) calendar days of the delivery date. All items for return or exchange must be in their original condition, unused, unwashed, unaltered and undamaged. Items must be in the original packaging (including, if possible, the original delivery box) and be accompanied by the original invoice. 

2.  Process.  For most orders, you can visit XXXX RETURN SITE to initiate a return or exchange of an eligible item. 

3.  Returns.  After your item is received and inspected, in most cases your refund will be processed and a credit will be automatically applied to your credit card or original method of payment. For returns of products purchased during certain events, such as private sale events, your refund may be credited in the form of an electronic gift card, as noted at the time of purchase. Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied to post to your account. Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price plus applicable sales tax (if any).

If a Gift Card was utilized in the original purchase, we will issue a new Gift Card for the value of the return refund. If the credit card used in connection with the purchase is expired or invalid, the refund will transfer over to your new card if it is with the same bank. If this is not possible, we will issue a check to the billing address on the credit card.

Return items must be in their original condition, unused, unwashed, unaltered and undamaged. If, upon inspection, we deem your return item to be used, altered or otherwise damaged, it may be ineligible for refund. If you have any questions about the condition of any item you are considering returning, please contact Customer Service at ciao@eledera.com. 

4.  Exchanges.  To exchange an eligible item for the same item in a different size, visit XXXX RETURN SITE and select “Exchange for new size” when prompted. We will ship your new item as soon as your return item is placed in the mail. To exchange an eligible item for the same item in a different color, or for a different item altogether, visit XXXXXXX and select “Shop Now” when prompted. For any other questions, please contact Customer Service at ciao@eledera.com. 

TEXT MESSAGES TERMS & CONDITIONS

You may elect to receive certain messages from Eledera at your mobile phone number, including messages to: (1) provide you with information you requested from Eledera; (2) inform you of Eledera products, services, marketing or promotional offers that may be of interest to you; (3) to respond to your inquiries regarding your account or purchases from Eledera; and/or (4) provide you with the ability to reorder, receive new product recommendations, and status updates regarding your orders. If you provide us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is without charge from Eledera but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges. If you enroll to receive texts from us, you acknowledge and agree to be bound by the following terms:

You represent and warrant to us that you are authorized: (i) you are the owner of the mobile phone number you designate in Eledera’s system to receive communications from Eledera via Short Message Service or text ("Texts"), and (ii) you are solely responsible for any mobile message or data charges that may be incurred by communicating with us via Texts. You may register to receive Texts by entering and submitting your phone number in the provided submission form available on our website. By entering your phone number and/or by confirming your desire to receive Texts from us, you consent to these terms and to receive text message communications fromEledera as described herein. A text message will be delivered to the mobile number you provided confirming your enrollment once you have submitted your phone number. You are responsible for managing the types of texts (whether SMS or MMS) you receive.

By subscribing to receive Texts, you expressly consent and agree to accept and receive information regarding products you order. With your consent, we may also use automated or non-automated technology to send you additional promotional communications via text message to the cellular/mobile telephone number that you provide to us. You understand that you are not required to receive promotional text messages as a condition of purchasing goods or services from Eledera. The information in any message may be subject to certain time lags and/or delays.

We may send you an initial message confirming that we have received your opt-in. After that, the number of Texts you receive will vary depending upon how you use our Service and whether you take steps to generate additional Texts from us. 

By agreeing to receive Texts, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at ciao@eledera.com with "Revoke Electronic Consent" in the subject line.

In order to cease receiving Texts, you may unsubscribe by replying STOP to any text message you receive or contacting Eledera Customer Service by email at ciao@eledera.com. You consent that following such a request to unsubscribe, you may receive one (1) final message from Eledera confirming that you have been inactivated in our system. Please allow up to ten (10) days to process your request. Following such confirmation message, no additional text messages will be sent to you unless you re-activate your subscription to receive messages.

Eledera reserves the right, in its sole discretion, to cancel or suspend any or all of the Texts, in whole or in part, for any reason, with or without notice to you.

TAX POLICY

We charge and collect state, local and county taxes for online transactions based on shipping address and as required by applicable laws and regulations.  An estimate of these taxes will be provided during the ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax.

Applicable taxes will be applied to orders shipped to any location where we are required to collect taxes.  If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes.  You cannot assume that your purchase is exempt merely because it is made over the internet.

No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.