Terms & Conditions

Last Update: February 1, 2023

Please read these terms and conditions carefully before using our service (referred to as "Service"). By using the Service, you agree to be bound by these terms and conditions. If you disagree with any part of these terms, do not use the Service.

Interpretation and Definitions

The words with capital letters have specific meanings as defined in the following conditions.

"Affiliate" refers to an entity controlling, controlled by, or under common control with the Company, where "control" means ownership of 50% or more voting shares.

"Company" refers to Eladay.

"Country" refers to the United States.

"Feedback" refers to suggestions or innovations sent by you regarding the Service's attributes, performance, or features.

"Goods" refer to items offered for sale on the Service.

"Orders" refer to requests by you to purchase Goods from the Company.

"Promotions" refer to contests, sweepstakes, or other promotions offered through the Service.

"Terms" refers to these terms and conditions that form the entire agreement between you and the Company regarding the Service's use.

"Third-party Social Media Service" refers to any service or content provided by a third-party available through the Service.

"Website" refers to Eladay, accessible at www.eladay.com.

"You" refers to the individual using the Service, or the company or entity on behalf of which such individual is accessing the Service.

Privacy Policy

The Company's Privacy Policy is part of these Terms and governs the collection, use, and disclosure of your personal information when using the Service. Please read the Privacy Policy carefully before using the Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts. You may be asked to provide information relevant to the Order, including, but not limited to, credit card information, expiration date, billing address, and shipping information. You represent and warrant that: (i) you have the right to use the payment method for the Order; and (ii) the information you provide is true, correct, and complete. By submitting this information, you grant the Company the right to provide it to payment processing third parties to facilitate the Order's completion.

Order Cancellation

The Company reserves the right to refuse or cancel an Order at any time for various reasons, including but not limited to:

Goods availability

Errors in the description or prices for Goods

Errors in your Order

Suspected fraud or unauthorized or illegal transactions.

Cancellation Rights

You can only return Goods in accordance with these Terms and the Company's Returns Policy. The Returns Policy forms a part of these Terms. Please read the Returns Policy for more information about your cancellation rights. You can only cancel an Order for Goods returned in the same condition as received, including all instructions, documents, and wrappings. Goods that are damaged, not in the same condition, or worn beyond opening the original packaging will not be refunded. You should take reasonable care of the Goods while in your possession. The Company will reimburse you within 14 days of receiving your cancellation notice and will use the same payment method as you used for the Order, without any fees. You cannot cancel an Order for the following Goods:

Goods made to your specifications or personalized.

Goods that are not suitable for return due to their nature, deteriorate rapidly or have expired.

Goods that are not suitable for return for health or hygiene

Revised Prices Policy:

The Company may change its prices at any time before accepting an order. The quoted prices may also be revised after accepting an order due to government actions, customs duties fluctuations, increased shipping costs, foreign exchange fluctuations, or other uncontrollable factors. In such cases, the customer has the option to cancel the order.

Payment:

Customers must make a one-time payment for all goods purchased. Payment can be made through various methods including Visa, MasterCard, American Express, online payment methods (e.g. PayPal). Payment card authorization from the card issuer is required for validation. If authorization is not received, the Company is not responsible for any delays or non-delivery.

Promotions:

Promotions offered through the Service may have separate rules from these Terms. Review the rules and Privacy policy before participating in any promotions. In the event of conflicting terms, the promotion rules will apply.

Feedback:

Customers grant the Company all rights, title, and interest in any feedback provided. In the event of ineffective assignment, customers agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such feedback.

Links to Third-Party Websites:

The Service may contain links to third-party websites not owned or controlled by the Company. The Company is not responsible for the content, privacy policies, or practices of these websites. The Company shall not be liable directly or indirectly for any damage or loss caused by the use or reliance on these websites. Customers are advised to read the terms and conditions and privacy policies of any third-party websites they visit.

Termination:

The Company may immediately terminate or suspend access to the Service without notice or liability for any reason, including a breach of these Terms and Conditions. Upon termination, access to the Service will cease immediately.

Limitation of Liability:

The Company and its suppliers will not be liable for any special, incidental, indirect, or consequential damages arising from the use or inability to use the Service, third-party software and hardware, or these Terms. This limitation of liability applies to the maximum extent permitted by law and may not apply in some states.

"AS IS" and "AS AVAILABLE" Disclaimer:

The Service is provided "AS IS" and "AS AVAILABLE" without warranty. The Company and its affiliates, licensors, and service providers explicitly disclaim all warranties, express or implied, relating to the Service, including merchantability, fitness for a purpose, title, non-infringement, and warranties arising from course of dealing or trade practice. The Company does not guarantee that the Service will meet customer requirements, achieve intended results, be compatible, operate without interruption, or be error-free. The Company makes no representation regarding the availability, accuracy, reliability, or security of the Service or its servers, or that they are free of viruses, malware, or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties or limitations on statutory consumer rights, so some exclusions and limitations may not apply.

Governing Law

The laws of the country will govern this agreement and the use of the service, excluding conflicts of law rules. Other local, state, national or international laws may also apply.

Disputes Resolution

In case of any dispute regarding the service, you must first try to resolve it informally by contacting the company.

Severability and Waiver

Severability: If any part of this agreement is deemed unenforceable, it will be changed to the fullest extent possible under law to meet its objective, and the remaining parts will remain in effect.

Waiver: Failure to exercise a right or fulfill an obligation under this agreement does not affect the ability to do so later, nor does it waive a future breach by either party.

Translation and Interpretation

Translated versions of this agreement may be available but the original English text prevails in case of disputes.

Changes to Agreement

We reserve the right to modify this agreement at our discretion, with reasonable notice of 30 days before the changes take effect. By continuing to use the service after changes, you agree to the new terms. If you don't agree, stop using the service.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

Eladay is offering a mobile messaging program subject to these terms, the agreement, and our privacy policy. By participating, you agree to resolve disputes through individual-only arbitration and understand that this agreement only applies to the program.

Opt In: You can receive SMS/MMS messages by opting in through online forms. You consent to receive autodialed marketing messages and understand message and data rates may apply.

Opt Out: Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message from us to opt out. Confirmations may be sent. No other method of opting out is acceptable.

Program Description: Users who opt in may receive messages on digital and physical product marketing, services, and events, including checkout/cart reminders.

Cost and Frequency: Message and data rates may apply. You may receive recurring messages based on your interaction with us. Message frequency varies.

Support: Text “HELP” or email  hello@eladay.com for support. 

MMS Disclosure: SMS TMs will be sent if your device doesn't support MMS.

Disclaimer of Warranty: The program is offered as-is and may not be available in all areas or continue to work in case of changes by your wireless provider.

If you have any questions about these Terms and Conditions, You can contact us:

By email: hello@eladay.com