BAG
TERMS & CONDITIONS

1.  RETURN POLICY

All sales are final.

If an item proves defective upon receipt, please contact customer@elenarcollective.com and select “Return” as the subject in your request. The issue at hand will be assessed and refund will be granted where applicable.

Must be unused, unworn, unwashed and in the same condition in which it was received by you;

Must have all original tags still attached and intact;


Must be returned complete with all of its parts and accessories;


Must be sent in its original packaging;


Must include its original packing slip;

Must be shipped back to our fulfillment house within seven (7) days from the date of delivery; and


Must be sent in one single shipment; products that belong to the same order must be returned to us at the same time.


If all of these conditions are satisfied, we will refund the value of the returned product(s), sales tax included, less any original shipping costs. We will not issue any refunds for returns that do not satisfy all of the conditions indicated above; Provided, however, that you will have the option to request within seven (7) days from being notified that you are not entitled to a refund that your merchandise be shipped back to you, in the condition in which it was received by provider’s fulfillment house.


If you do not request the return of your merchandise within said seven-day period, you authorize provider, and any of its affiliates or agents, to dispose of such merchandise as it sees fit.



2.  REFUND POLICY

Refunds are processed within approximately seven (7) business days from our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on this site. If you paid by credit card, refund times will depend on the credit or debit card company’s policies. Be aware that the refund date for the credit will coincide with the date of the original payment, therefore you will not be charged any interest fees. If you paid by Paypal, refunds will be credited to your Paypal account and will be visible immediately. The date of reimbursement to the credit card associated with your Paypal account depends on the company that issued the card. We offer no refunds on any products designated on this site as non-returnable.

1. Identification tag

All of our products come with an identification tag. Please try your item on before removing the tag, since we do not accept returns once the tag has been removed, broken or damaged in any way. 
2. Disclaimer of warranties and limitation of liability

Provider makes no representations or warranties of any kind, express or implied, as to the products included on the site nor as to the merchandise being sold to you. To the fullest extent permissible by applicable law, provider disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. Provider will not be liable for any damages of any kind arising from the use of the site, including but not limited to direct, indirect, incidental, punitive and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.


3. Force majeure

Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.


3.  TERMS AND CONDITIONS OF SALE

The following general terms and conditions of sale govern the sale of merchandise by ELENAR (the "provider" or "we") to you through www.elenarcollective.com (“the site"). The site is available for purchases made and delivered throughout the world. Your use of this site to purchase merchandise indicates your agreement to follow and to be bound by these general terms and conditions of sale.

1. Orders & products

All orders are subject to confirmation by us. Please note that the products displayed on this site may be out-of-stock or discontinued, and availability is not guaranteed. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

2. Prices

All prices are in Swiss Francs (CHF). Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. 

The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email.  


3. Shipping costs

You are responsible for the shipping costs associated with the delivery of the products you purchase on this site as specified on your order confirmation.

4. Shipments and delivery

You bear all risks of loss and damage to the products from the time the same have cleared our fulfillment house. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier.

5. Returns and refunds

Please refer to our return and refund policy, which forms an integral part of these general terms and conditions of sale.

6. Binding agreement

Our order confirmation, these general terms and conditions of sale and our other site policies shall be deemed the final and integrated agreement between you and us on the matters contained in these general terms and conditions of sale.

7. Governing law and choice of forum

The laws of Switzerland (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these general terms and conditions of sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement.

8. Disclaimers and limitations of liability

The provider makes no representations or warranties of any kind, express or implied, as to the products included in www.elenarcollective.com nor as to the merchandise being sold to you. To the fullest extent permissible by applicable law, the provider disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. The provider will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.


9. Severability

If any provision of these general terms and conditions of sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these general terms and conditions of sale remain in full force to the extent permitted by law.

10. Privacy

The terms and conditions of the our privacy policy govern the processing of all personal data collected from you in connection with your purchase of products through this site.

11. Force majeure

Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

12. Errors and inaccuracies

Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, to cancel an order and to change or update information at any time without prior notice.

13. Pricing

Prices displayed on the www.elenarcollective.com website are quoted in Swiss Francs (CHF). While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as cancelled.


4.  TERMS AND CONDITIONS OF USE

Welcome to www.elenarcollective.com. These terms and conditions (the “general terms and conditions of use”) govern your use of, access to, and purchase of products from www.elenarcollective.com. By using this site, you agree to comply with and be bound by these general terms and conditions of use. If you do not agree to these general terms and conditions of use, please do not use this site.

1. General

www.elenarcollective.com is the property of ELENAR Neukomm.

2. Other site policies

Please review our general terms and conditions of sale, return policy and privacy policy (collectively, the “site policies"). All site policies are incorporated in these general terms and conditions of use by this reference and, therefore, apply to your access to, use of and purchase of products from this site. If you do not agree to our site policies, please do not use this site. We reserve the right to make changes to the site, the site policies, and these general terms and conditions of use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

3. Purchase for personal use only

You may purchase products on this site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our general terms and conditions of sale. We reserve the right to refuse orders for any reason without explanation.

4. User's submissions

We welcome your comments and feedback regarding this site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the “submissions”) disclosed, submitted or offered to the provider via this site, or otherwise, are not confidential. You represent and warrant that any submissions that you submit to the provider are made in compliance with applicable laws, do not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any submissions to the provider, you grant the provider and ELENAR a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such material throughout the world in any media. You are and shall remain solely responsible for any submissions you disclose, submit or offer to the provider or ELENAR.

5. Privacy

We recommend that you read our privacy policy, which explains our online privacy practices.

6. Copyright

All content included on www.elenarcollective.com, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "content"), is the property of ELENAR or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the content without the prior express written consent of ELENAR, or its content suppliers, as the case may be. ELENAR and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the content. ELENAR and its content suppliers shall have the right, at any time, to claim the authorship of any content posted on this site and to object to any use, distortion or other modification of such content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the content expressly authorized in writing by ELENAR or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

7. License and site access

The viewing, printing or downloading of any content from this site grants you only a limited, non-exclusive and non-transferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of this site and the content immediately terminates the license granted by the provider.

You will be solely responsible for all damages and other harm resulting from your use of this site and the content. ELENAR and the provider shall not be deemed liable for any use of this site and the content made by you in violation of any applicable laws and regulations and these general terms and conditions of use.


8. Copyright complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact an ELENAR copyright representative for further information. You may also contact our customer care and use ‘Copyright’ as the subject.

9. Links to other websites

This site may provide hyperlinks to third party websites (“third party websites"). The provider and ELENAR do not operate, control, endorse or guarantee any third party websites. You agree that the provider and ELENAR are not responsible for any content, services and/or products provided by any third party website, nor are the provider and ELENAR responsible for any practice followed by such third party website with respect to the collection and processing of personal data of their users. When you access any third party website through a hyperlink posted on this site, please carefully read the terms and conditions of use, privacy policy and other policies of such third party website. Our policies do not apply to any third party website.

You the provider provides hyperlinks to third party websites only for the convenience of its users. By providing hyperlinks to third party websites, the provider does not recommend that its users access such third party websites.


You agree that your use of any third party website is at your sole risk and without warranties of any kind by the provider, expressed, implied or otherwise, including, but not limited to, warranties of title, fitness for a particular purpose, merchantability or non-infringement. Under no circumstances are the provider and/or ELENAR liable for damages arising from any transaction between you and any third party website or for any information appearing on third party websites.


10. Governing law and choice of forum

The laws of Switzerland (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these general terms and conditions of sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these general terms and conditions of sale shall be brought solely in the city of Schwyz, Switzerland.

11. Disclaimer of warranties and limitation of liability

This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by the provider on an "as is" and "as available" basis, unless otherwise specified in writing. The provider makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, the provider disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The provider does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or email sent from the provider are free of viruses or other harmful components. The provider will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.


Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.



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