Terms of service
OVERVIEW
Welcome to ELDRYX.
The terms “we”, “us” and “our” refer to ELDRYX. ELDRYX is operated by Huzaifa Mooradun, trading as ELDRYX. ELDRYX operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).
ELDRYX is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use our Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as orders, payments, shipping, returns, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By using our Services, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products we offer, you may be asked to provide certain information, such as your name, email address, billing information, payment information, and shipping information.
You represent and warrant that all information you provide through our store is correct, current, and complete, and that you have all rights necessary to provide this information.
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to provide accurate product descriptions, images, sizing information, and other product details in our online store.
However, product colors and appearance may vary depending on your device, screen settings, lighting, and other display conditions. We do not guarantee that the appearance of any product will be exactly the same as shown on your screen.
All product descriptions, pricing, and availability are subject to change at any time without notice, at our discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS
When you place an order through our store, you are making an offer to purchase the products in your order.
ELDRYX reserves the right to accept or decline your order for any reason, including but not limited to product availability, payment issues, suspected fraud, inaccurate product or pricing information, or shipping restrictions.
Your order is accepted only when we confirm acceptance of the order. We must receive and process your payment before your order can be accepted and fulfilled.
Please review your order carefully before submitting it. Once an order is accepted and enters processing or fulfillment, we may be unable to accommodate cancellation or change requests.
If we do not accept an order, make a change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed.
Your purchases are subject to our Return and Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or unauthorized export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice.
The price charged for a product will be the price in effect at the time your order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs duties, import charges, or other fees that may apply.
We may offer promotions from time to time. Promotions may be governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will govern for that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address, billing address, shipping address, and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
1. the payment information you provide is true, correct, and complete;
2. you are authorized to use the payment method provided;
3. charges incurred by you will be honored by your payment provider; and
4. you will pay all charges incurred by you at the posted prices, including shipping, handling, taxes, customs duties, and other applicable charges.
SECTION 5 - SHIPPING AND DELIVERY
We currently ship to the United States, the United Kingdom, and Canada, unless otherwise stated on the store.
Delivery times shown on our store are estimates only and are not guaranteed. Shipping and delivery may be affected by production time, carrier delays, customs processing, incorrect shipping information, high-volume periods, weather, or events outside our control.
We are not responsible for delays caused by shipping carriers, customs processing, incorrect customer information, or events outside our reasonable control.
Once an order is shipped, tracking information will be provided where available.
You are responsible for providing a complete and accurate shipping address. If an order cannot be delivered because the shipping information provided was incorrect or incomplete, you may be responsible for additional shipping costs or replacement costs, where permitted by law.
Customs duties, import taxes, brokerage fees, or other charges may apply depending on your country. Unless otherwise stated at checkout, these charges are the responsibility of the customer.
Risk of loss or damage passes to you when the products are delivered to you or to a person identified by you to receive the products, except where applicable law provides otherwise.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, images, graphics, video, audio, product designs, website design, layouts, and other content, are owned by ELDRYX, its affiliates, partners, licensors, or service providers and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, resell, or exploit any part of the Services without our prior written consent.
Nothing in these Terms grants you any license or ownership rights in any intellectual property of ELDRYX, Shopify, or any third party, except as expressly stated.
ELDRYX names, logos, product names, designs, slogans, and brand elements are trademarks or brand assets of ELDRYX. You must not use them without our prior written permission.
Shopify’s names, logos, product names, designs, and slogans are trademarks or brand assets of Shopify. All other names, logos, product names, designs, and slogans appearing on the Services are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to customer tools or features offered by third parties as part of the Services. We do not monitor, control, or have input over these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations, or conditions of any kind and without endorsement.
Your use of optional third-party tools is entirely at your own risk and discretion. You should make sure that you understand and approve of the terms provided by the relevant third-party provider before using those tools.
We may also offer new features, tools, or resources through the Services in the future. Such new features will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials, links, or embedded functionality provided by third parties.
We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites, services, or materials.
If you access third-party websites or services through links on our store, you do so at your own risk.
We are not liable for any harm, damages, losses, or issues related to your access to third-party websites, or your purchase or use of products, services, resources, or content from third parties.
Please review third-party policies and practices carefully before engaging in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
ELDRYX is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make through our store are made directly with ELDRYX.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and ELDRYX, including any injury, damage, or loss resulting from products or services purchased through our store.
To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with ELDRYX.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit through the Services may be transmitted to and shared with Shopify and other third parties that may be located in countries other than where you reside, in order to provide the Services to you.
By using the Services, you acknowledge that you have read our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.
We may use Feedback to operate, provide, evaluate, improve, and promote the Services and our products.
You represent and warrant that:
1. you own or have all necessary rights to the Feedback;
2. you have disclosed any compensation or incentives received in connection with the Feedback; and
3. your Feedback complies with these Terms.
We are under no obligation to maintain Feedback in confidence, to pay compensation for Feedback, or to respond to Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our discretion, is unlawful, offensive, threatening, defamatory, obscene, abusive, misleading, infringing, or otherwise objectionable.
You are solely responsible for any Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly:
1. for any unlawful, fraudulent, or malicious purpose;
2. to violate any international, federal, provincial, state, or local law, rule, or regulation;
3. to infringe or violate our intellectual property rights or the intellectual property rights of others;
4. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
5. to transmit false or misleading information;
6. to upload, transmit, or distribute viruses, malware, or malicious code;
7. to send spam, phishing messages, junk mail, chain letters, or similar solicitations;
8. to impersonate any person or entity;
9. to collect or track the personal information of others without authorization;
10. to interfere with or circumvent the security features of the Services or any related website;
11. to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without permission; or
12. to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm ELDRYX, Shopify, or users of the Services.
We reserve the right to suspend, disable, or terminate your access to the Services at any time if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at any time, without notice, where permitted by law.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by ELDRYX, the Services and products offered through the Services are provided as is and as available, without warranties or conditions of any kind, whether express or implied, to the fullest extent permitted by law.
Nothing in these Terms limits or excludes any rights that cannot be limited or excluded under applicable consumer protection law.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, ELDRYX and its partners, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including loss of profits, loss of revenue, loss of data, replacement costs, or similar damages arising from your use of the Services or products purchased through the Services.
This limitation applies whether the claim is based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability that cannot be excluded or limited under applicable consumer protection law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ELDRYX, Shopify, and our affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable legal fees, arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.
We will notify you of any claim where required. We may control the defense and settlement of such claim, and you agree to cooperate with us in the defense of any claim.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be considered severed from these Terms of Service.
The validity and enforceability of the remaining provisions shall not be affected.
SECTION 19 - WAIVER AND ENTIRE AGREEMENT
The failure of ELDRYX to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on the site or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services.
These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so without consent will be void.
We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent where permitted by law.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of Mauritius, without prejudice to any mandatory consumer protection rights that may apply in your country of residence.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Where required by applicable law, we will notify you of material changes.
Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
Email: contact@eldryxstudio.com
Business information:
Huzaifa Mooradun, trading as ELDRYX
Bernardin de Saint Pierre Street
Port Louis, 11809
Mauritius
If you are contacting us about an order, please include your order number so we can assist you properly.