Terms of service

OVERVIEW

Welcome to Elvare. The terms "we", "us" and "our" refer to Elvare. Elvare operates this store and website, including all related information, content, features, tools, products and services (the "Services"). Elvare is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them (the "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence. If you allow any of your minor dependants to use the Services on devices you own or manage, you consent to their use of the Services.

To use the Services, including browsing our store or purchasing products, you may be asked to provide information such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have the right to provide it.

You are solely responsible for keeping your account credentials secure and for all activity on 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 represent our products accurately. However, colours and product appearance may differ from how they appear on your screen due to your device and its settings.

All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, region or jurisdiction on a case-by-case basis.

SECTION 3 – PRODUCT USE AND SAFETY

Elvare toothbrushes are personal oral care products and are not intended to diagnose, treat or prevent any medical or dental condition. They are not a substitute for professional dental care or regular check-ups with your dentist.

Before use, please read and follow the instructions provided with your product. In particular:

If you have sensitive teeth or gums, a dental condition, or have recently had oral surgery or dental work, consult your dentist before use.
Children should use the toothbrush only under adult supervision.
Do not use the toothbrush or charger if either is damaged. Use only the charger supplied with your product.
Do not submerge the charger in water.
For hygiene reasons, each toothbrush and brush head should be used by one person only. Replace brush heads about every 3 months, or sooner if the bristles become worn.

SECTION 4 – ORDERS

When you place an order, you are making an offer to purchase. Elvare may accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment first. Please review your order carefully before submitting it, as we may be unable to cancel an order once it is accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the contact details provided with the order.

Returns and refunds are handled in accordance with our Refund Policy.

You represent that your purchases are for personal or household use and not for commercial resale or export.

SECTION 5 – PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will be the price in effect when you place your order, as shown in your order confirmation email. Unless otherwise stated, posted prices do not include shipping, handling, customs or import charges.

We may offer promotions from time to time that are governed by separate terms. If a promotion's terms conflict with these Terms, the promotion's terms apply.

You agree to provide current, complete and accurate purchase, payment and account information, and to keep it up to date so we can complete your transactions and contact you as needed.

You represent and warrant that:

the payment information you provide is true, correct and complete;
you are authorised to use the payment method; and
you will pay all charges at the posted prices, including shipping and any applicable taxes.

SECTION 6 – SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. If your order is lost or damaged in transit, please contact us at supportelvare@gmail.com and we will work with you and the carrier to resolve it.

SECTION 7 – INTELLECTUAL PROPERTY

The Services, including all trademarks, brands, text, images, graphics, product reviews, video and audio, and their design and arrangement, are owned by Elvare, its affiliates or licensors. They are protected by Australian and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent.

Elvare's name, logos, product names, designs and slogans are trademarks of Elvare or its affiliates or licensors, and you must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos and trademarks on the Services belong to their respective owners.

SECTION 8 – THIRD-PARTY TOOLS AND LINKS

The Services may include tools, content or links provided by third parties, which we do not monitor or control. These are provided "as is", without any warranty or endorsement, and your use of them is at your own risk. Please review the third party's terms and policies before using their tools or making any transaction with them. Complaints or questions about third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Elvare is powered by Shopify. However, all sales and purchases in our store are made directly with Elvare. Shopify is not responsible for any aspect of sales between you and Elvare, including any injury, damage or loss resulting from purchased products. You release Shopify and its affiliates from all claims, damages and liabilities arising from your purchases and transactions with Elvare.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and other third parties, which may be located outside your country of residence, in order to provide services to you.

SECTION 11 – FEEDBACK AND REVIEWS

If you submit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial use.

You represent and warrant that:

you own or have the necessary rights to your Feedback;
you have disclosed any compensation or incentives you received in connection with it;
your Feedback is honest and reflects your genuine experience; and
your Feedback does not violate any third party's rights or contain unlawful, abusive, obscene or malicious content.

We have no obligation to keep Feedback confidential, pay for it, or respond to it. We may, but are not obliged to, monitor, edit or remove Feedback that we reasonably determine is unlawful, offensive, defamatory or in breach of these Terms. You must not use a false email address, impersonate anyone else, or mislead us or others about the origin of any Feedback.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct these, update information, or cancel orders if information is inaccurate, including after you have submitted your order. If we cancel an order you have paid for, we will refund you in full.

SECTION 13 – PROHIBITED USES

You may use the Services for lawful purposes only. You must not use the Services, directly or indirectly, to:

break any law or regulation;
infringe our or anyone else's intellectual property rights;
harass, abuse, defame or harm any person;
transmit false or misleading information;
send spam or unsolicited promotional material;
impersonate any person or entity; or
do anything that restricts others' use of the Services, or that may harm Elvare, Shopify or other users, or expose them to liability.

You also agree not to:

upload or transmit viruses or malicious code;
reproduce, copy, sell or exploit any part of the Services;
collect or track others' personal information;
phish, spider, crawl or scrape the Services; or
interfere with or circumvent the security features of the Services.

We may suspend or terminate your account if we reasonably determine that you have breached these Terms.

SECTION 14 – TERMINATION

We may terminate these Terms or your access to the Services if you breach these Terms or if we stop operating the Services. You remain liable for all amounts owed up to the date of termination.

Any provisions that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification and Governing Law.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information on the Services is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness.

To the extent permitted by law, and except as expressly stated by Elvare, the Services are provided "as is" and "as available", without any representations, warranties or conditions of any kind, whether express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law and other applicable consumer protection laws. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under those laws.

SECTION 16 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Elvare, Shopify and our respective directors, officers, employees, affiliates, agents, contractors and service providers are not liable for any indirect, incidental, special or consequential loss or damage arising from your use of the Services or any products purchased through them. This includes lost profits, lost revenue, lost data and replacement costs.

Where our liability for a breach of a consumer guarantee cannot be excluded but can be limited, our liability is limited, at our option, to:

replacing the product or supplying an equivalent product;
repairing the product; or
paying the cost of replacing or repairing the product.

Nothing in this section limits your rights under the Australian Consumer Law or other applicable consumer protection laws.

SECTION 17 – INDEMNIFICATION

You agree to indemnify Elvare, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party arising from:

your breach of these Terms;
your violation of any law or the rights of a third party; or
your misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law. Any unenforceable part will be severed without affecting the rest of these Terms.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not waive that right or provision.

These Terms, together with any policies we post on the Services, form the entire agreement between you and us regarding your use of the Services. They replace any prior agreements or communications.

SECTION 20 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations under these Terms, provided this does not reduce your rights.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia. You and Elvare submit to the non-exclusive jurisdiction of the courts of Queensland. This does not remove any rights you have under the mandatory consumer laws of your country of residence.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THESE TERMS

We may update these Terms from time to time. The current version will always be available on this page.

SECTION 24 – CONTACT

Questions about these Terms can be sent to supportelvare@gmail.com.