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TERMS OF USE

OVERVIEW

This website is operated by XÉLENE. Throughout the site, the terms “we”, “us” and “our” refer to XÉLENE.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including any additional terms, conditions and policies referenced here or available by hyperlink.
These Terms of Service apply to all users of the website, including browsers, customers, vendors, merchants, contributors of content and any other users of the site.


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions stated here, you should not access the website or use our services.
Any new features, products, tools or services added to the current store shall also be subject to these Terms of Service. We reserve the right to update, change or replace any part of these Terms by posting updates on our website. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

SECTION 1 — ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country, state or place of residence, or that you have given us consent to allow any of your minor dependents to use this site.

You may not use our products, website or services for any illegal or unauthorised purpose. You must not violate any laws in your jurisdiction, including but not limited to copyright, intellectual property, privacy and consumer protection laws.

You must not transmit any viruses, worms, malware or any harmful code through our website.

A breach or violation of any of these Terms may result in immediate termination of your access to our services.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, excluding payment information, may be transferred over various networks and may be adapted to meet technical requirements of connecting networks or devices. Payment information is always encrypted and processed securely by our payment providers.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website without written permission from us.
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We aim to ensure that information on our website is accurate, complete and current. However, we are not responsible if information made available on this site is inaccurate, incomplete or outdated.


The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.


We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information on our website. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 — MODIFICATIONS TO SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify, suspend or discontinue the Service, or any part of the website, product offering or content, at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 — PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. These products may have limited quantities and are subject to return, exchange, store credit or size replacement only in line with our Delivery & Returns Policy.(hyperlink to Delivery & Returns policy)
We have made every effort to display our products as accurately as possible.

However, we cannot guarantee that your device or screen display will accurately reflect the true colour, texture, fit, finish or detail of any product.
Product images, colours, fabrics, embellishments, sizing and details may vary slightly due to lighting, photography, screen settings, production, fabric behaviour or finishing differences.


We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.


We reserve the right to limit quantities of any products or services we offer. All product descriptions, prices and availability are subject to change at any time without notice.


We reserve the right to discontinue any product at any time.

 

We do not guarantee that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, cancel or limit any order placed with us.


We may, at our sole discretion, limit or cancel quantities purchased per person, per household, per customer account, per payment card, per billing address or per delivery address.


If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers, distributors, fraudulent buyers or unauthorised commercial purchasers.


You agree to provide current, complete and accurate purchase, billing, delivery and account information for all purchases made through our store.


You agree to promptly update your account and other information, including your email address, phone number, delivery address and payment information, so we can complete your transactions and contact you where necessary.

For more detail, please review our Delivery & Returns Policy

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools, platforms, payment systems, shipping services or website features over which we do not have full control.


You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind.


We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of third-party tools offered through our website is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party provider.


We may also offer new services, tools, features or resources through the website in the future. Such additions shall also be subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

Our store may be hosted or supported by third-party e-commerce, payment, technology, and service providers who help us operate our website, sell our products, and provide our services.
Certain content, products and services available through our website may include materials from third parties.


Third-party links on this site may direct you to websites or platforms that are not affiliated with XÉLENE. We are not responsible for examining, evaluating or guaranteeing the content, accuracy, policies, products or services of any third-party website.


We will not be liable for any harm, loss or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites.


Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us creative ideas, suggestions, feedback, proposals, plans, reviews, images, videos, content, comments or other materials, whether online, by email, through social media, by postal mail or otherwise, you agree that we may use them without restriction, unless otherwise agreed in writing.
We may edit, copy, publish, distribute, translate, repost, display and otherwise use any comments or content you share with us, subject to our Privacy & Content Use Policy.


We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we consider unlawful, offensive, threatening, defamatory, obscene, abusive, misleading, harmful, or in violation of any third-party rights or these Terms of Service.


You agree that your comments or submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, image rights or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive, obscene or harmful material, or any malware or computer virus that could affect the operation of our website or services.


You may not use a false email address, pretend to be someone else, or mislead us or third parties about the origin of any comments or content.


You are solely responsible for any comments or content you submit and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

SECTION 10 — PERSONAL INFORMATION

Your submission of personal information through our website is governed by our Privacy Policy and Privacy & Content Use Policy.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, delivery fees, delivery timelines, availability, sizing or product details.


We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice, including after you have submitted your order.


We are not obligated to update, amend or clarify information on our website, except as required by law.
No specified update or refresh date on the website should be taken to indicate that all information has been modified or updated.

SECTION 12 — PROHIBITED USES

In addition to other prohibitions stated in these Terms, you are prohibited from using the website or its content:


● For any unlawful purpose
● To encourage others to perform or participate in unlawful acts
● To violate any laws, rules or regulations
● To infringe upon our intellectual property rights or the rights of others
● To harass, abuse, insult, harm, defame, slander, intimidate or discriminate
● To submit false or misleading information
● To upload or transmit viruses, malware or harmful code
● To collect or track the personal information of others
● To spam, phish, scrape, crawl or misuse the website
● For any obscene, immoral or harmful purpose
● To interfere with or bypass the security features of the website or any related service


We reserve the right to terminate your use of the website or Service for violating any prohibited use

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our website or Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.


You agree that we may remove the Service for periods of time or cancel the Service at any time without notice.
Your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered through the Service are provided “as is” and “as available”, except where expressly stated by us.
To the fullest extent permitted by law, XÉLENE, our directors, officers, employees, affiliates, agents, contractors, service providers, suppliers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind.


This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages arising from your use of the Service or any product purchased through the Service.


Where certain jurisdictions do not allow the exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless XÉLENE, including our directors, officers, employees, affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers and representatives, from any claim or demand made by any third party due to or arising from your breach of these Terms of Service, your violation of any law, or your violation of the rights of a third party.

SECTION 15 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.


The unenforceable portion shall be considered severed from these Terms, and this shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 — TERMINATION

The obligations and liabilities of the parties incurred before termination shall survive the termination of this agreement.
These Terms of Service remain effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or by ceasing to use our website.


If we believe you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services or any part of them.

SECTION 17 — ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service, together with any policies or operating rules posted by us on this website, constitute the entire agreement between you and XÉLENE and govern your use of the Service.


These Terms supersede any prior or current agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide services to you shall be governed by and interpreted in accordance with the applicable laws of the jurisdiction in which XÉLENE operates, unless otherwise required by law.

SECTION 19 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service on this page at any time.


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates on our website.


It is your responsibility to check our website periodically for changes. Your continued use of or access to our website after any changes are posted constitutes acceptance of those changes.

SECTION 20 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:
info@xeleneofficial.com