Terms of service

GENERAL INFORMATION

Welcome to ELYSIAN NOIRE! 

The following terms and conditions, together with any policies referenced herein, these “Terms of Service” or “Terms,” describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, disclaimers, and limitation 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 agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and 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 stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the colors or appearance of a product may differ from how they are displayed on your screen due to the type of device you use to access the store and the settings of that device.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly the same as shown or presented in our online stores.

All product descriptions may be modified at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. ELYSIAN NOIRE reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until ELYSIAN NOIRE confirms its acceptance. We must receive and process your payment before accepting your order. You should carefully review your orders before completing your purchase, as ELYSIAN NOIRE may not be able to process a cancellation request after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you through the email address, billing address, or telephone number provided at the time the order was placed.

You may return or exchange your purchase only in accordance with our Refund Policy.

You represent and warrant that your purchase is for personal or household use and not for resale or commercial export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in the order confirmation sent to you by email. Unless expressly stated otherwise, published prices do not include taxes, shipping fees, handling fees, customs duties, or import charges.

Prices published in our online stores may differ from prices offered in physical stores, other online stores, or stores operated by third parties. We may, from time to time, offer promotions through the Services that may affect pricing strategies and may be governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transaction and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) the charges incurred by you will be accepted by your credit card company; and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for any shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We will not be responsible for delays caused by the carrier, customs procedures, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss are transferred to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos and audio, and the design, selection, and arrangement thereof, are owned by ELYSIAN NOIRE, its affiliate, or licensor, and are protected by U.S. and foreign patents, copyright, and other intellectual property laws.

These Terms allow you to use the Services solely for your personal and non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants, or shall be construed as granting, you any license or other rights under any patent, trademark, copyright, or other intellectual property of ELYSIAN NOIRE, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by ELYSIAN NOIRE.

The names, logos, product and service names, designs, and slogans of ELYSIAN NOIRE are trademarks of ELYSIAN NOIRE or its affiliate or licensor. You must not use such trademarks without the prior written permission of ELYSIAN NOIRE. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any functionality embedded by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.

We will not be responsible for any harm or damages related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please carefully review the policies and practices of the third party and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

ELYSIAN NOIRE operates using Shopify technology, which enables us to provide the Services to you. However, any sale or purchase made in our store is made directly with ELYSIAN NOIRE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and ELYSIAN NOIRE, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising out of or related to your purchase and transaction with ELYSIAN NOIRE.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be reviewed here. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve our Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in a country other than the one in which you reside, for the purpose of providing the Services. Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 - COMMENTS

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content, collectively referred to as “comments,” you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such comments in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentive received in connection with submitting your comment; and (iii) your comment complies with these Terms. We have no obligation: (1) to maintain your comment in confidence; (2) to pay compensation for your comment; or (3) to respond to your comment.

We may, but have no obligation to, monitor, edit, or remove comments that we determine, in our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property rights or these Terms of Service.

You agree that your comment will not infringe any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, you agree that your comment will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any comment. You are solely responsible for any comment you make and for its accuracy. We assume no responsibility for any comment posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing strategies, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have placed your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulation, rule, law, or ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Services, or that, as determined by us, may harm ELYSIAN NOIRE, Shopify, or users of the Services, or expose them to any liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping tool, data gathering and extraction tool, automated device or process, artificial intelligence tool, including agentic AI, or automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, deactivate, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section, “Agent Terms,” applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Service. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity, and that may operate on behalf of or using the device of a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3 We may limit, including through technical measures, any Agent’s access to, use of, and interaction with the Services and the manner in which it does so.

14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the Agent’s name by including the following in the user-agent field string of the request: “Agent/[agent name]”; (ii) not conceal or create confusion about the fact that any access, use, or interaction comes from an Agent, such as by (a) imitating human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) truthfully answer any question or instruction seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent or otherwise avoid any measure designed to block, limit, modify, or control whether Agents access, use, or interact with the Services and how they do so.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without prior notice, and you will remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELYSIAN NOIRE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ELYSIAN NOIRE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorneys’ fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify you shall not relieve you of your obligations unless you suffer material harm. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; 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 and any policies or operating rules posted by us on this site or with respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including but not limited to any prior versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements by which we provide Services to you shall be governed by and construed in accordance with the federal, state, or territorial courts of the jurisdiction where ELYSIAN NOIRE is headquartered. You and ELYSIAN NOIRE agree to the jurisdiction and personal competence of such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms are posted constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to hello@elysiannoire.com.

Our contact information is listed below:

ELYSIAN NOIRE
hello@elysiannoire.com
República de Uruguay 23, L 306, 06000 Mexico City, Mexico