1. General Provisions
Business Information
Elixane specializes in women’s formal wear and evening dresses. Our website is operated from the United States.
Modification of Terms
We reserve the right to update, modify, or replace any part of these Terms at any time without prior notice. Changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically. Your continued use of our website following the posting of any changes constitutes acceptance of those changes.
Refusal of Service
We reserve the right to refuse service to any person for any reason at any time.
2. Account Registration and Responsibilities
Eligibility
By using our website, you represent that you are at least 18 years of age or the age of majority in your state or province of residence.
Account Information
When you create an account with Elixane, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
Unauthorized Use
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Elixane shall not be liable for any loss or damage arising from your failure to protect your account information.
3. Orders and Pricing
Product Descriptions
We strive to display our formal wear and evening dresses as accurately as possible, including colors, fabrics, and sizing. However, we cannot guarantee that your device’s display of any color or detail will be accurate. Size charts are provided as general guides; individual body measurements vary, and we do not guarantee a perfect fit for every customer.
Pricing
All prices are listed in United States dollars (USD). We reserve the right to change prices at any time without notice. Such changes will not affect orders that have already been confirmed.
Order Acceptance
We reserve the right to refuse or cancel any order for any reason, including but not limited to:
- Product unavailability
- Errors in pricing or product information
- Suspected fraud, unauthorized transactions, or violation of these Terms
If we cancel an order after you have been charged, we will issue a full refund to your original payment method.
Payment
All payments must be made at checkout using an accepted payment method (e.g., credit card, debit card, digital wallet). By placing an order, you represent and warrant that the payment information you provide is valid and that you are authorized to use the selected payment method.
4. Shipping and Delivery
Shipping terms are governed by our Shipping Policy, which is incorporated into these Terms by reference. Key provisions include:
- Orders are processed within 1–2 business days.
- Shipping costs and delivery estimates are provided at checkout.
- Risk of loss and title for products pass to you upon delivery to the carrier.
- Elixane is not responsible for delays caused by carriers, weather, or other events beyond our reasonable control.
For complete shipping details, please review our Shipping Policy.
5. Returns, Exchanges, and Refunds
Return terms are governed by our Return Policy, which is incorporated into these Terms by reference. Key provisions include:
- Returns must be requested within 30 days of delivery.
- Items must be unworn, unwashed, with all original tags attached.
- Final sale items are not eligible for return.
- Customers are responsible for return shipping costs unless the return is due to our error (defective, damaged, or wrong item).
For complete return details, including instructions for damaged or defective items, please review our Return Policy.
6. User Content and Reviews
Submission of Content
When you submit product reviews, comments, photographs, or other content to our website (“User Content”), you grant Elixane a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
Representations and Warranties
You represent and warrant that:
- You own or otherwise control all rights to the User Content you submit.
- The User Content is accurate and not misleading.
- The User Content does not violate any applicable laws or the rights of any third party (including intellectual property, privacy, or publicity rights).
Removal of Content
We reserve the right, but have no obligation, to monitor, edit, or remove any User Content that we determine in our sole discretion to be unlawful, offensive, defamatory, obscene, or otherwise objectionable.
7. Prohibited Uses
You are prohibited from using our website or its content for any of the following purposes:
- Any unlawful activity or in violation of any applicable laws or regulations.
- To solicit others to perform or participate in any unlawful acts.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, or discriminate against any person.
- To upload or transmit viruses, malware, or any other malicious code.
- To collect or track the personal information of others without their consent.
- To spam, phish, or engage in any deceptive practice.
- To interfere with or circumvent the security features of our website.
Violation of any prohibited use may result in immediate termination of your access to our website and legal action where appropriate.
8. Intellectual Property
All content on the Elixane website, including but not limited to text, graphics, logos, images, product designs, and software, is the property of Elixane or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from our website without our express written permission.
9. Limitation of Liability
To the fullest extent permitted by applicable law:
- Elixane shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation lost profits, lost data, or personal injury, arising out of or related to your use of our website or products, even if we have been advised of the possibility of such damages.
- Our total liability arising out of or related to these Terms or your purchase of products from us shall not exceed the amount paid by you for the product in question.
Some states or jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
10. Disclaimer of Warranties
Our website and all products are provided on an “as is” and “as available” basis without any representations, warranties, or conditions of any kind, either express or implied.
To the fullest extent permitted by law, Elixane disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that our website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
11. Indemnification
You agree to indemnify, defend, and hold harmless Elixane, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your breach of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third-party rights
- Your use of our website or products
12. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
13. Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State] and the United States, without regard to its conflict of law principles.
Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our website shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your City, Your State].
You agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
14. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Return Policy, constitute the entire agreement between you and Elixane regarding your use of our website and purchase of products, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written.
15. Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact us:
Email: [email protected]
Response time: 1–2 business days
Please include your order number or a detailed description of your inquiry to help us assist you efficiently.
