Terms of Service

Overview

This website is operated by Ellie Smooth. Throughout the site, the terms "we", "us", and "our" refer to Ellie Smooth. Ellie Smooth offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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 of this agreement, then you may not access the website or use any services.

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., who provide us with the online e-commerce platform that allows us to sell our products to you.

Section 1 — Online store terms

By agreeing to these Terms of Service, 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 a minor dependent to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of these Terms will 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 (not including credit card information) may be transferred unencrypted and involve transmissions over various networks, and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

Headings used in this agreement are for convenience only and do not limit or affect these Terms.

Section 3 — Accuracy, completeness, and timeliness of information

We are not responsible if information on this site is not accurate, complete, or current. Material on this site is provided for general information only and shouldn't be relied on as the sole basis for decisions. Any reliance on this material is at your own risk.

This site may contain historical information, which is provided for reference only. We reserve the right to modify the contents of this site at any time, with no obligation to update information. You agree it's your responsibility to monitor changes to our site.

Section 4 — Modifications to the service and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service without notice. We're not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 — Products or services

Certain products may be available exclusively online. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We've made every effort to display our products' colors and images as accurately as possible. We can't guarantee your monitor's display of any color will be accurate.

We reserve the right, but aren't obligated, to limit sales of our products to any person, geographic region, or jurisdiction, on a case-by-case basis. We reserve the right to limit quantities of any products we offer. All descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

We don't warrant that the quality of any products, services, or information purchased will meet your expectations.

Section 6 — Accuracy of billing and account information

We reserve the right to refuse any order, and to limit or cancel quantities purchased per person, household, or order — including orders placed under the same account, credit card, or billing/shipping address. If we change or cancel an order, we may attempt to notify you via the email and/or phone number provided at checkout.

You agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account information so we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

Section 7 — Optional tools

We may provide access to third-party tools over which we have no control. Such tools are provided "as is" and "as available," without warranties of any kind, and we have no liability arising from your use of them. Use of any optional third-party tools is at your own risk and discretion.

Section 8 — Third-party links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We're not responsible for examining or evaluating their content and won't have any liability for third-party materials, products, or services.

We're not liable for any harm related to your use of third-party websites. Please review third-party policies carefully before engaging in any transaction with them.

Section 9 — User comments, feedback, and other submissions

If you send us comments, suggestions, or other materials, you agree that we may edit, copy, publish, distribute, translate, and otherwise use them in any medium, without obligation to maintain confidentiality, provide compensation, or respond.

We may, but have no obligation to, monitor, edit, or remove content we determine to be unlawful, offensive, or otherwise objectionable.

You agree your comments won't violate any third-party right, contain unlawful or obscene material, or contain malware. You're solely responsible for your comments and their accuracy.

Section 10 — Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 — Errors, inaccuracies, and omissions

Occasionally there may be typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or cancel orders if information is inaccurate, even after you've submitted your order.

Section 12 — Prohibited uses

You're prohibited from using the site or its content: for any unlawful purpose; to violate any regulations or laws; to infringe on intellectual property rights; to harass, abuse, or discriminate against anyone; to submit false information; to upload viruses or malicious code; to collect others' personal information without consent; to spam, phish, or scrape; for any obscene purpose; or to interfere with the security of the Service. We reserve the right to terminate your use of the Service for violating any prohibited use.

Section 13 — Disclaimer of warranties; limitation of liability

We don't guarantee that your use of our service will be uninterrupted, timely, secure, or error-free, or that results obtained will be accurate or reliable.

The Service and all products delivered through it are provided "as is" and "as available," without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Ellie Smooth, our directors, officers, employees, affiliates, agents, and service providers shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or any product, even if advised of the possibility of such damages. Where jurisdictions don't allow this limitation, our liability shall be limited to the maximum extent permitted by law.

Section 14 — Indemnification

You agree to indemnify and hold harmless Ellie Smooth and our affiliates, officers, directors, agents, and employees from any claim or demand, including reasonable legal fees, arising from your breach of these Terms or violation of any law or third-party right.

Section 15 — Severability

If any provision of these Terms is found unlawful or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

Section 16 — Termination

These Terms are effective unless terminated by you or us. You may terminate at any time by ceasing to use our site. If we determine you've failed to comply with any provision, we may terminate this agreement at any time without notice, and you'll remain liable for all amounts due up to the termination date.

Section 17 — Entire agreement

Our failure to exercise or enforce any right or provision shall not constitute a waiver. These Terms, along with any policies posted on this site, constitute the entire agreement between you and us, superseding any prior agreements.

Section 18 — Governing law

These Terms of Service shall be governed by and construed in accordance with the laws of Australia.

Section 19 — Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting changes to our website. It's your responsibility to check periodically for changes. Continued use of the site following any changes constitutes acceptance.

Section 20 — SMS marketing and consent

By providing your mobile phone number through any form on our website, including pop-ups, checkout pages, or when placing an order, you consent to receiving SMS marketing messages from Ellie Smooth. This may include promotions, updates, and offers related to our products.

Your consent to receive SMS messages isn't a condition of purchase, and you may opt out at any time by replying "STOP" to any message. Standard message and data rates may apply.

By opting in, you confirm the phone number provided is accurate and that you're authorized to receive SMS messages at that number.

For questions about SMS marketing, contact us at hello@elliesmooth.com.

Section 21 — Contact information

Questions about these Terms of Service should be sent to us at hello@elliesmooth.com.