Conditions d’utilisation
Below are our general terms and conditions.
If you are an INDIVIDUAL, please refer to our GENERAL TERMS AND CONDITIONS (PART 1).
If you are a BUSINESS and you are purchasing wholesale, please refer to our WHOLESALE GENERAL TERMS AND CONDITIONS (PART 2).
PART 1: GENERAL TERMS AND CONDITIONS FOR INDIVIDUALS
OVERVIEW
This website is operated by Eli & Nev. Throughout the site, the terms “we”, “us” and “our” refer to Eli & Nev. Eli & Nev 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 (“Terms of Service”, “Terms”), including those additional terms and conditions and policies 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service 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 and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services 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 or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your 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 (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is 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 (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales 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 the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the 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 on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
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 information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Eli & Nev, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eli & Nev and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, 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 ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Turkey.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at business@eliandnev.com.
Our contact information is posted below:
ELI & NEV
business@eliandnev.com
PART 2: WHOLESALE GENERAL TERMS AND CONDITIONS
Eli & Nev is a brand owned by ELI & NEV SARL (“We”, “Us” and “Our”).
These are the terms and conditions (the “Terms”) on which We supply any of Our products (the “Products”) detailed in our catalogues, to you in your capacity as a retailer, whether you operate your business via a physical retail shop or e-commerce website. The supply of Products to you is strictly for commercial or business use or resale.
Please carefully review these terms and conditions before using our wholesale services. By placing a wholesale order with us, you consent to the following terms and conditions.
Unless otherwise agreed to in writing by Us, the following terms and conditions apply to all offers and all agreements concluded by Us. If one or more provisions in these general terms and conditions are entirely or partly void, voided or amended by Eli & Nev in a specific case, the other provisions in these general terms and conditions will remain in full effect.
SALES VENUES & ONLINE SALES:
Wholesale is available to brick-and-mortar shops, or online retailers with their own storefronts/websites. Businesses are forbidden from selling merchandise on any other online retail outlet. Products may not be sold on Amazon, Ebay, Etsy, Walmart, or Facebook Buy groups or any other channels.
We may ask you to prove the existence of your business and the sales methods that you use in order for Us to establish that you are a retailer. This may include, amongst other things, your providing to Us the address of your retail outlet and/or a digital photograph of your store front, and/or details of the URL of your website from which you operate your own e-commerce enabled webstore.
WHOLESALE PRICING
All wholesale prices are listed in USD and EUR and are exclusive of VAT.
Prices are subject to change without notice. If we find that the price of any product line is quoted incorrectly, we reserve a right to rectify such errors and omissions even if the order is already placed. We will inform the retailer about the correct price as soon as possible and will give the option to cancel the order or proceed with the order at the rectified wholesale price.
Our wholesale prices and price lists of products made available by Eli & Nev shall be deemed as Confidential Information, and to be used by retailers only. Publishing or revealing any Confidential Information disclosed to retailers is strictly prohibited without prior written consent by Eli & Nev.
PAYMENT
For pre-orders, the retailer agrees to pay a non-refundable upfront payment of 20% of the total order amount (excluding shipping). The remaining 80% and shipping costs shall be paid at the date of shipment of the goods.
We accept the following forms of payment:
- Bank wire transfer
- Credit Card
MINIMUM ORDER VALUE
The minimum order value is $250 or 250 EUR.
HOW TO PLACE AN ORDER
To place an order, please contact us at business@eliandnev.com. We will prepare a wholesale invoice and provide such to the retailer.
PROCESSING and DELIVERY TIME
We aim to fulfill orders within one to three (1-3) working days. Weekends and national holidays are not considered as working days and orders placed on those days may take longer to process.
Pre-orders will be shipped during the estimated time window provided at the time of order. Larger orders may require more time; We will provide a delivery estimate as requested. By placing an order, you agree that we shall not be liable for delays due to major events, including non-performance by third-party service providers.
The estimated delivery time for all orders is 2 to 10 business days.
SHIPPING
Shipping charged will be calculated and added to your wholesale order invoice, depending on weight, volume and destination of shipment. Packaging and handling of the purchase will be free, and the retailer shall only pay for the shipping service.
Upon receipt of your order, we will provide you with an estimated delivery date based on the estimate provided to us by the shipping company. Eli & Nev shall not be held responsible for any delivery delays.
You are responsible for payment of any taxes (including VAT), import duties, and service fees charged by the courier or local customs. You are also responsible for any registration that might be required from time to time by your local government for import (for example in Germany, LUCID registration).
SHIPPING ERRORS
Eli & Nev accepts no liability for any loss resulting from the retailer’s failure to comply with our carrier’s delivery. If the carrier has to return the shipment to us then the retailer will be liable for all shipping charges and credited for all merchandise returned in sellable condition.
RETURNS
We do not accept returns.
Please inspect all shipments upon arrival and contact us in writing within five (5) days of receipt of damaged or defective packages or discovery of such damage or defect.
It shall be the responsibility of the retailer to provide conclusive proof that they received a wrong, faulty, defective, damaged or inconsistent product. If we are convinced with the claim, a reimbursement or a replacement will be offered.
Please note that items damaged due to improper handling, misuses, or an accident, will not be accepted.
If your return is approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.
For any issues related to refunds, please contact us at business@eliandnev.com
CANCELLATIONS
Cancellations after shipping are not accepted for wholesale orders.
WARRANTY
By placing an order, the retailer agrees that Eli & Nev makes no warranty, whether expressed or implied, regarding the merchantability of any product. The retailer also agrees that Eli & Nev shall not be liable for any misrepresentation or misuse of its products by the retailer, its customers or the end users, and indemnify Eli & Nev from actions and proceedings that may emanate from such misrepresentation or misuse.
COPYRIGHTS AND BRAND ASSETS
Eli & Nev is a brand owned by ELI & NEV SARL.
Eli & Nev products hold the Eli & Nev trademark wich may not be infringed upon.
All photos are property of Eli & Nev and retailers are permitted to use for selling of Eli & Nev products only.
All Eli & Nev product photos must remain unaltered. Retailers may not alter, photoshop, or reuse photos in any way.
When reselling Eli & Nev products, retailers are prohibited from altering the products in any way – adding or removing design details, labels, etc. Products may not be rebranded.
Any photos used of Eli & Nev products taken from social media must credit the original creator of the content.
Eli & Nev may provide product images and other brand assets as requested for business promotion. Please acknowledge that all promotional and marketing materials, including but not limited to blog articles, illustrations, images and audio-visual media are fully protected by copyrights, and owned and controlled by Eli & Nev.
CHANGES & UPDATES
Eli & Nev reserves a right to modify or replace these terms and conditions to accommodate any changes in its business as required by the law. However, if these terms and conditions are substantially modified, we will publish and update and send an email notification.
