top of page

GENERAL TERMS AND CONDITIONS OF USE FOR THE EMELEEVA.COM WEBSITE

1. Personal Data & Privacy Policy

The Privacy Policy governs the processing of any personal information that you provide to EMELEEVA on this Website.   

EMELEEVA may update the Privacy Policy at any time without notice by posting such updates on this Website. 

You will find the complete text of the Privacy Policy on the hyperlink labeled "Privacy and Cookies" in the “Legal” section of the footer of the Website.

Please read carefully our Privacy Policy which governs the processing of your personal information.

The Website is intended only for use by individuals 13 years of age and older. 

2. Intellectual Property

2.1.

All content and materials on the Website (drawings, designs, illustrations, photographs, soundtracks, written text, logos, trademarks, and all other intellectual property of any nature whatsoever) are the sole and exclusive property of EMELEEVA. You may not reproduce, by any means or process, in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such content or materials contained on the Website.

The "EMELEEVA" trademark, the trademark image of a bird and all other EMELEEVA related marks, names and logos, whether or not registered, displayed on the Emeleeva.com website, as well as the domain name "Emeleeva.com," are and will remain the exclusive property of EMELEEVA.  Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose whatsoever without prior, express agreement of EMELEEVA is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein.

2.2.

EMELEEVA remains the owner of the creations relating to the products displayed on the Website.

The Terms and conditions of Use and Terms and Conditions of Sale do not grant you or any other person any entitlements of any kind to the intellectual property rights held by EMELEEVA or any Emeleeva group companies.

These intellectual property rights prohibit,  inter  alias,  the  affixing  of  the  Emeleeva group trademarks and/or  its  logos,  or  the  insertion  of photos of the products or their packaging in any  material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) without express prior written approval from EMELEEVA.  You agree to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and/or similar to, and/or constituting imitations of the products displayed on the Website or derivative products within the meaning of federal and state intellectual property laws and regulations.

3. Linking

The Website may contain links to third party websites not under the operation or control of EMELEEVA. Such links are provided as a convenience only and cannot, and should not be interpreted as an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Website if expressly authorized in advance in writing by EMELEEVA.

4. Limitation of Liability

To the fullest extent permitted by applicable law, EMELEEVA will not be liable to you, or any third party, for any damages including without limitation indirect, incidental, exemplary, punitive, special or consequential damages, such as loss of profits, loss of goodwill or any other intangible losses, arising out of or in connection with your use or inability to use the Website, any content or materials on this website,  or any of the products or services offered on this website,  even if EMELEEVA has been advised of the possibility of such damages, except where such liability or damage is the direct result of the gross negligence, fraud or willful misconduct of EMELEEVA.

5. Disclaimer of Warranty

Use of and browsing in the Website are at your own risk.  EMELEEVA does not guarantee or represent that:

-the Website is free from viruses, worms, trojan horses or other destructive material;
-the information contained on the Website is accurate, complete, or up to date.

The Website may contain technical inaccuracies or other defects; EMELEEVA does not guarantee that any such defects will be corrected. The Website and its contents are provided on an "as is" and "as available" basis.  EMELEEVA expressly disclaims all warranties of any kind, whether express or implied, to the fullest extent permitted by applicable law.

6. Governing Law – Disputes

The application and enforcement of these Terms and Conditions of Use, Store Policy & General Terms and Conditions of Sale, shall each be governed by and construed in accordance with the laws of the State of Missouri, without regard to principles of conflicts of laws.  In the event of a dispute, the Federal and State courts of the State of Missouri, Clay County, shall have exclusive jurisdiction over any such dispute and you hereby agree to submit to the exclusive jurisdiction of such court to the fullest extent permitted by applicable law.  EMELEEVA shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.

7. Waiver

The failure of EMELEEVA to enforce any part of these Terms and Conditions of Use or Store Policy & General Terms and Conditions of Sale that may be applicable to your order, shall not constitute a waiver of any of EMELEEVA’s rights hereunder for past or future acts.

8. Severability

If any provision of these Terms and Conditions of Use or Store Policy & General Terms and Conditions of Sale that may be applicable to your order, are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

GENERAL TERMS AND CONDITIONS OF SALE

1. Scope and Agreement on the Store Policy & General Terms and Conditions of Sale

In addition to the General Conditions of Use of the Website and the Privacy Policy, the purchase of products offered for sale on the Emeleeva.com website (“Website”) is subject to these legally binding General Terms and Conditions of Sale. 

All these documents are available in the “Legal” section of the footer of the Website. 

Your purchase and order of products on this Website constitutes your agreement with EMELEEVA to comply with and be bound by the Terms and Conditions of Sale. 

The Website is intended for customers looking to purchase products for personal use. Purchasing products on the Website intended for commercial resale is strictly prohibited. When you purchase a product on the Website, you represent and warrant that you are purchasing the product for personal and not commercial purposes and that you do not intend to resell Emeleeva products for commercial purposes. 

EMELEEVA may update these Terms and Conditions of Sale at any time without prior notice by posting them on this Website. You can view the most current version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labeled "Terms and Conditions" in the “Legal” section of the footer of the Website. 

For each order you place on the Website, your acceptance of the Terms and Conditions of Sale in force as of the date of your order is required. The Terms and Conditions of Sale in effect at the time of your order will govern that transaction.

2. Placing an Order – Customer Account

2.1. Customer Account

You are required to create an account or log in to your existing account in order to place your order on the Website. Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. In no event shall EMELEEVA be liable for any loss, theft, or fraudulent use of your account. In such a case, you should inform EMELEEVA immediately.

 

Creating an account allows you to:

-track your deliveries and view your orders history;

-return or exchange products;

-add or change your shipping and billing addresses for future orders;

-manage your subscriptions to the newsletter.

2.2. Placing an Order

You may place your order via the Website ecommerce platform. For each product selected on the Website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to EMELEEVA for processing (see "Order Confirmation"). While every effort is taken to try to ensure that the coloring, design and style of the EMELEEVA products in the photographs displayed on the Website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer or mobile device. EMELEEVA reserves the right to reject or to cancel your order in its sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, EMELEEVA shall not be liable for any error or inaccuracy in the photographs or graphical representations of EMELEEVA products displayed on the Website. If you have any questions about the products, you may contact our Customer Service by clicking on the hyperlink labeled "Contact Us" section on the footer of the Website page. Please note that all EMELEEVA products are handcrafted and so the embroidery is done by hand and stitching may be irregular. EMELEEVA reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if EMELEEVA has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate business reason. For any exceptional order, please contact Customer Service by clicking on the hyperlink labeled "Contact Us” on the footer of the Website page.

3. Products Availability

3.1 Services related to pre-orders

Pre-orders allow customers to reserve certain Products advertised on the Website before their release date (hereinafter "pre-orders" or "pre-ordered Product"). Pre-orders can also be tailor-made items requested by the Customer and purchased upfront following a natural production queue. We manufacture on a First In, First Out basis. Keep in mind that one Emeleeva item takes on average 30 days for its full completion, so a pre-order tailor-made item will not be ready for delivery prior to 30 days after confirmation of order and payment has been processed. Pre-orders are booked through our Customer Service email or through our “Contact Us” form. You will be informed of an estimated wait time prior to concluding your tailor-made pre-order.

3.2 Purchase - Availability

Products offered for sale and displayed on the Website are subject to availability. EMELEEVA shall not be liable in case of stock outage or unavailability of products. EMELEEVA reserves the right to change the products offered for sale on the Website at any time and without notice. Details about the availability of products are provided when you place your order. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. The availability date of the pre-ordered Product will be explicitly indicated on the Product form. If the availability date changes, you will be notified immediately by email and/or on your client account. In case a product is not available after you have placed your order, we will inform you by email or by telephone as soon as possible. You will be invited to choose another available product on the Website as substitution for the unavailable product or to cancel your order. If you cancel your order, you will be refunded if your credit card or debit card has been charged.

Customized products cannot be cancelled once the order is placed.

4. Order Confirmation

After you click on the "Order and Pay" button, your order will be confirmed and submitted for processing. To confirm a pre-ordered Product or any other Product requiring a longer handling time, you must also allow EMELEEVA to retain your bank details until the product is dispatched and for a maximum duration of 2 months for the purpose of debiting once your order has been dispatched. Once submitted for processing you may not make any changes to or cancel the order, except as expressly provided in these Terms and Conditions of Sale or applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale. You will receive an order summary by e-mail. EMELEEVA reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.

All orders are subject to product availability verification. 

Orders generally process within 1 to 3 business days. Delivery times are estimated from day of shipping. You can verify the delivery status using the tracking number that will be provided to you.

5. Price Payment

All prices of EMELEEVA products are indicated in US dollars, excluding taxes and shipping costs (see "Shipping and Delivery").

EMELEEVA reserves the right to modify the prices of products offered on the Website at any time without prior notice. You will be charged the prices displayed on the Website at the time your order was confirmed provided the product ordered is available. EMELEEVA reserves the right to reject or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described. Payment is due immediately upon confirmation of your order. Credit cards and PayPal® are the only methods accepted for payment on the Website. All orders are payable in US dollars. We accept payments from all major credit cards: Visa®, MasterCard®, Discover®, AMEX®, Diners®, CUP®, JCB® and Maestro®. Your order will only be shipped once we have verified your payment method and received authorization to process your payment. You will not be charged for unavailable products in your order. Payment by PayPal®: we accept payments through Paypal®. When completing your order, you will be automatically redirected to the PayPal® platform in which you will need to log in to your account. If you do not have a PayPal® account, you will be able to create one. After the validation of your order with PayPal®, you will be redirected to the confirmation page of Emeleeva.com. Additional delivery time may be required for orders completed using PayPal®. The payment of an exchange order is subject to the conditions of Article A) within “Returns, Exchanges & Refunds” section below.

6. Shipping and Delivery - Delivery Zones

6.1. For deliveries to a physical street address:

Products will be shipped to the delivery address(es) specified during the ordering procedure provided such address(es) is(are) located within the Delivery Zone. Any delivery address located outside of the Delivery Zone will be refused during the ordering procedure. Products purchased via the Website may only be delivered to a physical street address within the Delivery Zone. 

EMELEEVA will not process any order for which a post office box or APO/FPO address is provided.

7. Shipping and Delivery - Shipping costs & Delivery Timing

You will be asked to select the shipment method you would prefer as part of the order procedure. The delivery times will vary between the method of shipping you select at checkout and when your order has been confirmed, except for pre-ordered Products for which the delivery times run from when the Products become available. Delivery costs depend on the delivery service you select: Shipping is free on all domestic US orders (Ground service). For International orders, your shipping costs will be calculated during checkout provided you specify a valid Physical Address within a valid Delivery Zone (see “Shipping and Delivery - Delivery Zones” right above). In some occasions, we may offer complimentary Worldwide shipping for all orders as part of our Customer Success Plan. Out of Delivery Area surcharges may apply. We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the Website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the products ordered.

Please allow us 3-5 business days to process your order and have it ready for shipping.

8. Delivery Time - Problems of delivery

Any failure to deliver or late delivery exceeding eight (8) business days should be reported to Customer Service as soon as possible. In order for your claim to be accepted, please notify us within ten (10) business days from the date of confirmation of your order. You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged product, etc.) by hand, if possible, on the delivery notice, and sign. If the products do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled "Returns, Exchanges & Refunds".

9. Warranty

Emeleeva warrants all new crafts manufactured by it to be free from defects in material and workmanship for a period of net forty-five (45) days from the date of shipment of your product. A product defect is understood as anything that may compromise the structural integrity and/or workmanship of the piece (sewing, beads, chain, textile, etc.), if you encounter a defect we encourage you to file a claim with us immediately thereafter so we can begin working on your request in a timely fashion. This claim can be filed via email on the “Contact us” page. If the claim qualifies and is approved as a manufacturing defect, we will arrange for you to ship the piece to our location so we can provide the necessary repair and send the product back to you in conformity. Please allow us thirty (30) calendar days from arrival receipt date for this repair to take place. You may also choose for a complete refund or store credit if you no longer want to keep the same item. Refund or store credit is processed once we confirm receipt of the item in our facility and that the item is found in its original condition as initially shipped. We will not guarantee problems resulting from the misuse of the product, our items are delicate and require care and refinement in their use.

10. Returns, Exchanges & Refunds

You may return any product ordered on the Website for exchange or refund within thirty (30) calendar days from the delivery date subjected to the terms and limitations set out below (see also sections A and B).

Returned products must be in their original condition and packaging (your inspired box with the drawstring bag and if possible, the delivery box), together with their purchase invoice or a copy in the case of a partial return. Emeleeva has sole discretion in determining whether the products purchased via the Website are in original condition when returned. Please contact us through our email on “Contact Us” page so we can process your request.

A) Exchanges:

You may exchange an item for another item of lesser, equal or greater value subject to the conditions below.

If you exchange an item for another item of greater value, you shall pay the difference in price.

If you exchange an item for another item of lesser value, you will be refunded within ten (10) business days of receipt of the item returned by crediting your debit or credit card.

If you exchange an item, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of the second delivery.

Only one exchange per item will be honored.

The following specific conditions apply to exchanges of gifts: If you received an item as a gift from the Website, you may exchange it for another item of equal or greater value only (the difference in price must be paid by you, the recipient of the gift) subject to the conditions below. No refund will be made if you exchange your gift for an item of lesser value.

B) Refunds:

If you request a refund, Emeleeva will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the product returned by crediting your debit or credit card.

11. Reservation of Title

Products remain the property of EMELEEVA until payment in full is made to EMELEEVA. In case of a payment dispute, you agree to return the received products to EMELEEVA immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.

12. Proof

The computerized data registered by the Website in the IT systems of EMELEEVA establish the terms of the transactions between EMELEEVA and its customers. In the case of a dispute between EMELEEVA and its customers relating to a transaction entered into using the Website, the data registered by EMELEEVA are the terms of the transaction and shall constitute the proof of communication, orders and payments between the parties.

13. Governing Law – Disputes

Any disputes under these General Terms and Conditions of Sale shall be governed by the Section 6 “Governing Law – Disputes” of the Terms and Conditions of Use.

bottom of page