Terms & Conditions

Introduction

Welcome to our website, elecsop.shop!

These Terms and Conditions (“Terms”) govern your use of our website and online store (together, the “Site”). Please read them carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site.

Key Points

  • You must be at least 18 years of age to purchase products on our Site.
  • Your purchase constitutes an offer to buy, which we may accept by sending you a confirmation email. Only once we send you this confirmation email is there a binding contract of sale between you and us.
  • All prices are listed in United States Dollars (USD $). You are responsible for any applicable sales tax.
  • We make shipping and delivery estimates in good faith but cannot guarantee them. We are not liable for any shipping delays.
  • You own the products once we deliver them to you. We retain ownership over all content on the Site.
  • We make reasonable efforts to accurately display colors, inventory and pricing on the Site. In the event of errors, we are not liable.
  • You may only use content from the Site as permitted in these Terms. You cannot otherwise copy, reproduce, distribute, create derivative works from, alter or otherwise commercially exploit any content without our written permission.
  • We make no warranties or guarantees about the Site or products besides those required by law.
  • We are not liable for damages that arise from your access or use of the Site.
  • You indemnify us for any losses or costs related to third party claims related to your use of Site.
  • You are responsible for maintaining confidentiality of your account and password. We are not liable for any harm related to your failure to do so.
  • We may terminate your account or your access to the Site at any time for any reason.
  • We may change these Terms at any time. Changes apply to any ongoing or future uses from date of change.

Please read all the provisions in these Terms carefully. They are important to both you and us.

By accessing any part of the Site, you indicate that you accept and agree to be bound by these Terms in full. Do not access or use the Site if you disagree with any part of the Terms.

These Terms contain limitations of our liability and your remedies. These terms also contain an agreement that applicable laws do not allow limitations that are prohibited. By accessing the Site, you acknowledge and accept these terms.

1. Intro

elecsop.shop (“we”/”us”/”our”) provides an online store and other services to you through our website at elecsop.shop and related domains and subdomains (collectively, the “Site”).

These Terms of Use (“Terms”) govern your use of the Site and form a binding contractual agreement between you and us. Please read them carefully before accessing or using our Site.

By accessing any areas of the Site, you agree to be bound by these Terms. If you do not agree with any part of the Terms, do not access or use our Site.

1.1. Contractual Relationship

You agree that by accessing or using the Site, you are entering into a legally binding contract with us. Your use of the Site signifies that you have read, understood, and agreed without limitation or qualification to be bound by these Terms.

Do not access or use the Site if you do not agree to the Terms in full.

You can print a copy of these Terms for your records using your browser’s print function.

We may change these Terms at any time for any reason, at our sole discretion. We will indicate that changes have been made by updating the date at the top of the Terms. Any changes become effective immediately upon posting on the Site. Your continued use of the Site after a change signifies that you have read, understood, and agreed to those changes.

1.2. Eligibility

You must be at least 18 years of age to access or use any part of the Site. By accessing or using the Site, you represent and warrant that:

  • You are at least 18 years old,
  • All registration information you submit is truthful and accurate, and
  • Your use of the Site does not violate any applicable law or regulation.

If you do not meet these requirements, you must not access or use the Site.

1.3. Definitions

“Customer” means a User who submits an Order through the Site.

“Order” means a request submitted by a Customer to purchase one or more Products through the Site.

“Product(s)” means the items we offer for sale on the Site.

“User” refers to any individual or entity that uses the Site.

2. Access and Use of the Site

2.1. License

Subject to your complete and ongoing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site solely in accordance with these Terms.

You agree not to access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit our Site or any of its content for any commercial purpose without our express written consent.

2.2. Age Restrictions

You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may not under any circumstance or for any reason use the Site.

2.3. Account Registration

We may allow or require you to register for an account to place orders or access certain features or functionality. If you register for an account, you represent and warrant that:

  • All required registration information you submit is truthful and accurate; and
  • You will maintain the accuracy of such information.

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. We reserve the right to terminate your account or your access to the Site at any time for any reason.

2.4. Order Process

The Site allows you to place binding orders to purchase Products from us. You agree to only submit Orders that you have authority to enter into and intend to purchase.

You may only cancel unfulfilled Orders pursuant to our Order cancellation policy posted on the Site. Once fulfilled, all sales are final. See Section 5 for more details on shipping, delivery, and returns.

2.5. Modification and Termination

We reserve the right, at any time, without notice, and for any reason, to modify, discontinue, temporarily or permanently, cease providing access to, or remove, the Site.

We are not liable for any harm related to any modification, suspension, or termination of the Site or your access.

2.6. Other Conditions

Your use of the Site is subject to all applicable laws and regulations. You are solely responsible for your conduct while accessing and using our Site and for any consequences thereof.

You may only use the Site as permitted by applicable law. We reserve the right to limit your activities on the Site if you are in breach of these Terms, infringing any intellectual property rights, violating any applicable law or regulation, or for any other lawful reason.

3. User Content

3.1. User Content

The Site may allow you to upload content to the Site, including messages, reviews, photos, videos, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site.

You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site.

3.2. License Grant to Us

By posting or publishing User Content, you grant us an unlimited, worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up license under any and all intellectual property rights that you have or may have in the User Content to access, use, copy, modify, make available, prepare derivative works of, distribute and otherwise exploit that User Content in any manner that we choose, in our sole discretion.

3.3. License Grant to Other Users

By posting User Content to publicly accessible areas of the Site, you grant all other users of the Site an unlimited license to access and use that User Content, in any manner permitted by the Site’s functionality.

3.4. User Content Compliance

You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Site.

You agree that User Content will:

  • Not be fraudulent, tortious, or contain any viruses or other harmful code or component;
  • Not violate any law, contain any defamatory or obscene material, or contain any confidential information of a third party;
  • Not violate or infringe any intellectual property rights, rights of publicity, or privacy rights of any person or entity; and
  • Comply with our Content Guidelines below.

We do not endorse or control User Content and make no guarantee as to its accuracy or quality. User Content is not reviewed before being posted and we have no obligation to monitor User Content.

However, we reserve the right to review User Content after it is posted and to take any action that we deem appropriate, including removing or deleting any User Content at any time with or without notice.

3.5. Content Guidelines

You agree that User Content complies with the following content guidelines:

  • Is Truthful and Non-Misleading. User Content may not be untruthful, inaccurate or misleading.
  • Respects Privacy. User Content may not violate any person’s reasonable expectation of privacy, for example, by including personal information of third parties without consent.
  • Does Not Infringe. User Content may not infringe or violate any intellectual property rights, rights of publicity or privacy of others.
  • Is Not Offensive. User Content may not be offensive, profane, vulgar, obscene, or otherwise inappropriate as determined by us in our sole discretion.
  • Complies With Law. User Content may not violate any applicable law or regulation.

4. Intellectual Property Rights

4.1. Site IP

The Site and all of its original content, features, and functionality, are owned by us and our licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

We reserve all rights not expressly granted in these Terms. You may not use our copyrights, trademarks, patents, or any other intellectual property except with our express written consent or as permitted under these Terms.

4.2. Our Trademarks

Our name, logo, and the product names associated with our Site and Services are our trademarks or service marks, including marks protected under common law. All use of our trademarks must be with our prior permission and must comply with our trademark guidelines. Other names and logos appear on our Site for the sole purpose of identification of third party goods and services. The use of these Trademarks by third parties is prohibited without express written permission.

4.3. Your IP License to Us

You retain ownership over any intellectual property rights that you have in the User Content you create and post on the Site.

However, by making any User Content available on the Site you automatically grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free license under your intellectual property rights to access, use, copy, modify, make available, prepare derivative works of, distribute and otherwise exploit that User Content in connection with operating and providing the Site and Services, in any formats now known or hereafter developed.

We will only use User Content as permitted by you or as reasonably required to operate the Site and provide Services.

5. Purchases, Shipping, Returns

5.1. Orders

When you place an Order through the Site, you are offering to purchase the indicated product(s) from us. All Orders are subject to acceptance or rejection at our sole discretion.

We may choose not to accept Orders that you place for any lawful reason, include due to errors or inaccuracies in product or pricing information related to the order.

Orders are binding contracts only once we send you an Order Confirmation.

The specifics of each purchase transaction are controlled by our order processing system and the Order Confirmation email we send you after receipt of an Order. Please check Order Confirmations carefully for product specifics, pricing, total costs, delivery estimates, and other details. Contact us immediately if you see any errors or discrepancies.

5.2. Product Specifications

We make reasonable efforts to accurately describe and display Products on the Site, including through photographs, descriptions, and other content. However, actual items may vary somewhat from the descriptions and images shown.

Product packaging and appearance may differ from what is shown on the Site, as we may revise or discontinue products, or update our site to more accurately reflect Products.

Colors that appear on your device screen may vary from actual Product colors depending on display characteristics.

If a Product variation is immaterial, we reserve the right to substitute the Product(s) specified in an Order for reasonably equivalent Products, as available. You will be notified by e-mail if an equivalent substitution will be made for your Order.

5.3. Pricing

All prices are listed in United States Dollars (USD $) and do not include shipping costs or applicable sales tax, unless otherwise noted. We reserve the right to adjust pricing for any products as necessary or reasonable.

We make reasonable efforts to display accurate pricing on products listed on the Site. In the event of any pricing errors, we will notify you and you will have the option to re-confirm your order at the correct price or receive a full refund.

We are not responsible for any typographical errors, inaccurate depictions, or misstatements related to pricing, product details, promotions, offers or other program details.

5.4. Shipping & Delivery

When you purchase Products on the Site, you will be provided with delivery and shipping time estimates. We make reasonable efforts to deliver Products in a timely manner but do not guarantee delivery by any dates provided.

Title to Products passes to you when delivered to the address you provide. We retain a security interest in Products until payment is received in full.

5.5. Returns

Purchases are exchangeable and refundable subject to the specific detailed exceptions listed below. Original shipping fees are non-refundable. You are responsible for return shipping costs. If you receive an incorrect or damaged product, we will provide you with a prepaid return shipping label.

To request an exchange or refund, contact us within 30 days of product delivery. Ensure you have your order confirmation handy so that we can swiftly assist you.

We cannot offer exchanges or refunds for:

  • Damages caused by improper use or unauthorized repairs
  • Buyer’s Remorse
  • Hair products if the seal is broken

Refunds will be credited to the original payment method used at time of purchase. Exchanged items will be replaced with the same product. If an equivalent replacement product is not available, you will be credited the full purchase price of the original product.

You are responsible for return shipping costs for exchanges and refunds. Products must be returned within 14 days of our issuance of a Return Authorization, and must be unused and in original packaging. We do not refund original shipping fees unless the return is due to our error.

6. Third Party Goods and Services

The Site may link out to third party websites, services, goods, or advertisements (“Third Party Content”).

  • We may also allow third parties to make products or services available on or through the Site (“Third Party Services”).
  • We do not control or endorse any Third Party Content or Third Party Services. We are not responsible or liable for the availability, content, nature, or quality of Third Party Content or Services.
  • Any dealings with third parties, including payment, deliveries, warranties, and customer service related to Third Party Content or Services are solely between you and the applicable third party.
  • If you have any issues related to Third Party Content or Services, you must address those issues directly with the responsible third party.
  • Third Party Content and Services and any opinions or statements contained within them are those solely of the third party provider and do not reflect our opinions or endorsements.

7. User Conduct

You agree you will NOT use the Site or Services to:

a) Violate any laws, regulations, industry standards or third party rights;

b) Introduce viruses, malware, spyware or other harmful code into the Site or Services;

c) Try to gain unauthorized access to the Site, user accounts or computer systems;

d) Distribute spam, junk communications or chain letters;

e) Distribute misleading or inaccurate information used to improperly influence others;

f) Copy, modify, distribute, reverse engineer or disassemble any aspect of the Site or Services;

g) Impersonate any person or entity or provide false information; or

h) Engage in any other conduct that we determine restricts or inhibits any other person from using the Site or Services, or exposes us or any third party to legal liability.

If we believe you are violating these Terms, we reserve the right, at any time without notice, to block access to the Site and Services or delete any User Content.

8. Our Content

8.1. Definitions

“Company Materials” means all materials, information, software, photos, text, graphics, layouts, designs, sound, and other content made available by us on or through the Site or Services.

Company Materials includes, for example:

  • Product information, descriptions, and images
  • Blog posts, articles, and other text content
  • Instructional videos, photographs, and tutorials
  • User Interface design and presentation
  • Underlying source code and software

“Sole Property” means property owned exclusively by us without use of third party content or intellectual property.

8.2. Ownership

The Site and all original Company Materials are our sole property or the sole property of our third party licensors. Except for User Content you own individually, all intellectual property rights in Site and Company Materials, of any kind, are our exclusive property.

You understand and agree that you do not acquire any ownership rights whatsoever by downloading, printing, or otherwise using Company Materials in any manner.

8.3. Restrictions

You may not, under any circumstance:

  • Modify Company Materials or reproduce, display, transmit, sell, rent, lease, loan, enter into a timeshare or similar arrangement, distribute, license, sublicense, or prepare derivative works based on Company Materials outside of the rights expressly granted in these Terms;
  • Copy, distribute, transfer, or otherwise make available Company Materials in any manner that could allow Company Materials to be viewed or accessed by any third party website or application;
  • Use Company Materials or any portion thereof as a trademark, service mark, trade name, logo, or other indication of source or sponsorship;
  • Falsely represent, expressly or implicitly, that you have any right or authority related to Company Materials;
  • Remove any copyright, trademark, or other proprietary rights notices in or on Company Materials;
  • Use Company Materials or any part thereof in any manner intended to harm us or our reputation; or
  • Violate any applicable laws in your access or use of Company Materials.

8.4. Acceptable Uses in General

We grant you a limited license to access and make personal use of Company Materials as presented by the Site under these Terms. This license remains in effect until termination of your access to the Site per these Terms.

You may temporarily download one copy of Company Materials to a single device solely for your personal, non-commercial home use only under the following limited conditions:

  • The download is made through standard web browser functionality (i.e. no external scrapers, bots, or download acceleration tools);
  • The download of Company Materials is for your own personal use and not for that of any third party;
  • You do not remove any trademark, copyright, or other notices contained in Company Materials;
  • You do not modify or alter Company Materials in any way after download;
  • You only make 1 printed copy of any downloadable elements of Company Materials; and
  • You do not circumvent or disable any digital rights management, security measures, access restrictions, or usage metering associated with Company Materials.

This limited license granted to you is non-transferable and non-exclusive. We reserve all rights not expressly granted in these Terms.

9. Site Availability and Use

9.1. Availability

We strive to keep the Site accessible 24/7 but cannot guarantee that the Site or any Services will operate without interruption or be error-free. The Site may be temporarily unavailable for many reasons, including:

  • Equipment malfunctions
  • Periodic maintenance
  • Repairs or upgrades
  • Power outages
  • Programming errors or changes
  • Internet disruptions and interruptions

You understand and agree that you do not have any rights or expectations that the Site will be accessible without interruption or error. We are not liable for any loss or damage related to the Site being inaccessible.

9.2 Restricted Access

We reserve the right to limit, restrict, disable, suspend, discontinue, or block any User’s access to any features or parts of the Site at any time without notice or liability to you. Restricted access may be temporary or permanent and may impact one, some, or all features or functionality.

We may restrict your access if we reasonably believe:

  • You are violating these Terms;
  • You are using the Site for an illegal purpose or in an illegal manner;
  • You are preventing others from accessing or using the Site;
  • You pose a security threat;
  • You are disrupting or degrading Site performance, functionality, or infrastructure;
  • You are interfering with the operation of the Site;
  • We are required by law, legal process, or regulations to restrict your access;
  • You have not paid amounts owed; or
  • Restriction is reasonably needed to protect our rights or property.

Where feasible, we will try to provide you advance notice of any restricted access but are not obligated to do so. We are not liable for any loss or damage arising from any restricted access scenarios described here.

9.3. Security

You are prohibited from violating or attempting to violate the security of the Site or Services, including, without limitation:

  • Accessing content or data not intended for you;
  • Attempting to probe, scan, or test the vulnerability of a system or network;
  • Breaching security or authentication measures without authorization;
  • Monitoring data or traffic without authorization;
  • Disrupting service of the Site or Services;
  • Using any automated means to access the Site or collect any data or content;
  • Introducing viruses, trojan horses, worms or other harmful code into the Site or Services;
  • Interfering with, disrupting or damaging our servers or networks;
  • Overburdening or flooding our systems with requests and activity;
  • Utilizing the Site via automated scripts when reasonable to conclude they negatively impact availability, performance, or integrity of the Site;
  • Reverse engineering any aspect of the Site or Services; or
  • Otherwise attempting to interfere with normal operation of the Site or Services.

You are responsible for configuring your information systems, devices, and computer programs to access the Site and Services in a secure manner. You should use appropriate protections such as antivirus software, firewalls, and other precautions necessary to protect your systems.

We are not liable for any loss or damage related to unauthorized access of data, security breach, or other compromise of your systems, devices, or stored information. You must promptly report any security violations to us so we may investigate and assist as reasonably feasible.

10. No Professional Advice

The Site provides general fitness, health, wellness and personal development information that is intended for informational or educational purposes only.

Content is not a substitute for professional medical advice, diagnosis or treatment or the care and services that you receive from qualified professionals who know you and your specific needs. Do not disregard, delay, or discontinue medical treatment or recommendations based on information on the Site.

Consult with your physician or other qualified medical provider before starting any new treatment, exercise regimen, diet, or fitness plan. Do not take any action based on information on the Site if it contradicts any directions, treatment plans, or instructions provided to you by a professional.

The Site is no place to get answers for specific personal health, legal or financial questions. Always consult a professional in these fields for such customized advice tailored to your exact circumstances.

11. Disclaimers and Limitations

11.1. As Is Access

This Site and related services are provided “as is” without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

11.2. No Warranties

The Site and related services are provided without any representations, warranties, or conditions of any kind except as expressly set out herein. We do not offer any express or implied marketing, fitness, or other product guarantees.

11.3. Non-Reliance

You acknowledge that you are not entering into these Terms in reliance on any representations, warranties, conditions, or collateral contracts not expressly set out herein.

11.4. Exclusions

We expressly disclaim any liability related to the Site arising under breach of contract, tort, strict liability, breach of warranties, or undertakings that may arise related to our Site or your use of it.

11.5. No Liability

Under no circumstances shall we be held liable for any delay or failure in performance beyond our reasonable direct control.

Additionally, we are not responsible or liable for any indirect, punitive, incidental, special, consequential loss or damages, including without limitation lost profits, arising out of or in any way connected with the use of the Site or Services or any linked site or service.

11.6. Release of Claims

In no event shall our maximum aggregate liability to you exceed the total sums paid by you to us under these Terms.

You hereby release us from any and all claims or liability related to:

  • Any unauthorized access, use or alteration of your data on our Site;
  • Any limitation, suspension, termination or restriction of your access per these Terms;
  • Any viruses, trojan horses, worms or other harmful code affecting your computer systems or data by using our Site;
  • Any inaccurate, misleading, offensive, illegal or dangerous content on the Site;
  • Any disclosure by you of User account access information to third parties;
  • Any interruptions, delays in transmission, loss of data, or compromise of your systems or devices arising from use of our Site; and
  • Any services, products, information, data, software, or technology obtained by you from third parties through the Site.

12. Indemnification

You agree to defend, indemnify, and hold us harmless from and against all third party claims, demands, suits, or proceedings, relating to:

  • Your access or use of the Site or Services;
  • Your User Content or other conduct through the Site or Services;
  • Your violation of these Terms or other policies we make available;
  • Your infringement on any third party rights, including intellectual property rights;
  • Harm you cause to other Users of the Site or Services; and
  • Issues or disputes arising with third parties related to your account, data, User Content or access to or use of the Site or Services.

We will reasonably notify you of any such claim or allegation subject to indemnification and cooperate with you, at your expense, in defending such claim.

13. Account Termination

We may terminate your access to and use of your account and the Site for convenience at any time and without notice or liability to you. Restricted, blocked, or disabled access may also be permanent in our discretion.

Reasons we may terminate your account access include:

  • Breach of these Terms or other policies made available to you;
  • Extended periods of inactivity;
  • Failure to reasonably cooperate with any investigation, inquiry, or request we make related to your account or activities;
  • Engaging in activities hereunder which are fraudulent, unlawful, discriminatory, or otherwise legally actionable;
  • Providing false or misleading information to us; or
  • Failure to pay fees or charges owed.

The following provisions survive termination of your account and continue in effect after termination:

  • Any outstanding payment obligations accrued prior to termination;
  • Sections regarding Ownership, Restrictions, & Indemnification;
  • Sections regarding Disclaimers, Exclusions, & Limitations of our liability;
  • Any other provisions that by their nature should reasonably continue beyond termination.

14. Governing Law

These Terms will be governed by the laws of the State of Tennessee without regard to conflict of laws principles.

With respect to any disputes or claims arising out of these Terms not subject to mandatory arbitration, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Nashville, Tennessee.

15. Arbitration

You agree that all disputes or claims arising out of or related to the Site or Services will be resolved through binding arbitration set forth herein rather than in court. This arbitration provision is governed by the Federal Arbitration Act.

This means that any dispute arising out of or relating to the Site, Services, Terms, or Products will be resolved confidentially through final and binding arbitration except that either party may bring a claim in small claims court within the county of your domicile if the dispute falls within small claims court jurisdictional limits.

The American Arbitration Association will administer arbitration under its Consumer Arbitration Rules. Arbitration fees and costs will be split evenly between you and us.

The arbitrator will have the power to award any remedies that would otherwise be available in court. The arbitrator’s award can be enforced in any court with jurisdiction.

You agree that the arbitrator cannot award damages disclaimed under the Terms and cannot apply rulings that conflict with terms of the Terms.

16. Class Action Waiver

You agree that no arbitration or proceeding can be combined or joined with any other arbitration or proceeding.

You waive the ability to participate in a class action, either as a class representative, class member, or class opponent.

17. Limitations Period

Any claim or action arising from or related to the Site or Services must be filed within one year after the cause of action arises. Otherwise, such claims are permanently barred.

18. Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part will be deemed severed and will not affect the enforceability of any remaining provisions.

19. No Waiver

Any failure by us to exercise a right or remedy provided in these Terms does not constitute acceptance, waiver, or relinquishment of that right or remedy. Default of any provision hereunder shall not be deemed a waiver or relinquishment of that provision.

20. Assignment

You may not assign, transfer or sublicense any rights or obligations under these Terms without our express written consent. We reserve the right to assign, delegate, sublicense, or otherwise transfer our rights and obligations under these Terms.

21. Modifications

We may modify these Terms at any time for any reason or no reason. Changes will be posted on this page and you will be notified of substantive changes through the services when we are able.

Your continued use of the Site constitutes acceptance of modified Terms. If you do not wish to accept the new Terms, you must immediately stop accessing the Site.

22. Entire Agreement

These Terms constitute the entire agreement between you and us regarding their subject matter and supersede any prior agreement.

23. Contact Us

Please contact us with any questions or concerns regarding these Terms.

Elecsop® Hair Dryer Brush
123 Main Street
Nashville, TN 37201
[email protected]

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