Terms & Conditions

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. 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.

2. ACCOUNT
The customer is responsible for maintaining the confidentiality of its account and password and for restricting access to its computer to prevent unauthorised access to its account. The customer agrees to accept responsibility for all activities that occur under its account or password.

The customer should take necessary steps to ensure that the password is kept confidential and secure and should inform Elle Duende immediately if it has any reason to believe that its password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. The customer shall ensure that the details which are provided to Elle Duende are correct and complete. The customer shall inform Elle Duende immediately of any changes to the information that has been provided at the time of registration.

3. TERMS OF SALE
We reserve the right to limit the quantity of any product sold, or to refuse any sale. By placing an order with Elle Duende you are offering to purchase a product, and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
All prices are inclusive of VAT. In some cases, delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘total cost’. All earrings/ ear cuffs, made-to-order and pre-order products are non-refundable.
In order to contract with Elle Duende you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. 

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.

Elle Duende offers worldwide shipping, some exclusions apply. Shipping costs are calculated at checkout, based on your shipping address. Please note that Elle Duende is not responsible for any customs fees, taxes, or duties imposed by any government authority, including any fees related to the delivery of your order, these are payable by the customer upon receipt of your items. 

5. REFUND POLICY
RETURNS - please read our full returns policy linked here which includes information on our returns, shipping returns, exchanges and refund policies.

Several types of goods are exempt from being returned or exchanged:
- Earrings / Earcuffs
- Made-to-order items
- Personalised items
- Pre-order items
- Gift-cards
To complete your return, we require a receipt or proof of purchase.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. All returns/exchanges must be approved by email.
Please do not send your purchase back to us without contacting us first. If items are sent back without prior email approval items might not reach the correct destination or could lead to being sent back to the customer.
Our returns policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange.

RETURNS SHIPPING
To return your product, please contact us at enquiries@elleduende.com and a member of our team will be able to advise and assist you on return shipping. For more information on return shipping please see our returns policy.

6. PROHIBITIONS & MISUSE
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material (commonly referred to as “spam”), or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Elle Duende will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Elle Duende will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

7. PRICING
All prices listed on the Elle Duende website are in UK pounds, and are subject to change without notice. All prices are correct at time of publishing and include VAT. It may be necessary to change prices either up or down, from time to time. Any price changes will be confirmed to you at the time of ordering. Elle Duende is not responsible for any taxes, duties, or other charges imposed by any government authority, including any customs fees, which may arise from the delivery of your order.
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.

8. JEWELLERY IMAGES AND DESCRIPTIONS
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 Return Policy: [RETURN POLICY]

We have made every effort to display as accurately as possible the colours 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. Digital photography has been used and in some cases colours may be slightly different in real life.

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 any time 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.

9. 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.

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.

11. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [PRIVACY POLICY]

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.

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.

13. INDEMNITY
You agree to indemnify and hold harmless Elle Duende, officers, employees, consultants, agents, and affiliates, from any and all third party claims, demand, liability, damages and/or costs, (including but not limited to, legal fees) made by any third party due to or arising out of your breach of the terms and conditions, or your use of this website.

14. INTELLECTUAL PROPERTY
All content on the Elle Duende website, including but not limited to text, graphics, logos, images, and software, is the property of Elle Duende or its content suppliers, and is protected by United Kingdom and international copyright laws. You may not use any content on the website without prior written consent from Elle Duende.

15. DISCLAIMER OF WARRANTIES
Elle Duende makes no representations or warranties of any kind, express or implied, as to the operation of the website, or the information, content, materials, products, or services included on the website. You expressly agree that your use of the website is at your sole risk.
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 ELLE DUENDE, 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.

16.GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

17. STATUTORY RIGHTS
Your UK statutory rights are not affected by our returns policy.

18. NEWSLETTER AND PROMOTIONAL CONTACT
Your sign up to our monthly newsletter via e-mail allows us to contact you for Elle Duende monthly newsletters and any other Elle Duende promotional newsletters. If you would like to receive the monthly Elle Duende newsletter as well as any promotional Elle Duende newsletters, let us know by email at enquiries@elleduende.com

19. LIMITATION OF LIABILITY
Elle Duende will not be liable for any damages of any kind arising from the use of the website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

20. MODIFICATIONS
Elle Duende reserves the right to modify these Terms at any time, without notice. Your continued use of the website after any modification to these Terms constitutes your acceptance of the modified Terms.

21. TERMINATION
Elle Duende reserves the right to terminate your access to the website, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
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).

22. FORCE MAJEURE
Elle Duende will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to, acts of God, war, terrorism, natural disasters, labor disputes, and supplier or carrier issues.

23. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Elle Duende regarding the use of the website and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and Elle Duende.
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.

24. SEVERABILITY
If any provision of these Terms is held to be invalid, 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.

25. 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 United Kingdom.

26. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at enquiries@elleduende.com

Elle Duende, 86-90 Paul Street, London, EC2A 4NE
(This address should not be used to send jewellery to, it is solely for written correspondence, for returns please see returns policy.)