Terms of service

OVERVIEW
Welcome to Elevia! The terms “we,” “us,” and ‘our’ refer to Elevia. Elevia operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Elevia is based on Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services. 

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.
In order to use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have the full right to provide such information.
You are solely responsible for the security of your account login information and for all activity on your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online shops as accurately as possible. However, we would like to point out that the colors or appearance of the products may differ from those displayed on your screen due to the device you use to access the shop and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to remove products from our range at any time and to limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 – ORDERS
By placing an order, you are making an offer to purchase. Elevia reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted once it has been confirmed by Elevia. Acceptance of your order is conditional upon receipt and processing of your payment. Please check your order carefully before submitting it, as Elevia may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided when you placed the order.
Returns or exchanges of your purchases will only be made in accordance with our right of withdrawal. 
You represent and warrant that your purchases are for your personal use or the use of your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service is the price valid at the time of ordering and will be specified in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs, or import fees. Prices are quoted in EURO (€) and are currently exempt from sales tax in accordance with § 6 (1) Z 27 UStG (Austrian Sales Tax Act).
The prices quoted in our online shops may differ from the prices in brick-and-mortar stores or in online shops or other shops operated by third parties. From time to time, we may offer promotions for the services that may affect pricing and are subject to terms and conditions other than these terms and conditions. In the event of any discrepancy between the terms and conditions of a promotion and these terms and conditions, the terms and conditions of the promotion shall prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping providers, customs clearance, or events beyond our control. Once we have handed over the products to the shipping provider, the title and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all brands, trademarks, text, representations, images, graphics, product reviews, video and audio files, as well as their design, selection and arrangement, are the property of Elevia, its affiliates or licensors and may be protected by patent, copyright and other intellectual property laws. 
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit the material in the Services. Except as expressly provided herein, nothing in these Terms of Service grants you any licence or other rights to any patents, trademarks, copyrights or other intellectual property of Elevia, Shopify or any third party, nor may any such grant be inferred from these Terms. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Elevia.
The names, logos, product and service names, designs and slogans of Elevia are trademarks of Elevia or its affiliates or licensors. You may not use these trademarks without the prior written permission of Elevia. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be able to access customer tools provided by third parties as part of the Services, which we do not monitor, control or influence.
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 disclaim any liability arising from or related to the use of optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access at your own discretion. If you decide to leave the Services to access any third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damage caused by your access to third-party websites or by your purchase or use of any products, services, resources, or content on third-party websites. You should carefully review 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 or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Elevia is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make in our store are made directly with Elevia. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Elevia, including any injury, damage, or loss arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or in connection with your purchases and transactions with Elevia.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services is shared with Shopify and third-party providers, who may be located in countries other than your country of residence, in order to provide the Services to you. Please see our Privacy Policy for more information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as ‘Feedback’), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfil our obligations and exercise our rights under the Terms and Conditions.
You also represent and warrant that: (i) you own all Feedback content or have all necessary rights to it; (ii) you have disclosed any compensation or incentives you have received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your feedback as confidential, (2) pay compensation for your feedback, or (3) respond to your feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove any feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions.
You represent that your Feedback does not infringe any third party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, offensive or obscene statements and is free of computer viruses or other malware that could in any way affect the operation of the Services or any associated website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for your feedback and its accuracy. We take no responsibility and assume no liability for feedback posted by you or any third-party provider.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If there are any inaccuracies, we reserve the right to correct any errors, inaccuracies or omissions, change or update information, or cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or cause to be transmitted any advertising or promotional material, including ‘junk mail’, ‘chain letters’, ‘spam’ or any similar promotional material; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits the use of the Services or which, in our sole discretion, may harm or expose Elevia, Shopify or users of the Services to liability.
In addition, you agree not to: (a) upload or transmit any viruses or other types of malicious code that in any way impair the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collecting or tracking the personal data of others; (d) engaging in spam, phishing, pharming, pretexting, spidering, crawling or scraping activities; or (e) compromising or circumventing the security features of the Services or any associated website, other websites or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the Services (or any part thereof) at any time without notice at our sole discretion. You will remain liable for all amounts due up to the date of termination of the contract.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER
The information presented in or through the Services is for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such material by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY Elevia, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Elevia, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR THE CONTENT, PRODUCTS OR SERVICES PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES (OR PRODUCTS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elevia, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, paid to any third party and arising from (1) your breach of these Terms and Conditions or the documents they refer to, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced by such failure. We may control the defence and settlement of any such claim at your expense, including the choice of legal counsel, but will not settle any claim that requires non-monetary obligations on your part without your consent (which may not be unreasonably withheld). You will cooperate in the defence of any claim, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision shall nevertheless remain in effect to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a finding.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and offers, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign, transfer or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer or delegate these Terms and Conditions and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial laws of the country in which Elevia has its principal place of business. You and Elevia agree to submit to the personal jurisdiction of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and shall not affect these Terms and Conditions. 

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can view the current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change or replace any part of these Terms and Conditions at our discretion by posting updates and changes to our website. It is your responsibility to check our website regularly for any changes. We will notify you of any material changes to these terms and conditions in accordance with applicable law. Such changes will take effect on the date specified in the notice. By continuing to use or access the Services after any changes to these Terms and Conditions have been posted, you agree to be bound by those changes. 

SECTION 24 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact info@eleviagym.com.
Our contact information is listed below:

Margit Glaeser 
info@eleviagym.com 

Robert-Musil-Gasse 10, 8041 Graz