Terms and Conditions of Use

​

This website is operated by Eleganza Botanica LLC dba Eleganza Botanica (“Eleganza Botanica,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, the “Terms of Use”) govern your access to and use of our websites that display or link to these Terms of Use (including eleganzabotanica.com, also called the “Site”), including any content, functionality, and services offered on or through this Site, whether as a guest or a registered user. These Terms of Service apply to all users of the Site, including users who are browsers, vendors, customers, or merchants, and by visiting the Site or purchasing something from us, you agree to be bound by these Terms of Use.

​

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMER CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE. THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

Eleganza Botanica LLC reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued use of the Site after the effective date of any changes is deemed acceptance of the revised Terms of Use. For this reason, we encourage you to review these Terms of Use each time you visit the Site.

​

By agreeing to these Terms of Use, you certify that you are 18 years of age or older. If you are under the age of 18 but are at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Individuals under the age of 18 are not permitted to purchase products from the Site without the supervision of a parent or legal guardian. 

 

Terms of website use

This page and the documents referred to on it tells you the terms and on which you may make use of the Eleganza Botanica LLC website whether as a guest or a registered user. Please read these Terms and Conditions carefully before you start to use the Site. If you do not agree to any of these terms and conditions, you are not authorized to use this website (eleganzabotanica.com), which you should exit immediately.

​

No contract exists between you and Eleganza Botanica LLC for the sale of any goods until Eleganza Botanica LLC has received and accepted your order and sends you written confirmation confirming your order to the address or email address you have given. Once Eleganza Botanica LLC does so, there is a binding legal contract between us. Any goods on the same order which we have not confirmed or dispatched to you do not form part of that contract.

​

The contract is subject to your rights of cancellation below.

​

This Website is intended solely for sales direct to consumers. If you are not buying as a consumer then you must not make an offer to us from this Website and in any event, you will not be entitled to any compensation for damages or consequential or indirect losses.

​

If you order goods where a minimum age requirement is indicated, by ordering you confirm that you are of the required age.

​

Eleganza Botanica LLC may change these terms and conditions of sale without notice to you in relation to future sales. 

 

Privacy policy

Please review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices. 

 

Language

This contract shall be concluded in exclusively in English. 

 

Disclaimers

Eleganza Botanica LLC takes every care possible to ensure that product and treatment descriptions, imagery, and all other information is correct at time of publication on the site. However, though every effort is made to ensure such accuracy, Eleganza Botanica LLC does not accept responsibility for errors in content. The site will be always kept as up to date as possible; however, if product, treatment, location, or results updates have been made since our last update on Eleganza Botanica LLC’s website, some variations may occur in, although not limited to size, price, description, product results, design, packaging, and availability.

​

Eleganza Botanica LLC will do its best to ensure that the website is always available and functions correctly, but we make no warranties as to the availability or accessibility of the website, and we will not be liable for any damages, loss, costs, or expenses incurred by you because of any lack of availability or accessibility of the website. 

​

Our Liability

The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy.

​

To the extent permitted by law, we expressly exclude:

• all conditions, warranties, and other terms which might otherwise by implied by statute, common law, or the law of equity.

• any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue, business, contracts or profits, data, goodwill, or anticipated savings.

• wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. 

​

User Accounts, Accuracy of account information

Only you may use your Eleganza Botanica user account, and you are responsible for all activity that takes place with your user account. You are also responsible for keeping your username and password confidential. You must promptly notify us via e-mail at Ciao@eleganzabotanica.com if your password is lost, stolen, or used without permission. We reserve the right to terminate any user account in the event you fail to comply with any of these Terms of Use or our Privacy Policy. Eleganza Botanica LLC reserves the right to refuse service, terminate accounts, remove, or edit content, and cancel or limit orders, in its sole discretion.

​

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site. 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.

​

This Site may contain links to other websites that are not owned or controlled by us. Eleganza Botanica LLC has no responsibility for the content of the linked websites, nor does it necessarily endorse the linked sites or the products offered therein. We provide the links solely for your convenience. You should carefully review the terms of use and privacy policies on any third-party site. Access to any third-party sites is at your own risk and we will have no liability arising out of or related to such websites or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on, any such content, goods, or services available on or through any such third-party sites. Complaints, claims, concerns, or questions regarding third-party sites or products should be directed to the third party. 

 

Description and price of goods

The description and price of the goods you order will be as shown on this Website at the time you place your order.

​

Sometimes the product specifications of goods may change, in which case Eleganza Botanica LLC will reasonably offer you a substitute of the same or better quality at the same price. All sizes and measurements are approximate, but Eleganza Botanica LLC tries to make sure that they are as accurate as possible.

​

The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, then Eleganza Botanica LLC will inform you as soon as possible and refund or credit you for any sum that has been paid by you or debited from your credit card or other account for the goods. There may be restrictions in place from time to time in relation to the number and type of goods which you may purchase in any one order. Any such restrictions will be advised on this Website.

​

In addition to the price, you will be required to pay a delivery charge for the goods if applicable, as shown in the section of this Website about delivery. The price of goods excludes delivery.  

​

Payment

Payment for the goods and delivery charges can be made by any method shown on the Website at the time your order is placed.

​

Delivery

The goods you order will be delivered to the address you give when you place your order.

​

If delivery cannot be made to your address, the courier will inform you as soon as possible so that you may make arrangements as necessary with that courier directly. Eleganza Botanica LLC is not responsible for handling shipping and delivery issues with couriers as the customer owns their shipping accounts and must contact the couriers directly to resolve issues.

​

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will inform you of any delay as soon as possible.

​

Order cancellation

Once your order has been placed on the website, you may not cancel your order. Your order will be shipped to you and you will be billed accordingly.

​

Warranty

All goods supplied by Eleganza Botanica LLC are warranted free from defects for the prescribed time after opening (such time varies from product to product). This warranty does not affect your statutory rights as a consumer.

​

This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by Eleganza Botanica LLC  and/or failure to follow Eleganza Botanica LLC’s instructions.

​

If the goods supplied to you develop a defect while under warranty, or you have any other compliant about the goods, you should notify Eleganza Botanica LLC at your earliest convenience.  

​

Personal Data, Registration, and Online Shopping Partners

You guarantee that the personal information which you provide when you register on the website and its associated shopping sites is true, accurate, and current in all respects. See our Privacy Policy regarding the treatment of your personal information.

​

When registering on EleganzaBotanica.com you accept and agree that your personal data provided during registration will be sent to our American database. We do not sell your data and do not let other companies have access to our database. If you do not agree to your data being held in the USA, please do not register with us. Once you shop and purchase online at EleganzaBotanica.com, you agree to abide by our terms and conditions and privacy policy. Eleganza Botanica LLC may also contact you through email communication unless you opt out accordingly which you may do at any time by clicking ‘unsubscribe’ on your most recent email or by emailing Ciao@EleganzaBotanica.com . 

​

You are responsible for maintaining the confidentiality of your account and password and taking all reasonable measures to prevent unauthorized access to your account. You accept responsibility for all activities within your account or activities that affect your password. You must contact us immediately if you believe that your password has become known to somebody else or may be used in any way that is has not be authorized by you. If you forget your password, we will reset it upon your request and send it to the email address you specified when you registered, simply contact Ciao@EleganzaBotanica.com .

​

When you visit this Website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

​

If your personal information changes or you would like to cancel your account then please notify us by contacting Customer Service at Ciao@EleganzaBotanica.com .

​

Customer service will aim to respond to all queries withing two working days. Eleganza Botanica LLC provides access to the site on a temporary basis and reserves the right to withdraw or amend the service provided on our site without notice and/or ceasing accounts without prior notice.

​

Copyright

The Eleganza Botanica LLC website and its entire content belong to Eleganza Botanica LLC, including copyright in all content including pictures, designs, logos, photographs, text and other materials owned, controlled, or licensed to suppliers. They are protected by copyright, trademarks, and all other intellectual property rights. Unauthorized use of this content is prohibited, and will be discovered and prosecuted to the fullest extent of the law. The trademarks in our name and logos are protected by copyright laws and treaties around the world. All such rights are reserved. Eleganza Botanica LLC is a registered trademark.

​

Reproduction of part or all the contents in any form is strictly forbidden. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged and agreed upon via written consent before usage or quotation in any form. 

​

Links

These terms and conditions only cover this Website. Any links within this Website to other websites are not covered by this policy and we accept no responsibility or liability for the content of websites which are not under our control. 

​

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any reason deemed to be beyond our reasonable control. This condition does not affect your statutory rights. 

​

Applicable law

These terms of sale and the supply of the goods shall be governed in accordance with the laws of the USA. Any dispute arising under these terms of sale and the supply of goods shall be subject to the exclusive jurisdiction of the USA courts and the parties waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum. 

​

LIMITATIONS ON IMPLIED WARRANTIES / LIMITATIONS OF LIABILITY

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE PROVIDED BY ELEGANZA BOTANICA LLC ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, OR MATERIALS INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEGANZA BOTANICA LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

​

IN NO EVENT SHALL ELEGANZA BOTANICA LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS OF USE, WITH OUR PRIVACY POLICY, OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.