Terms of service
Overview
Welcome to Elemurus Precious! The terms “we,” “us,” and “our” refer to Elemurus Precious. Elemurus Precious operates this store and website, including all related information, content, features, tools, products, and ordering services, to provide you, our customer, with a curated shopping experience (the “Services”). Elemurus Precious is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with the policies referenced here (the “Terms of Service” or “Terms”), explain your rights and responsibilities when using the Services. Please read them carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.
By visiting, accessing, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or the Privacy Policy, do not use or access our Services.
Section 1 — Access and Accounts
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or region where you reside and that you consent to allowing any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.
Section 2 — Our Products
We make every effort to accurately display the products and services in our online store. Please note, however, that colors and product appearances may differ from what you see on your screen depending on the device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match its description or presentation in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Elemurus Precious reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Elemurus Precious confirms its acceptance. We must receive and process payment before an order is accepted. Please review your order carefully before submitting it, as Elemurus Precious may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided when the order was placed.
Purchases are eligible for return or exchange only in accordance with our Refund Policy [link].
You represent and warrant that products you purchase are for your own personal or household use and not for commercial resale or export.
Section 4 — Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect when the order is placed and will be stated in the order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, customs duties, or import charges.
Prices displayed in our online store may differ from prices offered at physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions related to the Services that may affect pricing and are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the charges you incur at the displayed prices, including shipping and handling charges and all applicable taxes.
Section 5 — Shipping and Delivery
We are not responsible for shipping or delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events outside our control. Title to the products and the risk of loss pass to you when we hand the products over to the carrier.
Section 6 — Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and their design, selection, and arrangement, are owned by Elemurus Precious, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services only 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 any material from the Services. Except as expressly provided in these Terms, nothing in these Terms grants, or should be construed as granting, any license or other right under any patent, trademark, copyright, or other intellectual property of Elemurus Precious, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Elemurus Precious reserves all rights not expressly granted here.
The Elemurus Precious name, logo, product and service names, designs, and slogans are trademarks of Elemurus Precious or its affiliates or licensors. You may not use these trademarks without Elemurus Precious’s prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
Section 7 — Optional Tools
As part of the Services, we may provide you access to tools offered by third parties that we do not monitor, control, or have input into.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind. We have no liability arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms of use established by the relevant third-party providers.
We may also offer new features through the Services in the future, including new tools and resources. Such new features will be considered part of the Services and subject to these Terms of Service.
Section 8 — Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including 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. If you leave the Services to access those materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to accessing third-party websites or purchasing or using any goods, services, resources, or content available on those websites. Please carefully review the third party’s policies and practices and make sure you understand them before entering into a transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the third party.
Section 9 — Relationship with Shopify
[Note to merchant: This section accurately describes the relationship between Shopify and your store. Do not remove or modify it.]
Elemurus Precious is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through the store are conducted directly by Elemurus Precious. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Elemurus Precious, including any injury, damage, or loss arising from products and services you purchase. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Elemurus Precious.
Section 10 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, available here [link]. Certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located outside your country of residence so that we can provide the Services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy [link].
Section 11 — Feedback
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial purposes. For example, we may exercise these rights to operate, provide, evaluate, enhance, improve, and promote the Services, fulfill our obligations under these Terms, and exercise our rights.
You also represent and warrant that: (i) you own or otherwise have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive you received in connection with submitting it; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential, (2) compensate you for it, or (3) respond to it.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe any third party’s rights, including copyright, trademark, privacy, publicity, or other intellectual property, personal, or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, hateful, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties about the origin of your Feedback. You are solely responsible for the Feedback you provide and its accuracy. We assume no liability for Feedback posted by you or any third party.
Section 12 — Errors, Inaccuracies, and Omissions
Information on or within the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions; to change or update information at any time without prior notice if it is inaccurate; and to cancel orders, including after you have submitted an order.
Section 13 — Prohibited Uses
You may access and use the Services only for lawful purposes. You must not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, local, or state regulation, rule, law, or local ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, threaten, or injure our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or solicit advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as we determine, may harm or expose Elemurus Precious, Shopify, or users of the Services to liability.
You further agree not to: (a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) track another person’s personal information; (d) spam, phish, defraud, or use the Services under false pretenses; (e) use robots, spiders, scraping, data-gathering or extraction tools, automated devices or processes, AI tools (including agentic AI), or other automated or manual means to access the Services; or (f) interfere with or circumvent security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. If we determine that you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without notice.
Section 14 — Agents
14.1 This section (the “Agent Terms”) applies if you use, authorize, enable, or deploy an agent to access, use, or interact with the Services. An “Agent” is software or a service capable of taking autonomous or semi-autonomous actions on behalf of, or at the direction of, a person or entity, without direct supervision, including through that person’s or entity’s device.
14.2 An Agent may not access, use, or interact with the Services unless it identifies itself at all times and operates in strict accordance with the requirements of Section 14.4 below. Further, if we request that an Agent refrain from accessing, using, or interacting with any Services, it must not do so.
14.3 We may use technical or other means to limit whether and how Agents access, use, or interact with the Services.
14.4 An Agent must: (i) identify every HTTP/HTTPS request as originating from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: “Agent/[Agent Name]”; (ii) not conceal or obscure that its access, use, or interaction originates from an Agent, including by (a) mimicking human behavior or interaction patterns or (b) completing or circumventing CAPTCHA or other measures designed to distinguish computers from humans; (iii) respond truthfully to questions or prompts intended to determine whether an interaction is from a human or a computer; and (iv) not circumvent measures intended to block, restrict, modify, or control whether or how an Agent accesses, uses, or interacts with the Services.
Section 15 — Termination
We may, in our sole discretion, terminate this agreement or your access to the Services, or any part of them, at any time without notice. In that event, you remain liable for all outstanding amounts up to and including the termination date.
The following sections will continue to apply after 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 16 — Disclaimer of Warranties
Information provided on or through the Services is for general informational purposes only. We do not guarantee its accuracy, completeness, or usefulness. You rely on such information at your own risk. We disclaim all liability arising from reliance on it by you, any other visitor to the Services, or anyone informed of its contents.
Except as expressly stated by Elemurus Precious, the Services and all products offered through them are provided to you “as is” and “as available,” without representations, warranties, or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant or represent that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions restrict or do not permit disclaimers of implied or other warranties, so the foregoing disclaimers may not apply to you.
Section 17 — Limitation of Liability
To the maximum extent permitted by law, Elemurus Precious, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors, and Shopify and its affiliates, will not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages. This limitation applies to claims arising from your use of the Services or any products obtained through them, whether based on breach of contract, tort (including negligence), strict liability, or otherwise. It includes, without limitation, losses or damages resulting from errors or omissions in content, or from your use of content or products posted, transmitted, or otherwise made available through the Services, even if we were advised of the possibility of such losses or damages.
Section 18 — Indemnification
You agree to indemnify, defend, and hold harmless Elemurus Precious, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against losses, damages, liabilities, or claims, including reasonable attorneys’ fees payable to third parties, arising from or related to: (1) your breach of these Terms of Service or documents incorporated into them by reference; (2) your violation of any law or third-party right; or (3) your access to or use of the Services.
We will notify you of a claim subject to indemnification, but a failure to notify you promptly will not relieve you of your obligations unless it materially prejudices you. We may control the defense and settlement of such a claim at your expense, including the choice of counsel. However, we will not settle a claim requiring you to undertake a non-monetary obligation without your consent, which must not be unreasonably withheld. You agree to cooperate in defending any indemnified claim, including by providing relevant documents.
Section 19 — Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, it will nevertheless be enforced to the maximum extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms of Service, and that determination will not affect the validity or enforceability of the remaining provisions.
Section 20 — Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies and operating rules we post on this site or regarding the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous oral or written agreements, communications, and proposals between you and us, including any prior versions of these Terms of Service.
Any ambiguity in interpreting these Terms of Service will not be construed against the drafting party.
Section 21 — Assignment
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without that consent is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
Section 22 — Governing Law
These Terms of Service and any separate agreements under which we provide you with Services will be governed by and construed in accordance with the laws applicable in the jurisdiction where Elemurus Precious has its principal place of business. You and Elemurus Precious consent to the venue and personal jurisdiction of the federal, state, or provincial courts in that jurisdiction.
Section 23 — Headings
The headings used in these Terms are for convenience only and do not limit or otherwise affect the scope of these Terms of Service.
Section 24 — Changes to the Terms of Service
You may review the most current version of these Terms of Service on this page at any time.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for checking our website periodically for changes. We will notify you of material changes to these Terms as required by applicable law. Those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms of Service are posted constitutes your acceptance of those changes.
Section 25 — Contact Information
Please send questions about these Terms of Service to elemurus.official@gmail.com.
Our contact information is listed below:
Elemurus Precious
elemurus.official@gmail.com