Terms & Conditions

Eleganza 

Collectible Items Terms and Conditions 

1. Terms and Conditions ("Terms")

These terms and conditions (“Agreement”) cover and govern purchasing the Goods of Collectible Items ("Goods" and\or “Items”) provided by Eleganza ("We" or the “Company”) to the Customer (referred to as the “Client" and\or "you"). These terms and conditions supersede and cancel any other oral or written agreement between the parties.

Hereinafter both refers as the parties.

2. Scope of Services

2.1. The Company agrees to provide bespoke item services for collectible items as outlined in the Goods Form.

2.2. The Client agrees to provide all necessary information, materials, and approvals required for the completion of the order.

2.3. The Client shall select an item from those displayed in the existing stock.

2.4. The Client acknowledges and agrees that any agreement, including this Agreement, between the parties for the creation of collectible items is expressly contingent upon and subject to the terms and conditions outlined in the Mother Company Agreement. This Agreement is pending approval from the Mother Company, as they will be responsible for the design, manufacture, and shipment of the goods. In the event of any conflict or inconsistency between the terms of this Agreement and the Mother Company Agreement, the terms of the Mother Company Agreement shall prevail

2.5. By engaging in the Collectible Agreement provided by the Company, the Client affirms their understanding of and agreement to the specified scope of services and the dependency of this Agreement on the terms outlined.

3. Order Process

3.1. Once the collectible details have been finalized and agreed upon in accordance with the terms outlined in the Goods Form and the Mother Company approved, the order process will commence once the payment is done.

3.2. An order is considered accepted only when the following conditions have been met:

   a. Confirmation of Order Details: The Client and the Company will confirm all order details, including design specifications, materials, and any additional requirements.

   b. Payment Acceptance: The Client must submit payment as per the agreed-upon terms.

   c. Estimated Production and Ship Date: Upon confirming the order details and receiving payment, the Company will provide the Client with an estimated production timeline and ship date.

3.3.  The Company will send an email confirmation to the Client, indicating that the order has been accepted providing the estimated ship date. This email may include relevant details such as tracking numbers if applicable.

3.4. The production timeline for collectible items may vary based on the complexity of the design and materials chosen. Generally, it is anticipated that the design, manufacture, and shipping process may take up to 8 weeks, but this is subject to change based on the unique nature of each Item.

3.5. An order inquiry, submission, or any other form of communication is not considered an accepted order until all three conditions outlined in 3.2 have been fulfilled. The Company is not responsible for fulfilling any inquiry or submission that has not progressed to become an accepted order.

3.6. The Company reserves the right to exercise its sole discretion in deciding whether to accept and process an order. Any order that is suspected to be fraudulent will not be accepted. Upon request, the Client must provide sufficient proof of identity and address verification before the Company accepts, processes, and ships the order.

Note: An adult signature will be required for delivery unless the Client requests to waive this security feature.

4. Eligibility and Client Information

4.1. Eligibility

    4.1.1. By engaging in the order process and accepting the collectible item services provided by the Company, you affirm that you meet the eligibility criteria to form a legal contract with the Company. This includes compliance with the terms outlined in this Agreement and adherence to all applicable local and international laws.

    4.1.2. If you are an individual, you must be 18 years of age or older to use our Service. Alternatively, you may engage in the order process with the approval of your legal guardian. If you are a representative of a corporation, you should only proceed with the order process if you have the legal right to represent the said corporation.

4.2. User Information

    4.2.1. To proceed with the purchase of collectible items, you are required to provide certain information. The Company is committed to protecting your private information in accordance with our Privacy Policy.

    4.2.2. By providing your personal information, including but not limited to your email address, you consent to receive Service-related notices.

    4.2.3. If you do not wish to receive further emails from us, you may opt-out by following the instructions indicated at the bottom of those emails or by contacting us through welcome@eleganzacd.com . Please note that by opting out, you may not receive updates to our Service, including updates related to this Agreement. It is your responsibility to review such updates on our website.

5. Cancellation 

5.1. Cancellation by the Client

    5.1.1. Once an order has been accepted and confirmed, the Client may request cancellation within three (3) days from the date of confirmation. Any cancellation request may be subject to additional fees.

    5.1.2. Cancellation requests must be submitted in writing to welcome@eleganzacd.com.

5.2. Cancellation by the Company

    5.2.1. The Company reserves the right to cancel an order for any reason deemed necessary. In the event of such cancellation, the Client will be promptly notified, and any payments made by the Client will be refunded in accordance with the terms outlined in the Agreement and any additional terms specified in the Goods Form.

    5.2.2. The Company shall not be liable for any loss or damages arising from the cancellation of an order for reasons within its discretion.

    5.2.3. The company is liable to cancel and refund the purchased goods in the following events:  

        a) Products are un-availabile

        b) Errors in the description or prices for Products

        c) Errors in the Order

        d) Inability to produce the customized orders due to manufactory reasons or other. 

6. Return  

6.1. Collectible items or customized artworks that cannot be returned or exchanged, these items are considered final sales. 

6.2. Returns for Damaged or Defective Items

    6.2.1. Returns will only be accepted for Designed Collectible items and specific items that are damaged or defective due to manufacturing reasons once it’s proven through pictures and other evidence. The Company reserves the right to not accept return or exchange requests for other reasons. 

    6.4.2. For return shipments, the Client is encouraged to use a trackable shipping service and follow the provided return instructions.

7.Refunds

7.1. Refunds processing will commence once the return or and the cancelation orders are confirmed.

7.2. The Company will not be responsible for any fluctuations in currency exchange rates that may impact the refund amount.

7.3. Any refund processed will be in the same form of payment originally used for the client.

7.4. The Company will strive to process refunds within 30 days. However, the Client acknowledges that the duration may vary depending on the company's policies, the payment method used, and the specific circumstances of the order.

7.5. The shipping fees and insurance cost shall not be refundable.

8. Payment

8.1. Payments

    8.1.1. Payment can be made through various payment methods we have available, such as Bank Transfer,Visa , MasterCard, Affinity Card, or American Express cards.

    8.1.2. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order

    8.1.3. Payment Should be completed 100%  to place the order.

9. Shipping

9.1. Delivery and Acceptance

    9.1.1. The Designer will deliver the final design upon completion, and the Client will have a specified period to review and provide acceptance.

    9.1.2. Acceptance is deemed upon the expiration of the review period or explicit confirmation of satisfaction by the Client.

10. Intellectual Property (“IP”) 

10.1. All intellectual property rights associated with the Eleganza website and designer items, including but not limited to trademarks, copyrights, and design rights, shall remain the exclusive property of the respective rights holders.

10.2. You agree not to modify, reproduce, or create derivative works from the designer items or their associated intellectual property without the explicit written consent of the rights holders.

10.3. You acknowledge and respect the intellectual property rights of Eleganza and the designer items, refraining from any actions that may infringe upon or compromise these rights. Sharing of this work product with third parties is prohibited unless agreed upon by us in writing.

10.4. All new intellectual property rights created or developed during the business shall be owned only by Eleganza. We own the rights in the work product that we produce whilst providing the goods to you.

10.5. In the event of any suspected intellectual property infringement related to the presented items, other items on Eleganza’s website, or purchased designer items, you should promptly notify us to take appropriate measures to address the issue.

10.6. Restrictions

10.6.1. The Buyer agrees not to copy, reproduce, or use the other party's Pre-existing IP beyond and with the scope of this agreement without written consent.

10.6.2. The Client agrees not to copy, reproduce, or use the Project IP for any purpose other than the intended use specified in this agreement without the express written consent of the Company.

11.1. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Mother Company, Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that mayarise out of course of dealing, course of performance, usage, or trade practice.

11.2. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

11.3. Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

11.4. All Items displayed on the Site\Gallary are offered for sale subject to availability. Some items displayed on the Site\Gallary are unique and usually have retail opportunities for the sale of the Item independent from, and therefore some Items may no longer be available.

12. Assignment

Client may not assign or transfer any rights and licenses granted under this Agreement. The Company may assign or transfer any rights without restriction under this Agreement. 

13. Limitation of Liability

13.1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

13.2. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The laws of the United Arab Emirates, with exclusive jurisdiction granted to the Abu Dhabi Courts, shall govern these Terms and your use of the Agreement. Additionally, your use of the Application may be subject to other applicable local, national, or international laws.

15. Disputes Resolution

In case of concerns or disputes related to the Agreement, as a condition precedent, you must make a good-faith effort to informally resolve the issue by cooperating with the company for a 60-day period. Failure to adhere to this precondition will prevent the initiation of any formal claims.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

18. LANGUAGE

This Agreement is entered into in the English language. Should there be any discrepancy between this Agreement and any translation of it into any language other than English, the original English text shall prevail

19. ENTIRE AGREEMENT

This Agreement, together with any policies, guidelines, descriptions and FAQs available, shall constitute the entire agreement and any additional agreements you may enter into with Eleganza in connection with this Agreement, good, shall constitute the entire agreement between you and Eleganza concerning the Service. 

20. Confidentiality. 

Both parties agree to keep confidential all proprietary and sensitive information shared during the course of the project.

21. Force Major 

21.1. Definition: For the purposes of this Agreement, a "Force Majeure Event" means any event beyond the reasonable control of the affected party, including but not limited to, acts of God, war, riot, fire, explosion, flood, earthquake, strike, lockout, labor dispute, government action or regulation, failure of public utilities or common carriers, or any other event that is not reasonably foreseeable and is beyond the control of the affected party.

21.2. Notice: In the event of a Force Majeure Event, the affected party shall promptly notify the other party in writing of the Force Majeure Event and its expected impact on the performance of this Agreement.

21.3. Suspension of Obligations: The affected party's obligations under this Agreement shall be suspended for the duration of the Force Majeure Event, and the affected party shall be excused from any delay or failure in performance resulting from the Force Majeure Event, provided that the affected party takes all reasonable steps to mitigate the impact of the Force Majeure Event on its performance.