Terms of service

These Terms & Conditions (“Terms”) govern your access to and use of our website (the “Website”) and the purchase of products from Elmaro Inc (“we”, “us”, or “our”). By using the Website or placing an order, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the Website.

Eligibility

By using the Website, you confirm that you are at least 18 years old or have reached the age of majority in your jurisdiction and that you have the legal capacity to enter into binding contracts.

If you purchase products intended for infants or children, you are responsible for using them appropriately and in accordance with any product instructions, warnings, age recommendations, or safety guidance provided.

Use of the Website

You agree to use the Website only for lawful purposes and in accordance with these Terms.

You must not attempt to gain unauthorized access to any part of the Website, servers, payment systems, customer accounts, or related systems. You must not interfere with, damage, disrupt, or misuse the normal operation of the Website.

We reserve the right to suspend or terminate your access if we reasonably believe you have violated these Terms, misused the Website, or engaged in fraudulent or harmful activity.

Products and Information

We make reasonable efforts to ensure that product descriptions, images, dimensions, colors, materials, prices, and availability information are accurate and up to date.

Because many of our products are decorative, textile-based, handcrafted, or produced in small batches, slight variations in color, texture, pattern placement, size, or finish may occur. These differences are normal and are not considered product defects.

Product images are provided for reference. Actual colors may vary slightly due to lighting, photography, screen settings, or production differences.

We reserve the right to modify, limit, discontinue, or update any products, prices, descriptions, materials, or promotional offers at any time without prior notice.

Baby, Nursery, and Children’s Décor Products

Our products may include baby gifts, nursery decorations, bedding-style accessories, wall décor, hanging decorations, ornaments, soft furnishings, and children’s room accessories.

Unless clearly stated on the product page, decorative items are not toys and should not be used as teething items, sleep safety products, or unsupervised play items.

Parents, guardians, or caregivers are responsible for ensuring that products are suitable for the child’s age, room setup, and intended use.

Decorative items, hanging ornaments, wall décor, mobiles, cords, small parts, or similar products should be installed securely and kept out of reach of infants and young children where appropriate.

We are not responsible for damage, injury, or loss caused by misuse, improper installation, failure to follow instructions, unauthorized modification, normal wear and tear, or use outside the product’s intended purpose.

Prices, Taxes, and Payment

All prices are listed in U.S. Dollars (USD), unless otherwise stated.

Prices generally do not include shipping fees, taxes, duties, or other charges, which may be displayed at checkout where applicable.

Sales tax may be applied in accordance with applicable laws.

By placing an order, you authorize us and our payment service providers to charge the total order amount to your selected payment method. You are responsible for providing accurate, complete, and current billing, shipping, and payment information.

Orders and Contract Formation

When you place an order, you are making an offer to purchase products subject to these Terms. We reserve the right to accept or reject any order at our discretion.

A binding contract is formed when we send you an order confirmation email or when the products are shipped, whichever occurs first.

We may cancel an order if the product is unavailable or out of stock, if there is a pricing or description error, if payment is declined or suspected of fraud, if the shipping address is incomplete or invalid, or if the order cannot be fulfilled for logistical reasons.

If payment has already been taken for a canceled order, a refund will be issued to your original payment method.

Shipping and Delivery

Shipping methods, costs, and estimated delivery times are shown at checkout and may also be detailed in our Shipping Policy, which forms part of these Terms.

Delivery times are estimates only and are not guaranteed. Delays may occur due to carrier issues, weather conditions, customs processing, holidays, peak seasons, address errors, or logistics delays.

You are responsible for providing a complete and accurate shipping address. We are not responsible for delays, failed delivery, or lost packages caused by incorrect or incomplete address information provided by the customer.

Risk of loss or damage transfers to you once the package is handed to the carrier, subject to applicable law and our Shipping Policy.

Returns and Refunds

Returns and refunds are governed by our separate Refund & Return Policy, which is incorporated into these Terms by reference. By placing an order, you acknowledge that you have reviewed and agreed to that policy.

Because our products are often used in baby nurseries and children’s rooms, returned items must meet the hygiene, cleanliness, and resale-condition requirements stated in our Refund & Return Policy.

Used, washed, installed, altered, damaged, stained, or incomplete items may not be eligible for a full refund.

Custom, Personalized, and Final Sale Items

Customized, personalized, made-to-order, special-request, final sale, clearance, or non-returnable items may not be eligible for cancellation, return, or refund unless they arrive damaged, defective, or materially different from what you ordered.

Any such restrictions will be stated on the product page, at checkout, or in the applicable policy.

Intellectual Property

All content on the Website, including text, images, graphics, product photos, designs, logos, layouts, icons, videos, and software, is owned by or licensed to Elmaro Inc and is protected by applicable intellectual property laws.

You may not copy, reproduce, modify, distribute, display, sell, or create derivative works from our Website content without our prior written consent.

User Content and Reviews

If you submit reviews, photos, comments, feedback, or other content to us or through the Website, you grant us a non-exclusive, royalty-free right to use, display, reproduce, and share that content for business, marketing, customer service, or website purposes, subject to applicable law.

You are responsible for ensuring that any content you submit is accurate, lawful, and does not infringe the rights of others.

We reserve the right to remove content that we consider inappropriate, misleading, unlawful, offensive, or inconsistent with our brand or policies.

Disclaimer of Warranties

To the fullest extent permitted by law, the Website and all products are provided “as is” and “as available.”

We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, except where such warranties cannot be excluded under applicable law.

We do not guarantee that the Website will always be uninterrupted, secure, error-free, or free from viruses or other harmful components.

These Terms do not affect any legal rights that cannot be excluded or limited under applicable consumer protection laws.

Limitation of Liability

To the maximum extent permitted by law, Elmaro Inc shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, revenue, business opportunity, or goodwill.

Our total liability for any claim related to an order shall not exceed the total amount paid for that order.

Nothing in these Terms limits liability where such limitation is not permitted by law.

Indemnification

You agree to indemnify and hold harmless Elmaro Inc, its officers, employees, contractors, suppliers, partners, and service providers from any claims, losses, liabilities, damages, costs, or expenses arising from your breach of these Terms, your misuse of the Website, your violation of applicable laws, or your infringement of third-party rights.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles.

Any disputes shall be subject to the jurisdiction of the state or federal courts located in Colorado, unless applicable consumer protection laws require otherwise.