Terms of service
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OVERVIEW
Welcome to EALMEU! The terms "we," "us," and "our" refer to EALMEU. [Merchant] operates this store and website, including all related information, content, features, tools, products, and services ordered to provide you, the customer, with a personalized shopping experience ("Services"). [Merchant] is supported by Shopify, which allows us to provide you with the Services.
The terms and conditions below, along with any policies referenced herein (collectively, the "Terms of Use" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Use carefully, as they include important information about your legal rights and cover areas such as disclaimers of warranty and limitation of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence and have given us your consent to allow 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 stores or purchasing any of our
products or services, you may be required to provide certain information, such as your email address, billing address, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login details and all activities under your account. You are not permitted to transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device's settings and configuration.
We do not guarantee that the appearance or quality of any product or service purchased by you will meet your expectations or be similar to what is described or rendered in our online stores.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product 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. EALMEU reserves the right to accept or reject your order for any reason, at its sole discretion. Your order is not accepted until [Merchant] confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as [Merchant] may not be able 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 by contacting you at the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email. Unless otherwise explicitly stated, prices displayed do not include taxes, shipping, handling, customs, or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or the online store or other stores operated by third parties. We may periodically offer promotions on Services that may affect rates and are governed by terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. 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 duly authorized to use the credit card for purchase, (iii) the charges incurred by you will be paid through the company that issued your credit card, and (iv) you will pay the charges incurred by you at the displayed prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. Delivery time is an estimate only and is not guaranteed. We are not responsible for delays caused by carriers, customs, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, video and audio materials, and their design, selection, and arrangement, are owned by EALMEU, its affiliates, or licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material within the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or will be construed to grant you any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to [Merchant], Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by EALMEU.
[Merchant]'s names, logos, product and service names, design, and slogans are trademarks of [Merchant] or its affiliates or licensors. You may not use such trademarks without the prior written permission of [Merchant]. Shopify's names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans within the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party customer tools offered as part of the Services, which we neither monitor nor have any control or input over.
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 shall have no liability whatsoever arising from or relating to your use of any third-party optional tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be subject to these Terms of Use.
SECTION 8 – EXTERNAL LINKS
The Services may contain materials and hyperlinks to sites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damages or injuries related to your access to any third-party website or your purchase or use of any products, services, resources, or content from any third-party website. Please review the third-party policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding 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 and should not be removed or modified.]
[Merchant] is supported by Shopify, which allows us to provide you with the Services. However, any sales and purchases you make in Our Store are directly with EALMEU. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and EALMEU, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transactions with EALMEU.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to the Shopify 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 information about your access and use of the Services to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third-party entities that may be located in countries other than where you reside, for the purpose of providing you with services. Please refer to our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any medium, for any purpose, including for commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation and will have no obligation (1) to maintain confidentiality of your Feedback; (2) to compensate you for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property rights of any party or these Terms of Use.
You agree that your Feedback will not infringe any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You also agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene Feedback, nor will it contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) in violation of our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to transmit false or misleading information; (f) to upload or transmit, or cause to be uploaded or transmitted, any advertising or promotional material, including any "unsolicited commercial email," "chain letter," "spam," or any other similar solicitation; (g) to impersonate or attempt to impersonate another person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm [Merchant], Shopify, or users of the Services or expose them to liability.
In addition, you agree: (a) not to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) not to reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) not to collect or track the personal information of others; (d) not to transmit spam, phishing, data scraping, or information harvesting within the services; (e) not to use any robot, spider, data miner, data collection and extraction device, or automated or manual process to access the Services; or (f) not to interfere with, bypass, or circumvent any security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. 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.
SECTION 14 – AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause an Agent to access, use, or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and which may be executed on behalf of or using a person's device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent not access, use, or interact with a service.
14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and disclose the Agent's name by including the following information in the request's user agent string: "Agent/[agent name]"; (ii) not obscure or misrepresent the fact that any access, use, or interactions originate from an Agent, such as by (a) mimicking human behavior and interaction patterns or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use, (iii) respond truthfully to any question or prompt that seeks to determine whether interactions originate from a human or a computer, (iv) not circumvent or otherwise avoid any measures designed to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimers 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
The information presented in or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the contents by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER TYPES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICE OR PRODUCT PURCHASED USING THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless [Merchant], Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, and expenses, including reasonable attorneys' fees, payable to any third party arising out of or relating to (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or the rights of any third party, or (3) your access and use of the Services.
We will notify you of any claim subject to indemnification, provided that our failure to provide prompt notice will not relieve you of your obligations hereunder, except to the extent you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Use, such determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, transfer, or sublicense this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be void. We may transfer, assign, or sublicense this Agreement and our rights and obligations without your consent or notice.
SECTION 22 – GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction in which [Merchant] has its principal place of business. You and [Merchant] agree to the personal and exclusive jurisdiction of these courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO TERMS OF USE
You can view the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at: contact@ealmeu.eu
Our contact information is as follows:
Brand: EALMEU® | Company MX DROPS SRL
contact@ealmeu.eu
Fundeni Commune, Călărași County, Ciprian Porumbescu Street, No. 2, Romania 917110
+40 750 496 477
Unique Registration Code: 40378952
Commercial Register No.: J2019000015518
VIES VAT No.: RO51255505