Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Elephant & Orca Design Studio, LLC. The terms “we,” “us” and “our” refer to Elephant & Orca Design Studio, LLC. We operate this store and website, including all related information, content, features, tools, products and services, to provide customers with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy, available at https://www.elephantandorca.com/policies/privacy-policy. If you do not agree to these Terms or the Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province or jurisdiction of residence. You also represent that you have given us permission to allow any minor dependents under your care to use the Services on devices that you own, purchase or manage.

To browse our store, create an account or purchase products, you may be asked to provide information such as your name, email address, billing information, payment information and shipping address. You represent that the information you provide is accurate, current and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to present our products and services accurately. However, colors and product appearance may vary depending on your screen, device settings, lighting and display configuration.

Many of our products are personalized, made to order or produced through carefully selected production partners. Minor variations in color, positioning, print appearance, texture, stitching, material finish or production may occur and do not necessarily constitute defects.

Product mockups and lifestyle images are provided to help communicate the intended appearance, scale and use of an item. Please review the complete product description, dimensions, materials, personalization instructions and available product images before purchasing.

We do not guarantee that a product’s appearance will be identical to how it appears on every screen or in every photograph. Nothing in this section limits any rights or remedies provided under applicable law.

Product descriptions, availability and specifications may be updated without notice. We reserve the right to discontinue products or limit quantities offered to any person, household, organization, geographic region or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Elephant & Orca Design Studio, LLC reserves the right to accept, decline, limit or cancel an order where reasonably necessary, including because of suspected fraud, payment issues, inaccurate pricing, inventory limitations, production restrictions, policy violations or errors in product information.

An order is not accepted until payment has been successfully processed and we confirm acceptance.

Please review your order carefully before submitting it. Personalized and made-to-order products may enter production shortly after purchase, and cancellation or modification requests may not be possible once production begins.

If we decline, cancel or materially change an order, we will attempt to contact you using the email address, billing address or telephone number provided at checkout.

Purchases are subject to our Return and Refund Policy, available at https://www.elephantandorca.com/policies/refund-policy.

Unless otherwise agreed in writing, products may not be purchased for unauthorized commercial resale or export. This restriction does not prohibit approved group, organizational, event, appreciation, corporate or bulk gift orders.

SECTION 4 — PERSONALIZATION AND CUSTOM ORDERS

Customers are responsible for submitting complete and accurate personalization details, including names, initials, monograms, dates, titles, colors, quantities and other requested information.

Personalization will generally be produced using the information entered at checkout. Elephant & Orca Design Studio, LLC is not responsible for spelling, capitalization, date, formatting or other errors submitted by the customer.

We may make minor formatting adjustments when reasonably necessary to fit the product’s designated personalization area. Unless specifically offered in the listing or agreed to in writing, orders do not include unlimited revisions, custom design development or changes to the standard product layout.

Personalized, custom and made-to-order products are generally not eligible for return or exchange unless they arrive damaged, defective or materially different from the approved order details, subject to our Return and Refund Policy.

Customers must have the necessary permission or rights to submit names, logos, artwork, photographs, trademarks or other content requested for use in a custom order. We may decline requests that we reasonably believe infringe intellectual-property rights, violate applicable law or conflict with our policies.

SECTION 5 — PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will be the price displayed when the order is submitted, subject to correction of obvious errors, and will appear in the order confirmation.

Unless expressly stated otherwise, displayed product prices do not include applicable taxes, shipping, handling, customs duties or import charges.

Prices on our website may differ from prices offered through Etsy, social-commerce platforms, marketplaces, in-person events or other third-party channels. Marketplace fees, promotions, product configurations and channel-specific offers may affect pricing.

Promotions may be governed by separate conditions. If a promotion’s conditions conflict with these Terms, the specific promotion conditions will govern for that promotion.

You agree to provide accurate and complete purchase, payment and account information. You represent that you are authorized to use the payment method provided and agree to pay all authorized charges, including applicable shipping and taxes.

SECTION 6 — SHIPPING AND DELIVERY

Processing and delivery timeframes are estimates and are not guaranteed. Personalized and made-to-order products require production time before shipment.

Products within the same order may be produced or shipped by different production partners and may arrive in separate packages.

We are not responsible for delays caused by shipping carriers, severe weather, customs processing, incorrect addresses, service disruptions or events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address. Address changes are not guaranteed after an order is submitted.

If an order is lost, damaged or marked delivered but cannot be located, please contact us promptly so we can review the shipment and available carrier remedies. Resolution is subject to our Shipping Policy, Return and Refund Policy and applicable law.

Additional shipping information is available through the Shipping Policy linked in the website footer.

SECTION 7 — INTELLECTUAL PROPERTY

The Services, including our trademarks, brand elements, text, graphics, product photography, original artwork, product designs, videos, audio, collection concepts, page layouts and other content, are owned by or licensed to Elephant & Orca Design Studio, LLC and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services for personal, noncommercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, sell or transmit protected materials without prior written permission, except where such use is permitted by law.

Nothing in these Terms grants you ownership of or a license to our trademarks, copyrights, product designs or other intellectual property except as expressly stated.

The Elephant & Orca name, Elephant & Orca™ branding, logos, original collection names, designs and slogans may not be used without prior written permission.

Shopify’s names, logos, products and slogans are trademarks of Shopify. Other names, logos and trademarks appearing through the Services belong to their respective owners.

SECTION 8 — OPTIONAL TOOLS

We may provide access to tools, applications or services offered by third parties. We do not necessarily monitor or control those third-party tools.

Access to optional tools is provided on an “as is” and “as available” basis without warranties, representations or endorsements. Your use of optional third-party tools is at your own discretion and may be subject to separate terms and privacy policies.

We may introduce additional tools, resources or features in the future. Unless otherwise stated, those additions will be considered part of the Services and subject to these Terms.

SECTION 9 — THIRD-PARTY LINKS

The Services may contain links, applications or embedded functionality provided by third parties. We are not responsible for evaluating or guaranteeing the content, accuracy, availability, security, policies or practices of third-party websites or services.

If you leave our website to access a third-party service, you do so at your own discretion. Please review the applicable third party’s terms and policies before completing a transaction or providing personal information.

Questions or concerns regarding third-party products and services should be directed to the applicable third party.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

Elephant & Orca Design Studio, LLC is powered by Shopify, which enables us to provide the Services. However, purchases made through our store are transactions directly between you and Elephant & Orca Design Studio, LLC.

Shopify is not responsible for products sold by Elephant & Orca Design Studio, LLC or for injuries, damages, losses, disputes or claims resulting from those products or transactions.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related to transactions conducted directly with Elephant & Orca Design Studio, LLC.

SECTION 11 — PRIVACY

Personal information collected through the Services is governed by our Privacy Policy, available at https://www.elephantandorca.com/policies/privacy-policy.

Certain information may also be processed according to Shopify’s Privacy Policy, available at https://www.shopify.com/legal/privacy/app-users.

Because Shopify hosts the Services, Shopify collects and processes information regarding access to and use of the Services. Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside your country of residence, where necessary to operate the store, process payments, fulfill orders, provide customer service, prevent fraud and improve the Services.

Please review our Privacy Policy for additional information about how personal information is collected, used and shared.

SECTION 12 — FEEDBACK AND REVIEWS

If you submit reviews, photographs, suggestions, comments, ideas, feedback or other content (“Feedback”), you grant Elephant & Orca Design Studio, LLC a nonexclusive, worldwide, royalty-free, sublicensable license to use, reproduce, publish, distribute and display that Feedback for purposes including operating, improving and promoting the Services.

You represent that you own or have the necessary rights to submit the Feedback and that it does not violate another party’s copyright, trademark, privacy, publicity or other rights.

You must disclose any compensation, discounts, gifts or incentives received in connection with submitted Feedback when required by law.

We may monitor, edit or remove Feedback that we reasonably determine is unlawful, abusive, threatening, defamatory, obscene, fraudulent, misleading or infringing.

You may not use a false identity or email address, impersonate another person or misrepresent the origin of submitted Feedback.

SECTION 13 — ERRORS, INACCURACIES AND OMISSIONS

Information presented through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, production times, delivery estimates or availability.

We reserve the right to correct errors, update information or cancel affected orders where information is materially inaccurate. If we cancel an order after payment has been collected, we will issue the appropriate refund.

SECTION 14 — PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services to:

  • Violate applicable laws, regulations or ordinances;

  • Infringe our intellectual-property rights or the rights of another person;

  • Harass, abuse, threaten, intimidate, discriminate against or defame another person;

  • Transmit false, fraudulent or misleading information;

  • Upload or distribute malware, viruses or malicious code;

  • Send spam, phishing messages or unauthorized solicitations;

  • Impersonate another person or entity;

  • Collect personal information without authorization;

  • Circumvent security, authentication, access-control or fraud-prevention measures;

  • Scrape, copy, extract, reproduce, sell or exploit the Services in an unauthorized manner; or

  • Interfere with another person’s ability to use the Services.

We may suspend or terminate access if we reasonably determine that these Terms have been violated.

Nothing in this section prohibits ordinary indexing or access by authorized search engines, approved commerce platforms, product-discovery services or other services we have permitted to access publicly available portions of the website.

SECTION 15 — AUTOMATED AGENTS

This section applies to autonomous or semi-autonomous software that accesses or interacts with the Services on behalf of another person or entity (“Agents”).

Agents must identify themselves accurately, comply with applicable technical instructions and refrain from circumventing CAPTCHAs, authentication requirements, robots controls, rate limits or other security measures.

We may limit or block an Agent’s access where necessary to protect customers, prevent fraud, preserve service availability or enforce these Terms.

Authorized search engines, commerce feeds, approved integrations and product-discovery systems may access publicly available portions of the Services in accordance with their agreements, applicable technical controls and our permissions.

SECTION 16 — TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including because of fraud, abuse, unlawful activity, security risks or violations of these Terms.

Termination does not eliminate obligations or amounts incurred before termination.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning intellectual property, privacy, disclaimers, limitations of liability, indemnification and governing law.

SECTION 17 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the Services and products offered through the Services are provided on an “as is” and “as available” basis, except for representations expressly provided in product descriptions or required under applicable law.

We do not guarantee that access to the website will be uninterrupted, timely, secure or error-free.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, the exclusions in these Terms apply only to the maximum extent allowed by law.

Nothing in these Terms excludes or limits consumer rights that cannot legally be waived.

SECTION 18 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Elephant & Orca Design Studio, LLC and its owners, employees, contractors, service providers, licensors and affiliates will not be liable for indirect, incidental, special, punitive or consequential damages arising from use of the Services or products purchased through the Services.

This may include lost profits, lost revenue, lost savings, loss of data or replacement costs, except where liability cannot legally be limited.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

SECTION 19 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Elephant & Orca Design Studio, LLC, Shopify and their respective affiliates, owners, employees, contractors, licensors and service providers from third-party claims, losses, damages or reasonable legal expenses arising from:

  • Your material breach of these Terms;

  • Your violation of applicable law;

  • Your violation of another person’s rights; or

  • Content or materials you submit through the Services.

We will provide reasonable notice of an indemnifiable claim when practicable. You agree to cooperate reasonably in the defense of such claims.

SECTION 20 — SEVERABILITY

If any provision of these Terms is found unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted or severed where necessary. The remaining provisions will continue in effect.

SECTION 21 — WAIVER AND ENTIRE AGREEMENT

Failure to exercise or enforce a provision of these Terms does not constitute a waiver of that provision.

These Terms and the policies referenced herein represent the entire agreement between you and Elephant & Orca Design Studio, LLC regarding use of the Services and supersede prior communications or agreements concerning the Services.

Ambiguities will not automatically be interpreted against the party responsible for drafting these Terms.

SECTION 22 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without prior written consent.

We may transfer or assign our rights and obligations as part of a merger, acquisition, sale, restructuring or transfer of the business, subject to applicable law.

SECTION 23 — GOVERNING LAW

These Terms and any separate agreements through which we provide the Services are governed by the laws of the State of South Carolina, without regard to conflict-of-law principles.

Any dispute will be handled in the appropriate state or federal courts serving York County, South Carolina, except where applicable consumer law requires otherwise.

SECTION 24 — CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We may update these Terms by posting a revised version on the website. Where required by law, we will provide notice of material changes.

Changes become effective on the date stated in the notice or, if no date is stated, when posted. Continued use of the Services after an update constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms may be sent to:

Elephant & Orca Design Studio, LLC
Email: elephantandorca@gmail.com
Mailing address: PO Box 491, Fort Mill, SC 29716, United States