General Terms and Conditions of Sale and Website Use

Elara Maison Heritage
General Terms & Conditions of Sale and Website Use
Effective Date: 24 February 2026

These General Terms & Conditions of Sale and Website Use (the “Terms”) form a legally binding agreement between you (“you”, “Customer”, “User”) and Elara Maison Heritage (“Elara Maison”, “we”, “us”, “our”) and govern:

  1. your access to and use of www.elaramaison.com and any related pages, content, features, and services (collectively, the “Website”), and
  2. any purchase of products offered by Elara Maison Heritage through the Website (the “Products”).

By accessing, browsing, or using the Website, creating an account, subscribing to communications, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms, including any policies referenced herein (including our Privacy Policy, Cookie Policy, Shipping Policy, Returns & Refunds Policy, and any additional terms displayed at checkout), which form an integral part of these Terms.

If you do not agree to these Terms, you must not use the Website or place an order.

You represent that you are at least 18 years old (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into this agreement.

We design with discipline. We operate with the same clarity.

1. Identity of the Seller and Website Operator

The Website www.elaramaison.com (the “Website”) is owned and operated by:

Maryna Yatsava, conducting business under the registered trade name
Elara Maison Heritage,
with its principal place of business in Kraków, Republic of Poland,
registered under:

NIP (Tax Identification Number): 9452305085
REGON (Business Register Number): 540730170

(hereinafter referred to as “Elara Maison”, “Elara Maison Heritage”, “we”, “us”, “our”, or the “Seller”).

Elara Maison Heritage is an independent business entity duly registered under Polish law and operates internationally through its online sales platform.

All products offered through the Website are sold directly by Elara Maison Heritage. No partnership, agency, joint venture, franchise, or employment relationship is created between Elara Maison and any user or purchaser by virtue of access to or use of the Website.

Official communication with Elara Maison Heritage shall be conducted exclusively through the designated Customer Support channels available on the Website:

📩 Customer Support Contact Form:
www.elaramaison.com/contact

We reserve the right to respond only to inquiries submitted through official communication channels.

For legal notices or formal correspondence, users may submit written communication via the contact details provided in our Legal Information section on the Website.

Elara Maison Heritage conducts its business in compliance with applicable laws of the Republic of Poland and applicable international e-commerce regulations governing cross-border sales.

2. Scope of These Terms

These Terms govern:

  • all access to and use of the Website by any visitor, user, or account holder; and
  • all purchases, transactions, pre-orders, and related services conducted through the Website.

These Terms constitute a legally binding agreement between you and Elara Maison Heritage.

By accessing the Website, creating an account, or placing an order, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms.

2.1 Integrated Policies

The following policies and documents form an integral and inseparable part of these Terms:

  • Privacy Policy
  • Cookie Policy
  • Shipping & Delivery Policy
  • Returns & Refund Policy
  • Loyalty Program Terms (if applicable)
  • Product-specific terms or pre-order conditions (where applicable)
  • Any additional legal notices published on the Website

By accepting these Terms, you also accept all referenced policies.

2.2 Order of Precedence

In the event of any conflict between:

  • these Terms;
  • any specific product terms;
  • any separate policy published on the Website;

the following order of precedence shall apply:

  1. Mandatory applicable consumer protection law
  2. Product-specific or transaction-specific terms
  3. Returns / Shipping Policy (for delivery-related matters)
  4. These General Terms
  5. Other referenced policies

Nothing in these Terms excludes or limits rights granted to consumers under mandatory laws of their country of residence where such laws cannot be lawfully excluded.

2.3 Territorial Scope

These Terms apply to customers located in the European Union, United Kingdom, United States, United Arab Emirates, and other countries where Elara Maison delivers products.

If you access the Website from outside Poland, you are responsible for ensuring compliance with local laws applicable to your jurisdiction.

3. Definitions

For the purposes of these Terms, the following definitions apply:

Consumer
A natural person acting for purposes outside their trade, business, craft, or profession, who purchases Products primarily for personal, household, or private use.

Business Customer / B2B Customer
Any individual, legal entity, company, partnership, organization, or other body purchasing Products for purposes related to its trade, business, profession, commercial activity, resale, interior design projects, hospitality use, or other professional use.

Unless explicitly stated otherwise, different legal rights and obligations may apply to Consumers and Business Customers, in accordance with applicable mandatory laws.

Product(s)
Any furniture, décor items, lighting, textiles, design objects, accessories, or related goods offered for sale via the Website.

Website
The website located at www.elaramaison.com, including all associated domains, subdomains, pages, content, digital tools, and services operated by Elara Maison Heritage.

Order
The purchase request submitted by the Customer through the Website’s checkout process.

Order Confirmation
An email issued by Elara Maison confirming receipt of the Order. An Order Confirmation does not constitute acceptance of the Order unless expressly stated.

Contract
The legally binding agreement between the Customer and Elara Maison Heritage formed only when:

  • we expressly accept the Order, and
  • dispatch the Product(s) or confirm shipment.

We reserve the right to refuse or cancel an Order prior to acceptance in accordance with these Terms.

Customer
Any Consumer or Business Customer placing an Order through the Website.

4. Eligibility & Use of the Website

You may use the Website only if:

  • you are at least 18 years old (or the age of majority in your jurisdiction); and
  • you can form a legally binding contract.

You agree not to:

  • misuse the Website, attempt unauthorized access, interfere with security, or introduce malware;
  • use automated scraping or data extraction without written permission;
  • infringe intellectual property rights or submit unlawful content.

We may restrict or terminate access if we reasonably believe the Website is being used unlawfully or abusively.

5. Products, Availability, and Presentation

We present our Products with the highest level of care, accuracy, and design discipline. However, by placing an Order, you acknowledge and agree to the following:

5.1 Product Representation

Product images, descriptions, specifications, dimensions, and colors displayed on the Website are provided for illustrative and informational purposes only.

While we make reasonable efforts to ensure accuracy:

  • colors, tones, textures, and finishes may vary depending on lighting conditions, screen calibration, device display settings, and photography;
  • natural materials (including but not limited to wood, stone, linen, leather, marble, ceramics, and metals) may exhibit natural grain, veining, tonal variation, knots, markings, or irregularities;
  • handcrafted items may contain minor variations in size, finish, stitching, or detailing.

Such variations are inherent characteristics of natural materials and craftsmanship and shall not be considered defects, faults, or grounds for claim.

5.2 Measurements and Specifications

All dimensions and measurements are approximate unless expressly stated otherwise. Minor deviations resulting from manufacturing tolerances shall not constitute non-conformity.

Customers are solely responsible for:

  • verifying that the Product dimensions fit the intended space;
  • ensuring access conditions (doors, staircases, elevators, etc.) allow delivery and installation.

Elara Maison shall not be liable for incompatibility due to inaccurate measurements or spatial limitations provided by the Customer.

5.3 Availability and Stock

Product availability is not guaranteed.

We reserve the right, at any time and without prior notice, to:

  • limit quantities available for purchase;
  • discontinue Products;
  • modify specifications, materials, pricing, or packaging;
  • refuse or cancel Orders in the event of stock errors, pricing errors, or force majeure events.

If a Product becomes unavailable after an Order is placed, we will notify you and may:

  • offer an alternative Product;
  • provide a revised delivery timeline; or
  • issue a refund for the unavailable item.

No compensation beyond a refund of the affected Product shall be due.

5.4 Pre-Orders and Made-to-Order Products

Certain Products may be marked as:

  • pre-order,
  • custom-made,
  • made-to-order,
  • limited production.

Such Products may have extended production or delivery times. Estimated timelines are indicative and not guaranteed unless explicitly confirmed in writing.

Unless mandatory consumer law provides otherwise, custom-made and personalized Products may not be eligible for cancellation or return.

6. Pricing, Currency, Taxes, and Duties

6.1 Prices

All prices displayed on the Website are shown in the currency selected at checkout.

Prices include VAT where applicable under European Union law, unless clearly stated otherwise.

Prices may be updated or modified at any time prior to Order confirmation. However, once your Order has been accepted and confirmed, the price applicable to that Order will not change.

We reserve the right to correct any typographical, technical, or system-related pricing errors at any time.

6.2 Taxes, Duties, and International Shipments

Elara Maison operates as a cross-border premium retailer and, unless explicitly stated otherwise at checkout, we assume responsibility for delivery-related charges.

For orders shipped to:

• European Union Member States
• United Kingdom
• United States
• United Arab Emirates

Elara Maison covers:

• standard shipping costs
• import duties
• customs clearance charges
• applicable handling fees

This applies only where shipment is arranged directly by Elara Maison through our designated logistics partners.

If a customs authority or carrier unexpectedly requests additional payment from you prior to delivery:

• do not make payment immediately,
• contact our Customer Support team without delay.

We will investigate and resolve the matter directly with the carrier or authority.

However, Elara Maison shall not be responsible for:

• delays caused by customs authorities,
• inspections or regulatory holds beyond our control,
• additional charges resulting from inaccurate or incomplete delivery information provided by the customer.

Delivery terms may vary for certain destinations, oversized shipments, B2B orders, or project-based deliveries.
Where applicable, specific delivery conditions will be confirmed at checkout or in a separate written agreement.

6.3 Pricing Errors

Despite our commitment to accuracy, errors in pricing or product descriptions may occasionally occur due to technical malfunction, human error, or system integration issues.

If a Product is listed at an incorrect price or with materially incorrect information:

• we reserve the right to refuse or cancel the Order prior to dispatch,
• we will notify you promptly,
• any payments made will be fully refunded without undue delay.

No Contract is formed where there is an obvious and unmistakable pricing error that a reasonable customer would recognize as such.

7. Orders, Acceptance, and Contract Formation

You place an Order by completing the checkout process on the Website and clicking the confirmation button.

After placing an Order, you will receive an automated confirmation email acknowledging receipt of your Order.
This email does not constitute acceptance of your Order.

A legally binding contract (“Contract”) between you and Elara Maison Heritage is formed only when:

  • we confirm dispatch of the Product(s); or
  • we otherwise explicitly confirm acceptance of your Order in writing.

Until such confirmation, we reserve the right to decline or cancel the Order at our discretion.

7.1 Right to Refuse or Cancel an Order

We may refuse, suspend, or cancel an Order (in whole or in part) prior to dispatch if we reasonably believe that:

  • payment is fraudulent, unauthorized, or unverifiable;
  • billing or delivery information is incomplete, inaccurate, or inconsistent;
  • the Product is unavailable, discontinued, or subject to inventory error;
  • there has been an obvious pricing or technical error;
  • the Order appears to be placed for resale in violation of these Terms;
  • the Order violates applicable law, export regulations, sanctions laws, or these Terms;
  • we are unable to fulfill the Order due to circumstances beyond our reasonable control.

We may request additional identity verification or payment confirmation before accepting an Order.

7.2 Quantity Limits

We reserve the right to limit quantities per customer, per household, or per Order, including where we reasonably suspect commercial resale or abusive purchasing behavior.

7.3 Cancellation Before Dispatch

You may request cancellation of an Order before dispatch.
We cannot guarantee cancellation if processing has already begun.

7.4 Refunds Upon Cancellation

If we cancel an Order before dispatch, we will refund the amounts paid for the cancelled Product(s) using the original method of payment, unless otherwise agreed.

Refund timelines may vary depending on the payment provider.

7.5 Transfer of Risk

For Consumer customers within the European Union, the United Kingdom, and other jurisdictions with mandatory consumer protection laws, the risk of loss or damage transfers upon delivery in accordance with applicable consumer law.

For Business Customers (B2B), risk transfers upon dispatch from our warehouse or designated logistics facility, unless otherwise agreed in writing.

8. Payment & Security

8.1 Accepted Payment Methods

We accept the payment methods displayed at checkout.
Available payment options may vary depending on your location and device.

All payments must be made in full at the time of placing the Order, unless expressly agreed otherwise in writing.

8.2 Payment Authorization

By submitting payment details, you represent and warrant that:

  • you are authorized to use the selected payment method;
  • the payment information provided is accurate and complete;
  • sufficient funds or credit are available to complete the transaction.

Elara Maison reserves the right to refuse, suspend, or cancel any Order if payment authorization is declined or if we reasonably suspect fraud or unauthorized use.

8.3 Payment Security

All payments made through the Website are processed via secure third-party payment service providers compliant with applicable industry security standards, including PCI-DSS (Payment Card Industry Data Security Standard).

Elara Maison Heritage:

  • does not store full payment card details on its servers;
  • does not have direct access to complete card numbers;
  • ensures that payment data is encrypted and transmitted via secure SSL/TLS connections to certified payment processors.

We implement appropriate technical and organizational measures to protect financial data against unauthorized access, misuse, or disclosure.

8.4 Fraud Prevention

To protect our customers and our business, we may use automated fraud detection, transaction monitoring, identity verification tools, and risk-based security screening.

We reserve the right to:

  • request additional verification documents;
  • delay shipment pending security review;
  • cancel or refuse an Order where fraud is reasonably suspected.

Such measures are implemented in accordance with applicable data protection laws.

8.5 Chargebacks

If a chargeback is initiated without prior contact with Elara Maison to resolve the issue, we reserve the right to:

  • suspend order processing;
  • dispute the chargeback with the payment provider;
  • recover administrative and transaction costs where legally permitted.

We strongly encourage customers to contact our Customer Support before initiating any payment dispute.

9. Shipping, Delivery, and Risk

9.1 Delivery Regions

Elara Maison ships to customers in Europe, the United Kingdom, the United States, and the United Arab Emirates, subject to product eligibility, carrier availability, customs regulations, and logistical constraints displayed at checkout.

We reserve the right to restrict delivery of certain Products to specific regions where required by law, logistics, or supplier limitations.

9.2 Delivery Times

Delivery timeframes displayed on the Website are estimates only and are not guaranteed unless expressly stated in writing.

Delivery may be affected by:

  • carrier capacity limitations
  • customs clearance procedures
  • import inspections
  • local regulatory requirements
  • weather conditions
  • geopolitical events
  • force majeure events beyond our reasonable control

Elara Maison shall not be liable for delays caused by third-party carriers, customs authorities, or events outside our reasonable control.

Where delays occur, we will make commercially reasonable efforts to keep you informed.

9.3 Transfer of Risk

Unless mandatory consumer protection law in your jurisdiction provides otherwise:

Risk of loss or damage to the Product transfers to you when the carrier confirms delivery to the address provided in your Order.

Title to the Product transfers only after full payment has been received.

9.4 Delivery Address & Failed Delivery

You are responsible for ensuring that the delivery address and contact details provided are complete and accurate.

If a shipment:

  • is returned due to an incorrect address,
  • is undeliverable due to customer absence,
  • is refused without legal justification,

we reserve the right to:

deduct actual return shipping and handling costs, and/or

  • charge additional redelivery fees before reshipment.

We are not responsible for delivery failures resulting from incorrect or incomplete information provided by you.

9.5 Inspection Upon Delivery

You must inspect the packaging and Product promptly upon delivery.

If visible damage exists:

  • note the damage with the carrier at delivery (written remark recommended),
  • take photographs of the packaging and Product,
  • notify us in writing within the timeframe stated in our Returns or Claims Policy.

Failure to report visible transport damage within a reasonable timeframe may affect your ability to pursue a carrier claim.

This clause does not limit your statutory consumer rights.

9.6 Partial Shipments

We may fulfill Orders in partial shipments where necessary due to stock availability or logistics.
Partial delivery does not entitle you to cancel the remaining Products unless required by mandatory consumer law.

9.7 Force Majeure

Elara Maison shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including but not limited to:

  • acts of God
  • war
  • strikes
  • supply chain disruptions
  • governmental actions
  • natural disasters
  • epidemics or pandemics

In such cases, performance obligations will be suspended for the duration of the force majeure event.

10. Right of Withdrawal (EU / EEA / UK Consumers)

If you are a Consumer residing in the European Union, the European Economic Area (EEA), or the United Kingdom, you have a statutory right to withdraw from a distance contract within fourteen (14) calendar days without providing any reason, subject to the conditions set out below and applicable mandatory consumer protection laws.

The withdrawal period expires 14 days after the day on which you (or a third party indicated by you, other than the carrier) acquire physical possession of the Product.

To exercise the right of withdrawal, you must notify us of your decision to withdraw by means of a clear written statement (for example, via email or contact form) before the expiry of the withdrawal period.

10.1 Effects of Withdrawal

If you validly withdraw from the Contract:

  • we will reimburse all payments received from you, including standard delivery costs (excluding any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option offered by us);
  • reimbursement will be made without undue delay and no later than 14 days from the day we are informed of your decision to withdraw;
  • we may withhold reimbursement until we have received the returned goods or you have supplied evidence of having sent them back, whichever is earlier.

Refunds will be issued using the same means of payment as used for the original transaction, unless expressly agreed otherwise.

10.2 Condition and Handling of Returned Products

You are liable only for any diminished value of the Product resulting from handling other than what is necessary to establish:

  • the nature,
  • characteristics,
  • and functioning of the Product.

Furniture, lighting, and décor items must not be:

  • assembled beyond inspection,
  • installed,
  • used in commercial environments,
  • or altered in any way.

Products must be returned:

  • in original condition,
  • with original packaging where reasonably possible,
  • including all accessories, manuals, and protective elements.

Failure to return goods in appropriate condition may result in a proportionate reduction of the refund.

10.3 Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to:

  • Products made to the consumer’s specifications or clearly personalized;
  • Custom-made, made-to-order, or bespoke items;
  • Sealed goods unsealed after delivery that are not suitable for return due to health or hygiene reasons;
  • Products that have been permanently installed or inseparably mixed with other items after delivery;
  • Services fully performed with the consumer’s prior express consent and acknowledgment of loss of withdrawal rights.

These exclusions apply only to the extent permitted under applicable consumer protection laws.

10.4 Return Costs

Unless otherwise required by mandatory consumer law:

  • the Consumer bears the direct cost of returning the goods;
  • we may assist with return logistics upon request;
  • if we arrange collection at your request, the cost may be deducted from the refund.

10.5 Non-EU Customers (USA / UAE / Other Regions)

For customers located outside the EU/EEA/UK, returns and cancellations are governed by:

  • our Returns Policy,
  • applicable local consumer protection laws.

Statutory withdrawal rights under EU law do not automatically apply outside the EU/EEA/UK.

10.6 Statutory Rights Unaffected

Nothing in these Terms limits or excludes any mandatory consumer rights that cannot be waived under applicable law.

11. Returns, Refunds, and Exchanges (General Policy)

In addition to any statutory rights applicable in your jurisdiction, returns and exchanges are governed by our published Returns Policy, available on the Website and incorporated into these Terms by reference.

The Returns Policy sets out, among other things:

  • how to submit a return request;
  • applicable timelines for notification and shipment;
  • required documentation (including photos where relevant);
  • inspection procedures;
  • refund methods and timing;
  • product categories excluded from return (including custom-made, made-to-measure, personalized, installed, or clearance items where applicable).

11.1 Return Authorization Requirement

Returns must be authorized in advance.
Products sent back without prior approval may be refused and returned to sender at the sender’s expense.

11.2 Condition of Returned Products

Unless otherwise required by mandatory consumer law:

  • Products must be returned in original condition;
  • in original packaging where reasonably possible;
  • with all accessories, documentation, and protective elements;
  • without signs of use beyond what is necessary to examine the nature, characteristics, and functioning of the Product.

We reserve the right to reduce the refund amount where the value of the Product has been diminished due to handling beyond what is legally permitted.

11.3 Refund Processing

Refunds will be issued:

  • to the original method of payment;
  • within the timeframe required by applicable law;
  • after inspection and confirmation of the returned Product.

Original shipping fees may be non-refundable unless required by mandatory consumer protection law.

11.4 Exchanges

Exchanges are subject to product availability.
Where an exchange is requested, a new Order may be issued, and any price difference may be charged or refunded accordingly.

11.5 International Orders

For orders shipped outside the European Union, returns may be subject to additional customs procedures.
Where applicable, customers must ensure returned goods are clearly marked as “Returned Goods” to avoid duplicate import charges.

We are not responsible for customs delays or fees resulting from incorrectly declared return shipments.

12. Warranty & Consumer Guarantees

12.1 EU / EEA / United Kingdom

If you are a Consumer located in the European Union, European Economic Area, or the United Kingdom, you are entitled to mandatory statutory rights under applicable consumer protection laws.

Nothing in these Terms limits or excludes:

  • your legal rights regarding conformity of goods,
  • statutory warranty rights,
  • remedies for non-conforming products,
  • any rights that cannot legally be waived or restricted.

If a Product is defective, non-conforming, or not as described, you may be entitled—subject to applicable law—to repair, replacement, price reduction, or refund.

Where required by law, Elara Maison will provide remedies within a reasonable timeframe and without significant inconvenience to the Consumer.

12.2 United States / United Arab Emirates / Other Jurisdictions

If you are located outside the EU/EEA/UK, including in the United States or the United Arab Emirates, your rights may vary depending on applicable local consumer protection laws.

To the fullest extent permitted by applicable law:

  • Products are provided "as is" and "as available";
  • We disclaim all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  • Any warranties not expressly stated are excluded.

Where a specific limited warranty applies to a Product, it will be described on the relevant Product page or in a separate Warranty Policy.

Some jurisdictions do not allow limitations on implied warranties. In such cases, the above limitations apply only to the maximum extent permitted by law.

12.3 Limitation of Warranty Scope

Normal wear and tear, misuse, improper installation, unauthorized modifications, failure to follow care instructions, or damage caused by third-party carriers are not considered manufacturing defects.

Natural variations in wood grain, stone patterning, fabric texture, handmade finishes, and artisanal detailing are characteristics of craftsmanship and do not constitute defects.

12.4 Warranty Claims Procedure

To submit a warranty claim, you must:

  • contact Customer Support promptly,
  • provide your order number,
  • submit clear photographic evidence,
  • describe the issue in detail.

Failure to report visible defects within a reasonable time after delivery may limit available remedies, subject to mandatory consumer law.

13. Intellectual Property

All content available on the Website — including but not limited to text, product descriptions, editorial content, photographs, renderings, graphics, logos, trade names, trademarks, product names, design elements, layouts, visual identity, branding assets, videos, and overall Website design (collectively, the “Intellectual Property”) — is owned by or licensed to Elara Maison Heritage and is protected by applicable international intellectual property laws, including copyright, trademark, design, database, and unfair competition laws.

Nothing in these Terms grants you any license or right, whether express or implied, to use any Intellectual Property without our prior written consent.

You may not:

  • copy, reproduce, republish, modify, adapt, translate, distribute, transmit, display, perform, frame, mirror, scrape, extract, or otherwise exploit any Website content;
  • use our brand name, logos, or product images for commercial, advertising, resale, marketplace listings, or promotional purposes;
  • register domain names, social media accounts, or business names incorporating “Elara Maison” or confusingly similar wording;
  • use automated tools (including scraping, crawling, data mining, AI harvesting, or similar technologies) to extract or reuse Website content.

Any unauthorized use may result in immediate termination of access to the Website and may give rise to legal action, including claims for damages, injunctive relief, and recovery of legal costs.

User-Generated Content

You may share photographs of Products you have legitimately purchased on social media for personal, non-commercial purposes, provided that:

  • you do not alter brand elements or remove copyright notices;
  • you do not imply endorsement, partnership, or affiliation without our consent;
  • you do not use our trademarks in paid advertising or resale contexts.

If you tag or share content featuring our Products publicly, you grant Elara Maison Heritage a non-exclusive, worldwide, royalty-free license to repost such content for marketing purposes, unless you expressly request otherwise in writing.

All goodwill arising from the use of our trademarks belongs exclusively to Elara Maison Heritage.

14. User Content (Reviews, Messages, Submissions)

If you submit, upload, post, or otherwise provide any content to us or through the Website (including reviews, photographs, comments, messages, testimonials, or social media tags) (“User Content”), you represent and warrant that:

  • you are the author and lawful owner of such content, or you have obtained all necessary rights and permissions;
  • the content does not infringe any intellectual property rights, privacy rights, publicity rights, or other rights of any third party;
  • the content does not contain unlawful, defamatory, abusive, misleading, or offensive material;

the content complies with all applicable laws and regulations.

14.1 License Grant

By submitting User Content, you grant Elara Maison Heritage a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

  • use, reproduce, modify, adapt, publish, translate, distribute, and display such content;
  • incorporate the content into marketing materials, product pages, social media, newsletters, advertising campaigns, and other promotional or commercial materials;
  • use the content in both digital and print formats,

for legitimate business purposes, without further compensation, unless mandatory law requires otherwise.

This license does not transfer ownership of your content but allows us to use it in connection with our brand activities.

14.2 Moral Rights

To the extent permitted by applicable law, you waive any moral rights in relation to the use of User Content, including the right to be identified as the author, provided that such waiver does not conflict with mandatory legal provisions.

14.3 Content Moderation

We reserve the right (but are not obliged) to:

  • monitor User Content,
  • remove or refuse to publish content that violates these Terms,
  • suspend or restrict user access for repeated or serious violations.

14.4 Indemnification

You agree to indemnify and hold harmless Elara Maison Heritage from any claims, damages, liabilities, or expenses (including legal fees) arising from User Content you submit that violates these Terms or applicable law.

15. Third-Party Links and External Services

The Website may contain links to third-party websites, platforms, applications, payment providers, social media networks, logistics providers, or other external services (“Third-Party Services”).

Such Third-Party Services are not owned, operated, or controlled by Elara Maison Heritage.

We:

  • do not endorse or assume responsibility for the content, policies, products, services, or practices of any third party;
  • make no representations or warranties regarding the accuracy, legality, or reliability of any third-party materials;
  • are not liable for any loss, damage, or dispute arising from your interaction with such Third-Party Services.

Your use of any Third-Party Service is subject solely to that third party’s terms and privacy policies.

We encourage you to carefully review the applicable terms and privacy statements before engaging with any external website or service.

To the fullest extent permitted by applicable law, Elara Maison Heritage disclaims all liability for:

  • content hosted on external platforms,
  • transactions conducted outside the Website,
  • data handling by third parties,
  • technical failures, security issues, or losses occurring within Third-Party Services.

Access to external links is provided solely for convenience and does not constitute partnership, endorsement, or affiliation unless explicitly stated.

16. Privacy & Cookies

We process your personal data in accordance with our Privacy Policy and Cookie Policy, which form an integral part of these Terms.

By using the Website or placing an Order, you acknowledge that:

  • your personal data may be processed for the purposes of order fulfillment, customer service, legal compliance, fraud prevention, and (where permitted) marketing;
  • cookies and similar technologies are used to ensure proper Website functionality, security, analytics, and performance.

Where required by applicable law (including the GDPR and similar regulations), non-essential cookies are used only based on your prior consent.

You may manage or withdraw your cookie preferences at any time through the Cookie Settings tool available on the Website.

For full details regarding data collection, processing purposes, retention periods, international transfers, and your legal rights, please refer to:

  • Privacy Policy
  • Cookie Policy

Nothing in these Terms limits your statutory data protection rights under applicable law.

17. Children’s Use of the Website

The Website and our Products are intended for use by adults only.

We do not knowingly market to, sell to, or enter into contracts with individuals under the age of 18 (or the age of majority in their jurisdiction, if higher).

We do not knowingly collect personal data from children within the meaning of applicable data protection laws, including but not limited to:

  • Article 8 GDPR (EU/EEA),
  • UK GDPR,
  • the U.S. Children’s Online Privacy Protection Act (COPPA),
  • or other applicable child data protection regulations.

If we become aware that personal data has been provided by a child without appropriate legal basis or parental consent (where required), we will take reasonable steps to:

delete such data without undue delay; and/or

obtain valid parental or guardian consent where legally required.

Parents or legal guardians who believe that a child has submitted personal data to us should contact us immediately at:

📧 privacy@elaramaison.com

We will investigate the matter and take appropriate action in accordance with applicable law.

18. Limitation of Liability

To the fullest extent permitted by applicable law:

Elara Maison Heritage shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or business interruption, arising out of or in connection with:

  • use of or inability to use the Website;
  • delays in delivery;
  • third-party carrier actions;
  • third-party service providers;
  • external links or platforms;
  • improper installation, misuse, or unauthorized modification of Products.

Our total aggregate liability arising out of or related to any Order, Product, or use of the Website shall in no event exceed the amount actually paid by you for the specific Product(s) giving rise to the claim.

To the extent permitted by law, we shall not be liable for:

  • delays caused by force majeure events;
  • errors resulting from inaccurate information provided by you;
  • aesthetic variations inherent to natural materials or handcrafted products;
  • damage occurring after risk has passed to the customer under these Terms.

Nothing in these Terms shall exclude or limit liability:

  • for death or personal injury caused by negligence where such exclusion is prohibited;
  • for fraud or fraudulent misrepresentation;
  • for mandatory statutory consumer rights that cannot be lawfully excluded or limited.

If applicable law in your jurisdiction does not allow certain limitations of liability, some of the above limitations may not apply to you.

19. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Elara Maison Heritage, its owner, affiliates, partners, suppliers, service providers, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • your breach of these Terms;
  • your misuse of the Website;
  • your violation of any applicable law or regulation;
  • your infringement of any intellectual property, privacy, or other rights of a third party;
  • content or materials submitted by you that are unlawful, misleading, defamatory, or infringing.

This indemnification obligation applies only to the extent that the claim arises from your conduct or breach and shall not apply where the damage is caused solely by Elara Maison Heritage.

Nothing in this section limits any mandatory consumer protections under applicable law.

20. Force Majeure

Elara Maison Heritage shall not be liable for any delay, failure to perform, or inability to fulfill its obligations under these Terms where such delay or failure results from events beyond our reasonable control (“Force Majeure Event”).

Force Majeure Events include, but are not limited to:

  • carrier or logistics disruptions;
  • customs inspections, delays, or regulatory holds;
  • acts of government or public authorities;
  • changes in laws or regulations;
  • pandemics, epidemics, or public health emergencies;
  • strikes, labor disputes, or industrial actions;
  • natural disasters (including floods, earthquakes, storms, or fires);
  • war, armed conflict, terrorism, or civil unrest;
  • supply chain disruptions beyond our direct control;
  • failures of telecommunications networks or essential infrastructure.

In the event of a Force Majeure Event:

  • our obligations shall be suspended for the duration of the event;
  • delivery timelines shall be extended accordingly;
  • we will take reasonable steps to mitigate the effects of the disruption.

If the Force Majeure Event continues for an extended period and materially prevents performance, either party may have the right to terminate the affected Order, in which case any amounts paid for undelivered Products will be refunded.

Nothing in this section limits your mandatory consumer rights under applicable law.

21. Changes to These Terms

We reserve the right to amend, modify, or update these Terms at any time to reflect:

  • changes in applicable laws or regulatory requirements,
  • operational or logistical adjustments,
  • updates to our business model or services,
  • security enhancements, or
  • other legitimate business reasons.

The updated version of the Terms will be published on the Website with a revised Effective Date.

Unless otherwise required by mandatory consumer protection laws, the updated Terms shall apply to:

  • all use of the Website after publication; and
  • all Orders placed after the updated Effective Date.

Orders placed before the Effective Date of the revised Terms will continue to be governed by the version of the Terms in force at the time the Contract was formed.

Where required by applicable law, we may provide additional notice of material changes.

Your continued use of the Website following the publication of updated Terms constitutes acceptance of those changes, to the extent permitted by applicable law.

If you do not agree with the revised Terms, you must discontinue use of the Website.

22. Governing Law and Dispute Resolution

Because we serve multiple regions, the rules below are structured to protect Elara Maison while respecting mandatory consumer laws.

22.1 EU/EEA/UK Consumers

If you are a consumer in the EU/EEA or the UK:

  • You benefit from mandatory consumer protections in your country of residence.
  • Disputes may be brought in courts that have jurisdiction under applicable consumer law, and you may also have access to consumer ADR/ODR mechanisms where applicable.

22.2 USA

To the extent permitted by law, disputes will be governed by the laws of Poland, without prejudice to mandatory consumer rights that may apply in your state.
We encourage resolving concerns first by contacting customer support.

(If you want stronger US protection, we can add an arbitration clause + class action waiver, but it must be drafted carefully for enforceability and should be reviewed by a US lawyer.)

22.3 UAE

To the extent permitted, disputes are governed by the laws of Poland, without prejudice to mandatory UAE consumer protections where applicable.

22.4 General Venue (Business Customers)

For B2B customers, disputes shall be subject to the competent courts in Kraków, Poland, unless we agree otherwise in writing.

23. Severability

If any provision of these Terms is found by a court or competent authority to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed severed from these Terms and shall not affect the validity, legality, or enforceability of the remaining provisions.

The remaining provisions shall continue in full force and effect.

Where possible, any invalid or unenforceable provision shall be interpreted or modified to the minimum extent necessary to reflect the original commercial intent of the parties while remaining legally compliant.

Nothing in this section shall affect mandatory consumer rights under applicable law.

24. Entire Agreement (Strengthened Legal Version)

These General Terms & Conditions of Sale and Website Use, together with all policies expressly referenced herein (including, without limitation, the Privacy Policy, Cookie Policy, Shipping Policy, Returns Policy, Warranty Policy, and any Product-specific terms published on the Website), constitute the entire agreement between you and Elara Maison Heritage regarding:

  • access to and use of the Website; and
  • any purchase of Products through the Website.

They supersede and replace all prior or contemporaneous communications, representations, understandings, or agreements, whether oral or written, relating to the same subject matter.

No waiver, modification, or amendment of these Terms shall be binding unless made in writing and published by Elara Maison Heritage on the Website or otherwise formally communicated by an authorized representative.

In the event of any conflict between these Terms and a specific policy or mandatory consumer protection law applicable in your jurisdiction, the more specific policy or mandatory legal provision shall prevail to the extent required by law.

25. Contact

If you have any questions regarding these General Terms & Conditions, your Order, delivery, returns, or any related matter, you may contact Elara Maison Heritage through the official contact channels available on the Website.

For legal and contractual correspondence, please use:

Customer Support Contact Form:
www.elaramaison.com/contact

General Inquiries:
customerservice@elaramaison.com

All communications should include sufficient details (such as Order number, full name, and relevant information) to allow us to respond efficiently.

Formal legal notices must be submitted in writing and may require additional verification. Electronic communication may constitute written communication for the purposes of applicable law, unless mandatory legal provisions require otherwise.

We aim to respond within a commercially reasonable timeframe; however, response times may vary depending on the complexity of the matter and operational volume.