Terms & Conditions
Welcome to elsska.com (the “Site”). The Site is owned and operated by ELSSKA LLC, a Florida limited liability company (“Elsska,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of the Site and your purchase of products from us (together, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16.
By using the Site, creating an account, or placing an order, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 18 years old, or the age of majority where you live, to place an order or create an account. By using the Services, you represent that you meet this requirement and can form a binding contract.
2. Accounts
You may need an account to use certain features. You agree to provide accurate and complete information and keep it up to date. You are responsible for keeping your password confidential and for all activity under your account. Notify us immediately at info@elsska.com if you suspect unauthorized use. We may suspend or close accounts that violate these Terms.
3. Products and Descriptions
We try to describe and display products as accurately as possible. However, colors, sizes, and details may vary slightly because of monitor settings, lighting, and manufacturer changes. We do not warrant that product descriptions, images, or other content are complete, current, or error-free. If a product you receive is not as described, your remedy is to return it under our Returns Policy.
All products are subject to availability. We may limit quantities, discontinue products, or change product offerings at any time without notice.
4. Orders and Acceptance
Your order is an offer to buy. Receiving an order confirmation email does not mean we have accepted your order. We accept your order when we ship the product and send you a shipping confirmation.
We reserve the right to refuse, limit, or cancel any order for any reason, including product availability, errors in product or pricing information, suspected fraud or unauthorized activity, or orders that appear to be placed by resellers or distributors. If we cancel an order after you have been charged, we will refund the full amount charged.
5. Pricing and Payment
All prices are in U.S. dollars and may change at any time without notice. Despite our efforts, a product may occasionally be listed at an incorrect price. If we discover a pricing error, we may cancel the order or contact you for instructions before shipping, even after an order confirmation has been sent.
You agree to pay all charges for your order, including the product price, applicable shipping charges, and applicable sales and use taxes. We collect sales tax where required by law. By providing a payment method, you represent that you are authorized to use it and you authorize us and our third-party payment processors to charge it. We do not store full payment card numbers on our servers.
6. Promotions and Discount Codes
Promotions, discount codes, and gift offers are subject to the specific terms stated with the offer. Unless otherwise stated, discount codes cannot be combined, have no cash value, cannot be applied to past orders, and may be changed or withdrawn at any time. We may cancel orders that use codes obtained or used in violation of their terms.
7. Shipping, Title, and Risk of Loss
Shipping methods, costs, and estimated delivery times are described in our Shipping Policy, which is incorporated into these Terms. Delivery dates are estimates and are not guaranteed. If we cannot ship your order within the time stated, or within 30 days if no time is stated, we will notify you and give you the option to cancel for a full refund.
Title to and risk of loss for products pass to you when we deliver them to the shipping carrier. If your package is lost or arrives damaged, please contact us at info@elsska.com and we will help you file a claim with the carrier.
We currently ship only to addresses within the United States unless otherwise stated on the Site.
8. Returns and Refunds
Returns, exchanges, and refunds are governed by our Returns Policy, which is incorporated into these Terms. Please review it before placing an order.
9. Warranties and Disclaimers
Some products may be covered by a manufacturer’s warranty. Any such warranty is provided by the manufacturer, not by Elsska, and claims must be made directly to the manufacturer.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, THE SERVICES, AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some states do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELSSKA LLC OR ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR ANY PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless ELSSKA LLC and its owners, members, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to (a) your violation of these Terms, (b) your violation of any law or the rights of a third party, or (c) content you submit to the Site.
12. Intellectual Property
The Site and its content, including text, graphics, logos, images, product photos, and software, are owned by or licensed to Elsska and are protected by copyright, trademark, and other laws. Brand names and trademarks of the products we sell belong to their respective owners, and their appearance on the Site does not imply any endorsement by or affiliation with those owners beyond our role as a retailer.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial shopping. You may not copy, reproduce, republish, distribute, sell, or create derivative works from any Site content without our prior written permission.
13. Prohibited Uses
You agree not to:
- use the Services for any unlawful or fraudulent purpose;
- place orders using false information or a payment method you are not authorized to use;
- buy products for resale or commercial distribution without our written consent;
- use bots, scrapers, crawlers, or other automated means to access the Site or collect data from it;
- interfere with or disrupt the Site, its servers, or its security features;
- attempt to gain unauthorized access to any part of the Site or other users’ accounts;
- upload viruses or other malicious code;
- post content that is false, defamatory, obscene, harassing, or infringes anyone’s rights; or
- use the Site to send unsolicited advertising or spam.
14. Reviews and User Content
If you submit reviews, comments, photos, or other content (“User Content”), you represent that it is truthful, reflects your honest experience, and does not infringe anyone’s rights. You grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, and distribute your User Content in connection with the Services and our marketing. We may remove User Content at our discretion, but we do not remove reviews simply because they are negative.
15. Copyright Complaints
If you believe content on the Site infringes your copyright, please send a notice to info@elsska.com that includes: identification of the copyrighted work; identification of the allegedly infringing material and its location on the Site; your contact information; a statement that you have a good-faith belief that the use is not authorized; a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf; and your physical or electronic signature.
16. Dispute Resolution; Binding Arbitration; Class Action Waiver
(a) Informal resolution. Before starting any formal proceeding, you and we agree to try to resolve any dispute informally. Please send a written description of your claim to info@elsska.com. If the dispute is not resolved within 30 days after the notice is received, either party may begin arbitration.
(b) Agreement to arbitrate. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product purchased from us will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will take place in the county where you live or by video conference, unless both parties agree otherwise. The Federal Arbitration Act governs this Section. Payment of filing and arbitrator fees will be governed by the AAA’s rules.
(c) Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive relief in court for infringement or misuse of intellectual property.
(d) Class action waiver. YOU AND ELSSKA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person. If this class action waiver is found unenforceable, this entire Section 16 (other than this sentence) will be void.
(e) Opt-out. You may opt out of this arbitration agreement by emailing info@elsska.com with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms. Include your name, email address, and a clear statement that you wish to opt out. Opting out will not affect any other part of these Terms.
17. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, and by the Federal Arbitration Act where applicable. For any dispute not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida.
18. Third-Party Links and Services
The Site may contain links to or content from third-party websites and services, such as payment processors and shipping carriers. We are not responsible for their content, policies, or practices, and your use of them is at your own risk.
19. Electronic Communications
By using the Services, you consent to receive communications from us electronically, including order confirmations, shipping notices, and notices about these Terms. You agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that they be in writing. Marketing emails and text messages are sent only as described in our Privacy Policy, and you may opt out at any time.
20. Termination
We may suspend or end your access to the Services at any time, without notice, if we believe you have violated these Terms or the law. Sections that by their nature should survive termination, including Sections 9 through 17, will survive.
21. Changes to These Terms
We may update these Terms from time to time. When we do, we will change the “Last updated” date above. Changes apply to orders placed and use of the Site after the updated Terms are posted. The Terms in effect when you placed an order will apply to that order.
22. General
These Terms, together with our Privacy Policy, Shipping Policy, and Returns Policy, are the entire agreement between you and us about the Services. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent; we may assign them without restriction. We are not liable for delays or failures caused by events beyond our reasonable control, such as natural disasters, carrier delays, labor disputes, or internet outages. Section headings are for convenience only.
23. Contact Us
ELSSKA LLC
7411 114th Avenue, Suite 301-152
Largo, FL, United States
Email: info@elsska.com
Phone: +1 (305) 563-2002