Terms of service
We welcome you to ZELAE. The terms “we”, “us” and “our” refer to ZELAE. ZELAE operates this store and website, including all information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). ZELAE uses Shopify technology that enables us to provide you with the Services.
The following terms and conditions, and all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By viewing, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any minors in your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be asked to provide certain information, such as your email address, billing address, payment method, and shipping address. 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 credentials and all activity under your account. You may not transfer, sell, or assign your account to another person, nor grant licenses tied to that account.
SECTION 2: OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those displayed 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 we may limit the quantities of products we offer to any person, geographic region or jurisdiction as applicable.
SECTION 2 BIS: NATURE OF THE PRODUCTS AND RELATIONSHIP WITH BRANDS
ZELAE sells authentic pre-owned luxury items, sourced mainly from private individuals, private collections, and collaborators specialized in the second-hand market.
Although some items may be unused or in like-new condition, all products available on ZELAE are considered second-hand items, as they do not come from the official distribution channels of the brands.
ZELAE is not an official distributor and is not affiliated in any way with the brands whose products it sells.
The names, logos, and registered trademarks that may appear in the store belong exclusively to their respective owners and are used solely for descriptive purposes, to clearly identify the items offered.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. ZELAE reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until ZELAE confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before submitting it, as ZELAE may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order in any way, we will attempt to notify you via the email address, billing address, or telephone number provided when the order was placed.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.
SECTION 4: PRICES 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 set out in the order confirmation email you receive. Unless expressly stated otherwise, posted prices do not include charges for taxes, shipping, order handling, customs clearance, or import fees.
The prices listed in our online stores may differ from those offered in physical stores, other online stores, or other channels operated by third parties. From time to time, we may offer promotions through the Services that may affect prices and are governed by terms and conditions separate from these Terms. If there is any conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, such as your email address and 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 such credit card for the purchase; (iii) your credit card company will honor the charges you incur; and (iv) you will pay the charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.
SECTION 5: SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping companies, customs processing, or events beyond our control. Once we hand the products over to the shipping company, title and risk pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services, including, without limitation, trademarks, logos, text, samples, images, graphics, product reviews, video and audio, and their design, selection, and arrangement, are owned by ZELAE, its affiliates, or licensors and are protected by Spanish law, European Union law, and, where applicable, other relevant jurisdictions’ copyright and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms grants or shall be construed as granting you a license or any other right to patents, trademarks, copyrights, or any other form of intellectual property of ZELAE, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. ZELAE reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of ZELAE are trademarks of ZELAE, its affiliates, or its licensors. You must not use such trademarks without ZELAE’s prior written consent. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be given access to client tools provided by third parties over which we have no control, oversight, or input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations, or conditions of any kind and without endorsement. We will not be liable for any issues arising from or related to your use of optional third-party tools.
Any use you make of optional third-party tools offered through the site is entirely at your own discretion and risk, and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and will be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor do we guarantee the accuracy of, any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damage related to your access to third-party websites or your purchase or use of products, services, or resources from third-party websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9: RELATIONSHIP WITH SHOPIFY
ZELAE uses Shopify technology, which allows us to provide you with the Services. However, any sale and purchase made in our store is conducted directly between you and ZELAE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and ZELAE, including any injury, damage, or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising out of or related to your purchases and transactions with ZELAE.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. For the purpose of providing you with services, information you submit to the Services will be transmitted to Shopify and to third parties that may be located in countries other than your own and will be shared with them. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under these Terms of Service.
You also represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with submitting the Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) treat your Comments as confidential; (2) provide compensation for your Comments; or (3) respond to your Comments.
We may, but have no obligation to, monitor, edit, or remove Comments that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain libelous or unlawful, abusive, or obscene material, nor 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 Comments. You are solely responsible for any Comments you make and their accuracy. We are not liable for any Comments posted by you or any third party.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information in or related to the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and 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 purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as we determine, may harm ZELAE, Shopify, or users of the Services or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used or could be used in any way that affects the functionality or performance of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, engage in phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and your liability for all amounts due up to and including the date of termination may remain in effect.
The following sections will survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.
SECTION 15: DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available solely for general information purposes. 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 arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY ZELAE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES WITHOUT INTERRUPTION, IN A TIMELY, SECURE, OR ERROR-FREE MANNER. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZELAE, 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, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED 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 MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ZELAE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, it being understood that failure to promptly notify you will not relieve you of your obligations unless you suffer substantial prejudice as a result. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You will cooperate with us in the defense of claims subject to indemnification, including by providing relevant documents.
SECTION 18: SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity or enforceability of any other remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms together with our rights and obligations without your consent or notice to you.
SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with Spanish law.
For any dispute arising from access to or use of the Services, you and ZELAE submit, with express waiver of any other jurisdiction that may apply, to the Courts and Tribunals of Seville (Spain), unless consumer and user protection regulations establish a different mandatory jurisdiction.
SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for periodically visiting our website to check for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect as of the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24: CONTACT INFORMATION
Any questions about the Terms of Service must be sent to us at hello@zelaecompany.com.
Our contact information is listed below:
ZELAE
hello@zelaecompany.com
Calle Balbino Marrón, 6, 41018 Seville, Spain
+34 630 384 328
B56569528
ESB56569528
