terms & conditions
This website is operated by Ella Gorbo Monaco. Throughout the site, the terms “we”, “us,” and “our” refer to Ella Gorbo Monaco. Ella Gorbo offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject 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 to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on the WIX platform. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
1. General Provisions
1.1. The Purchase Regulations herein (thereinafter – Agreement) set up general mutual rights, duties, and responsibility of the seller [The Bow by Ella Gorbo] (thereinafter – Seller) and the buyer (thereinafter – Buyer) during the purchase of goods in the online store https://www.ellagorbo.com/ (thereinafter – Online store). When purchasing goods in the Online Store, the Buyer agrees with the application of the Agreement herein.
2. Conclusion of the Agreement
2.1. Agreement between the Buyer and the Seller shall be considered effective from when the Buyer pays the goods and shall be in force until the full execution of duties under this Agreement. When the Buyer does not agree with all or a certain part of the Agreement (s), he is bound not to submit an order.
3. Protection of Personal Data
3.1. When ordering goods in the Online Store, the Buyer shall be bound to provide requested during the purchase.
3.2. The Buyer shall be liable for the submission of the correct data during the purchase.
3.3. When approving the Agreement herein, the Buyer agrees to allow processing of his/her provided personal data in the Online store, which sells goods and services and with the aim to perform analysis. The Buyer also agrees to allow using his indicated email address and phone number to send notifications necessary for the execution of the orders of goods.
4. Rights and Duties of the Seller
4.1. The Seller undertakes to put his efforts to allow the Buyer to use proper services provided by the Online store.
4.2. If the Buyer tries to undermine work and stable operation of the Online Store, violates his/her obligations or harms otherwise to the activity of the Seller or its related social network or other environments, the Seller may, without advanced notification, to limit, to suspend (terminate) his/her availability to buy in the Online store, not to execute his orders and shall not be liable for any losses of the Buyer concerned it.
4.3. The Seller is entitled to amend these the Agreement unilaterally, publishing the amended ones on the website of the online store. The amendments shall enter into force from the moment of their publication and affect all transactions to be made after such publication.
4.4. The Seller has other rights and duties set up in legislation of the Principality of Monaco.
5. Rights and Duties of the Buyer
5.1. The Buyer is entitled to buy under conditions and procedures set forth by the Online store.
5.2. The Buyer shall be bound to pay the price for goods and their delivery, make other payments (if any indicated during the execution of the Agreement), and accept the ordered goods. The Buyer shall have to pay for goods in banks or payment systems indicated on Online store.
5.3. If data provided in the Buyer’s order form changes, the Buyer shall be bound to inform the Seller about it immediately.
5.4. The Buyer has other rights and duties set up in legislation of the Principality of Monaco.
6. Payment and Delivery
6.1. The Buyer undertakes to pay immediately for ordered goods. Payment methods to be offered by the Seller includes electronic banking system or PayPal advanced payment system
6.2. Having selected the good delivery service during the order, the Buyer undertakes to indicate the exact place for delivery of the goods and his/her phone number.
6.3. Depending on the delivery method to be selected by the Buyer, the Goods shall be delivered by the representative authorized by the Seller, or the Buyer shall take the goods to the post office.
6.4. The Buyer shall be bound to inform the Seller immediately if the consignment is received in the crumpled or otherwise damaged package, if non-ordered goods, unsuitable amount of them, or the incomplete constitution of the goods are provided in the consignment.
6.5. Having noticed damages of the package during delivery, the Buyer shall be bound to provide remarks in the consignment delivery document presented by the courier or do a separate act related to these damages. The Buyer shall be bound to do these actions in the participation of the courier. If such actions are not made, the Seller shall be exempted from his/her liability concerning the Buyer with regard to the damages of the goods due to the package damage, which has not been marked in the good delivery document of the courier.
7. Quality of Goods
7.1. Data related to each good to be sold in the Online store shall be indicated in the description of the goods enclosed to each item.
7.2. The Seller shall not be liable if color, shape, or other parameters of goods present in the Online store do not correspond to the real size, shapes, and color of the goods due to characteristics of the display used by the Buyer.
8. Return and Replacement of the Goods
8.1. Return/replacement of goods is available following “Regarding approval of rules for return and replacement of items”, Directive 97/7/EC of the European Parliament and the Council On the Protection of Consumers Related to the Distance Agreement, the order determinate in Article 6.366 “Sale of items where the agreements are awarded by the means of communication” of the Civil Code of the Principality of Monaco.
8.2. Replacement and return of goods is available only in the events when the good has not been used, it has not been damaged, and is still merchantable (labels have not been damaged; protective films have not been torn, etc.). Changes in the appearance of the good or its package necessary for viewing the good shall not be considered as changes of the good appearance.
8.3. If a good of low quality has been sold to the Buyer, the Buyer shall be entitled at his own choice to require from the Online store: to replace the good of low quality by the item of suitable quality; to terminate the Agreement unilaterally and to claim to return money having been paid for the good.
8.4. In order to return or replace the good, the Buyer shall be bound to do it within 14 (fourteen) calendar days as from the day of delivery of the goods to the Buyer. The Buyer shall be bound to fill in the Good Return / Replacement Sheet that shall be enclosed to the Buyer to his/her ordered goods. The filled-in sheet and VAT invoice with the goods has to reach the Seller within 7 (seven) working days, and goods from abroad – within 14 (fourteen) working days.
8.5. The Seller shall be entitled not to accept the goods to be returned by the Buyer if the Buyer does not follow terms and conditions for the return of goods stipulated in 8.2 and 8.4 clauses. Unless these conditions have been followed, the money shall not be returned. Delivery and taking of the good in such events shall be agreed individually.
8.6. If the Buyer has paid for the good by a gift coupon or a discount coupon, the coupon and additionally paid amount shall be returned. The term of the gift coupon shall remain the original one. Gift coupons shall not be exchanged for cash.
8.7. If the Buyer returns the good, which has been purchased during a promotion, an amount paid for the good with the valid discount shall be returned. When the gift is received for an exceeded indicated amount of money of the shopping cart during the promotion, i the Buyer shall be bound to return the gift in the event of a return of the goods. Gifts and prizes shall not be exchanged for cash.
8.8. If during purchase the Buyer receives free of charge delivery, in the event of a return of the good costs of shipment according to the rates in force at that time shall be deducted from the total amount paid by the Buyer (providing the good does not meet conditions of free delivery or full order is returned).
8.9. If during delivery of the goods, the Seller incurs additional delivery costs due to the client’s fault, in the event of return or replacement of the goods, the Seller shall be entitled to deduct incurred losses from to be returned.
8.10. Transportation costs, which are incurred during the return of the good, and delivery costs shall not be returned, and they have to be paid by the Buyer.
8.11. Money for returned goods has to be transferred to the Buyer and only into the Buyer’s bank account, from which payment has been made during the purchase of the good.
9. Responsibility of the Buyer and the Seller
9.1. It shall be Buyer’s responsibility to provide correct data in the order form. The Buyer undertakes responsibility for consequences due to incorrectness or inaccuracy of data provided in the order form. The Buyer shall be liable for his/her actions made during the use of the Online Store.
9.2. The Seller shall not be liable for information provided on other companies' websites even though the Buyer gets into these websites using links provided in the Seller Online Store.
9.3. In the event of loss, the guilty party shall reimburse direct losses to the other party, which has been incurred due to the former's fault.
10. Marketing and Information
10.1. The Seller shall send all notifications by communication means indicated in the order form. The Seller may initiate at his/her own discretion promotions of various types in the Online Store, an account which is on the social websites Facebook, Instagram, and in any other information means.
10.2. The Seller shall be entitled unilaterally and without special notification to change conditions of promotions as well as to eliminate them. Any change or elimination of conditions and procedures of the promotion shall be in effect only since the moment of their implementation.
10.3. The Seller shall not be liable if the Buyer does not receive sent information or approval notifications regarding disturbance of Internet connection or email service suppliers’ networks.
10.4.The Buyer shall send all notices and inquiries to phones and email addresses indicated in the section “Contacts” of the Online store.
11. Final Provisions
11.1. All disagreements having aroused or related to this Agreement between the Buyer and Seller shall be settled in the way of negotiations. Having failed to agree, the disagreements shall be solved in the Principality of Monaco under the order determined by legal acts.