Terms of service

TERMS OF SERVICE

Last updated: September 20, 2026

This website is operated by Elara Cape Town. Throughout the site, the terms "we", "us" and "our" refer to Elara Cape Town.

Elara Cape Town offers this website, including all information, products, tools and services available through this site, subject to your acceptance of the terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service, including any additional policies referenced herein or available through our website.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms.

Nothing in these Terms affects your statutory rights as a consumer under applicable consumer protection laws.

ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your country of residence, or that you have the consent of a parent or legal guardian to use this website where permitted by law.

You may not use our products or Services for any unlawful or unauthorised purpose, nor may you violate applicable laws, including copyright and consumer protection laws.

Any material breach of these Terms may result in the termination or restriction of your access to the Service.

GENERAL CONDITIONS

We reserve the right to refuse or restrict access to the Service where reasonably necessary, including in cases of suspected fraud, abuse or unlawful activity.

Content you submit, excluding payment information, may be transferred across different networks. Payment information is processed securely by our payment service providers.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We aim to ensure that the information presented on our website is accurate, complete and up to date.

However, general website content may occasionally contain errors, omissions or outdated information.

We reserve the right to correct, update or modify website content where reasonably necessary.

MODIFICATIONS TO SERVICES AND PRICES

Product prices may change without prior notice before an order is placed.

We may modify or discontinue products or parts of our website where reasonably necessary.

Changes will not affect orders that have already been accepted, except where required by law or agreed with the customer.

All applicable product prices and delivery charges will be presented before the customer completes their purchase.

PRODUCTS AND SHIPPING

Our products are available for purchase through our online store and may be subject to limited availability.

Returns and refunds are governed by our Return & Refund Policy.

We make reasonable efforts to display our products accurately, including their colours, materials, sizes and appearance.

However, colours may vary slightly depending on your screen, device settings and lighting conditions.

Orders may be fulfilled through international sourcing and logistics partners. Products may be dispatched from locations outside the customer's country of residence.

Delivery times may vary depending on product availability, destination, customs procedures and transport conditions.

Any applicable VAT, customs duties or import charges will be handled in accordance with the information provided before purchase and applicable law.

Estimated delivery times are provided for guidance and may be affected by circumstances outside our reasonable control.

For further information, please refer to our Shipping Policy.

BILLING AND ACCOUNT INFORMATION

We may refuse or cancel an order where reasonably necessary, including suspected fraud, incorrect pricing, product unavailability or payment failure.

You agree to provide accurate, complete and current purchase, billing and delivery information.

If an order is cancelled after payment, any refund due will be issued to the original payment method, unless otherwise required by law or agreed with the customer.

Payments are processed through the payment methods available at checkout.

OPTIONAL THIRD-PARTY TOOLS

We may provide access to tools or services operated by third parties.

These tools may be subject to separate terms, conditions and privacy policies.

Your use of optional third-party tools is at your discretion and subject to the relevant provider's terms.

THIRD-PARTY LINKS

Our website may contain links to third-party websites that are not operated or controlled by Elara Cape Town.

We are not responsible for the content, privacy practices or transactions conducted independently on third-party websites.

We recommend reviewing their terms and privacy policies before using their services.

Nothing in this section limits our responsibility for obligations that cannot legally be excluded.

USER COMMENTS AND SUBMISSIONS

You remain responsible for the legality, accuracy and content of any comments, reviews or other materials you submit.

By submitting non-confidential content, you grant us a non-exclusive licence to use, reproduce and display that content for operating, promoting and improving our Services.

You must not submit unlawful, misleading, abusive, discriminatory or infringing content.

PERSONAL INFORMATION

The collection, processing and use of personal information through our website are governed by our Privacy Policy.

We are committed to handling your information responsibly and in accordance with applicable data protection laws.

Store: Elara Cape Town

Website: https://elaracapetown.co.za

Email: contact@elaracapetown.co.za

ERRORS AND OMISSIONS

We may correct errors, inaccuracies or omissions relating to product descriptions, prices, promotions, delivery charges and availability.

If an error affects an order you have already placed, we will contact you and provide an appropriate solution, including cancellation and a refund where applicable.

PROHIBITED USES

You are prohibited from using our website to:

Engage in unlawful or fraudulent activity.
Violate intellectual property or privacy rights.
Submit malicious code, viruses or harmful technology.
Collect personal information without lawful permission.
Harass, threaten, discriminate against or abuse others.
Interfere with the security or operation of the Service.
Misrepresent your identity or provide fraudulent purchase information.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that our website will always be uninterrupted, secure or free from technical errors.

To the fullest extent permitted by applicable law, we are not liable for indirect or consequential losses that were not reasonably foreseeable when the contract was formed.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, defective products, goods that are not as described, or any liability that cannot legally be excluded.

All products remain subject to applicable mandatory consumer guarantees and statutory rights.

INDEMNIFICATION

To the extent permitted by law, you are responsible for losses caused by your unlawful misuse of the Service, intentional infringement of third-party rights or material breach of these Terms.

This section does not reduce or remove any rights or remedies available to you as a consumer.

SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will continue in full force to the extent permitted by law.

TERMINATION

These Terms remain effective while you use our website or Services.

We may suspend or terminate access where you materially breach these Terms, misuse the Service or engage in unlawful activity.

Termination does not affect rights and obligations that arose before termination.

ENTIRE AGREEMENT

These Terms, together with the policies referenced on our website, form the agreement between you and us regarding your use of the Service and purchases made through our website.

Nothing in this section limits representations, consumer guarantees or rights that cannot legally be excluded.

GOVERNING LAW

These Terms are governed by the laws of Portugal, subject to applicable mandatory consumer protection laws.

Customers located in South Africa may benefit from mandatory consumer rights available under South African law where applicable. Nothing in these Terms excludes or restricts any consumer right that cannot lawfully be waived or limited, regardless of the governing law of this agreement.