Orders and shipping

These general terms and conditions of sale (“t&cs”) govern the offer and sale (together with the documents referred to below including the privacy policy and general terms and conditions of use) of products marked with the ellyha” trademark (“products”) on the website ellyha.com (the “website”).

Please read these t&cs carefully before ordering any products on the website. If you are placing a “Pre-Order” order, please refer to the pre-order section below as additional terms and conditions apply. By ordering any of our products on the website, you agree to be bound by these t&cs.

The products purchased on the website are sold by ELLYHA Sàrl, with registered office at 4b ch. des Sarments, 1222 Vésenaz – Switzerland, tax code and VAT number CHE-319.454.066, (“ELLYHA” or “we” or “us”).

For any other legal information, please go to the following sections of the website: privacy policy , returns and refunds.

1. Our business policy

1.1 ELLYHA offers its products for sale on the website, available exclusively to its end users i.e. any natural person who is acting for purposes which are outside his/her trade, business or profession. If you are not a consumer, please do not buy any product(s) on the website. We reserve the right not to process orders received from users who are not consumers and any other order which does not comply with our business policy.

1.2 The main characteristics of products are shown on the website and on each product page. The products offered for sale on the website may not exactly correspond to the real products in terms of image, dimensions and colors depending on your internet browser or monitor quality.

1.3 Products ordered on this website may only be shipped to the countries for which shipping options are available at checkout.

1.4 ELLYHA only offers its products to consumers over the age of 18. If you are under 18 you are strictly prohibited from ordering products from the website. ELLYHA reserves the right to cancel any orders from consumers we believe to be under the age of 18.

1.5 These t&cs regulate the offer, transmission and acceptance of purchase orders relating to products on the website between the users of the website and ELLYHA.

2. How to process an order

2.1 To place an order you should select the products you desire to purchase on the website, select a size, add the items to your shopping bag by clicking on “Add To Cart”. Once you are ready to checkout, click on the “Shopping bag” icon at the top right of the screen which will display all of the products you have selected to purchase. It is your responsibility to check the items in your shopping bag are the correct style, color and size before proceeding. You may also remove one or several products you have selected by selecting “Remove” next to the chosen product in the shopping bag.

Once you are ready to proceed with your order, click on “Checkout” where you will be asked to select your preferred payment method and delivery option as well as enter personally identifiable information and after having read and accepted these t&cs, click on the relevant acceptance button.

2.2 All orders are subject to acceptance and availability. Please be aware that products in your shopping bag are not reserved and can therefore be purchased by other users until you complete the whole checkout process.

2.3 Your order is an offer to ELLYHA to buy the product(s) contained within your order and is binding for a period of 14 (fourteen) days. An order shall be deemed to have been submitted to ELLYHA when you receive an order receipt email (automatically generated) confirming the content of your order which has been received and is being assessed.

2.4 This order receipt email is a mere acknowledgement that we have received your order, but it does not confirm our acceptance of your offer to buy the products.

2.5 Your offer shall be deemed as accepted and the relevant contract of sale is effective from the moment ELLYHA dispatches the product and you receive a confirmation email containing information about the acceptance of your offer, the dispatch time, essential characteristics of the purchased products, a detailed breakdown of the price paid for each product and delivery costs and details (“order status update”). Upon shipment of your order, ELLYHA will send you a notice by email that the product(s) are being shipped and delivered to the address that you have indicated in your order. The invoice of your purchase will be attached to this notice in pdf format.

2.6 If your order is dispatched in more than one package, you may receive separate email for each package and by means of each separate order we conclude a separate contract of sale for the product(s) specified in these emails.

2.7 You may access your order form by clicking on the section called “my account”, “check your order status”.

2.8 ELLYHA reserves the right not to accept your order at its own discretion. In such case, ELLYHA will inform you by email of the cancellation of the order.

2.9 By submitting an order form, you unconditionally accept and undertake to comply with these t&cs as well as further conditions contained on the website (including the privacy policy and return & refund policy).

3. Pre-Orders

3.1 Placing a pre-order
Pre-released orders (“Pre-orders”) are orders for items that are not yet produced/in-stock. Pre-orders are collected and will be produced at the end of the collection period.

3.2 Payments
Pre-order payments do not guarantee availability of the product but represent your offer (“Offer”) to buy the item when it is generally released for sale.  We reserve the right not to accept your Offer and the your Offer is only accepted once the Pre-ordered item is despatched.

When you place a Pre-order, you will need to pay the full upfront price of the product.

3.3 Delivery
When products are produced, orders will be shipped to you. Please note that delivery times (as indicated at checkout under “Shipping” – for example “DHL DOMESTIC EXPRESS – 3 business days”) are calculated from the day we ship your order, not from the day it was placed. If you place your order during the pre-order schedule (October 16, 2023 – November 16, 2023), delivery date is estimated in January – February 2023. The above estimated delivery date is not applicable for orders placed after the above-mentioned pre-order schedule and will be reassessed accordingly.

Although we will make efforts to begin delivering products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery is only an estimate, is subject to change, and ELLYHA does not represent or warrant that it will be able to ship the product by the estimated date. As a result, in the event that a delay arises and the estimated shipment is not met, ELLYHA is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 3.4 below.

Release dates are subject to change. As a result, we cannot be liable for any changes to Release dates or pre-order windows advertised by us.

3.4 Cancellation
Either party may cancel a Pre-order at any time for any or no reason prior to our notice to you that the items has been sent to production (“Production Notice”). If cancellation occurs before the Production Notice, you will be entitled to a full refund of your pre-order payment.

The purchase of items is subject to additional terms and conditions, which will be notified to you before you complete your purchase, in your order confirmation. When you buy from our Website, our Website purchasing terms will also apply, see our general terms and conditions of sale.