1. Introduction

Welcome to ELYA, an online marketplace that offers users access to home and decor products; hereinafter referred to as the “Site” which refers to our website at www.elya.lk. By accessing, browsing, or using the Site, you expressly agree to be bound by these Terms and Conditions and any additional policies posted on the Site. These Terms constitute a legally binding agreement between you and ELYA.

The Site is owned and operated by ELYA (“we,” “us,” “our”). We may update these Terms at any time. Changes will take effect immediately upon posting on the Site. If any material changes are made, we will notify users via email or through a notice on the Site. Your continued use of the Site following such notification constitutes acceptance of the revised Terms. If you do not agree to the changes, you must discontinue use of the Site.

2. User Account

• Account Creation – To access certain features of the Site, you may be required to create an account by providing accurate and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to immediately notify us if you suspect any unauthorized access to or use of your account.
• Account Security – You are responsible for securing your account and preventing unauthorized access or misuse. If you believe your password or account information has been compromised, you agree to promptly update your account details or contact our support team for assistance.
• Account Termination – We reserve the right to suspend or terminate your account at any time for any reason, with or without cause, including but not limited to a breach of these Terms or fraudulent activities, misusing the Site. You may also request deactivation of your account, subject to applicable legal obligations and resolution of any outstanding transactions.

3. Privacy and Data Protection

• Privacy Agreement – By using or accessing the Site you are agreeing to the collection, use, and handling of your personal information as described in our Privacy Policy. You hereby consent to the collection, use, and handling of your personal information for the purposes of providing services, fulfilling transactions, and ensuring the security of the Site, including through third-party service providers such as payment processors.
• Third Party Services – We may share your personal information with trusted third-party service providers to facilitate transactions, process payments, and operate the Site. These providers are contractually bound to maintain confidentiality and comply with applicable data protection laws. While we take reasonable measures to protect your personal information, we cannot guarantee absolute security against unauthorized access or breaches.

4. Transactions, Payments, and Product Information

• Purchase and Sale Agreement – You agree, understand, and acknowledge that the Site is an online platform that enables you to purchase home and décor products directly from us at the prices indicated therein, at any time and from any location, using a payment method of your choice. You are responsible for reviewing the product details and pricing before completing your purchase. You further agree and acknowledge that we are the sole seller of the products offered on the Site and that all purchases constitute a direct contract of sale between you and ELYA. Payment processing is facilitated through independent service providers, and in the case of electronic card prepayments, your issuer bank. You further acknowledge that we act solely as a facilitator and have no control over, nor do we bear any responsibility for, the processing of payments through the payment gateway, which is provided by an independent service provider.
• Processing of Payment – Payments for the products or services on the Site are processed through independent third-party payment processors. While ELYA does not store or have direct access to your payment information, we will assist in resolving disputes related to failed transactions, unauthorized charges, or payment processing errors, subject to the policies of the respective payment providers. All payment-related transactions are also subject to the terms and conditions of the respective payment providers.
• Product Information and Accuracy – While we strive to provide accurate and up-to-date product descriptions, images, and pricing, we do not warrant the accuracy, completeness, or reliability of such information. Colors, sizes, and other product specifications may vary due to lighting, monitor settings, or other factors beyond our control. ELYA is not responsible for any discrepancies between the product as displayed on the Site and the actual product received.
• Order Pickup & Acceptance of Goods – If you opt for in-store pickup, you are required to inspect all items at the time of collection. Once the product leaves our store, it is deemed accepted in good condition, except for hidden defects that could not have been reasonably detected upon inspection. If a hidden defect is discovered within 24 hours of pickup, you must notify ELYA
  immediately to arrange for an exchange or resolution. If a hidden defect is reported, ELYA will investigate the issue and determine the appropriate resolution based on the circumstances.
  No cash refunds are provided under any circumstances. Refunds for payments made via bank transfer, credit card, or any other method of payment will not be issued. Exchanges are allowed within 7 days of purchase, provided that the item is unused, in its original condition, and accompanied by the original receipt.
• Online Orders & Delivery of Goods – Customers must inspect all products upon delivery. If any item is found to be damaged or incomplete, the issue must be reported to the delivery personnel, and the item should be refused. If a hidden defect is discovered within 48 hours of delivery, you must notify ELYA’s support team to request a resolution. Once accepted, products will be considered received in good condition, and claims for physical damage after this period will not be entertained.
  Delivery times are generally estimated between 2 to 5 business days; however, this may vary depending on the supplier. ELYA is not liable for any delays caused by third-party couriers.
• Product Unavailability & Refund Process – While we strive to maintain accurate stock information, certain products may become unavailable due to supplier constraints, technical errors, or inventory discrepancies. In such cases, ELYA will inform the customer within 3 working days, and upon verification of the transaction, a refund will be processed within 10 working days.

5. Availability and Access to the Site

• Site Availability – While we make every effort to ensure the Site is accessible and free from interruptions, ELYA does not guarantee continuous availability, and shall not be liable for any downtime, interruptions, or unavailability of the Site. The Site may be unavailable from time to time for scheduled maintenance, system updates, or due to unforeseen technical issues.
• Suspension and Restrictions – We reserve the right to suspend or restrict access to the Site, temporarily or permanently, without prior notice, for reasons including maintenance, security measures, or legal compliance.

6. Intellectual Property

• Ownership – All content on the Site, including text, images, videos, graphics, logos, and trademarks, is owned or licensed by ELYA. Unauthorized use or reproduction of any content from the Site is prohibited and may violate intellectual property laws.
• License – You are hereby granted a limited, non-exclusive, non-transferable license to access and use the Site solely for personal and non-commercial purposes. Any use of the Site for other purposes without our prior written consent is prohibited.

7. Disclaimers and Limitation of Liability

• No Warranty – The Service is provided on an “as-is” and “as-available” basis. We do not warrant the availability, accuracy, or functionality of the Site. We disclaim all liability for errors, omissions, or interruptions in the Service. Additionally, we do not warrant that the Site will be error-free, uninterrupted, or free of viruses or other harmful components.
• Limitation of Liability – To the fullest extent permitted by law, ELYA and its affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use or inability to use the Site, including but not limited to damages to data, devices, or systems. Nothing in these Terms shall exclude or limit liability for fraud, gross negligence, or any statutory consumer rights that cannot be lawfully excluded.

8. Refunds & Exchanges

• Refunds are only issued in cases where a purchased product is unavailable due to a technical
  error or inventory discrepancy (see 4.6).
• Refunds for change of mind will not be accepted.
• Items sold under limited-time deals or promotions are non-refundable.
• If a product is not as described, customers must contact our support team within 24 hours of receipt. At ELYA’s discretion, a replacement, an alternative product of equal value, or a refund may be provided.
• Refunds (where applicable) will be processed within 10 working days by ELYA. Additional processing time may be required by banks or financial institutions, for which ELYA will not be held liable.
• Exchanges are allowed within 7 days of purchase, provided the item is unused, in its original condition, and accompanied by the original receipt.

9. Indemnification

You agree to indemnify, defend, and hold harmless ELYA, its affiliates, directors, employees, agents, and assigns from and against any and all claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, your breach of these Terms, or any infringement of third-party rights.

10. Governing Law and Dispute Resolution

• Governing Law – These Terms are governed by the laws of Sri Lanka, without regard to its conflict of law principles.
• Dispute Resolution – In the event of a dispute, you agree to first attempt resolution through our support team. If the issue remains unresolved, disputes may be settled through mediation or arbitration in Sri Lanka before resorting to court proceedings. If arbitration is elected, it will be conducted by a neutral arbitrator under the applicable arbitration rules. If litigation is necessary, you agree to the exclusive jurisdiction of the courts of Sri Lanka.