Terms of Service
Terms of Service
Welcome to the elajo.club. (a Delaware corporation) website located at [https://elajo.club] ("Elajo") (the "Site"). Elajo provides this Site as a service to our customers. Please read the following Terms of Service ("Terms"), which govern your use of this Site and the services and content accessed through it. For ease of reference, this Site and our services and content are collectively referred to as the "Service."
By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use our Services.
We may update these Terms from time to time. We will notify you of any updates by posting them on the Site or through other communications. Please be sure to review these Terms whenever we update them or whenever you use the Services. Your continued use of the Services after we post updated Terms constitutes your agreement to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, you may no longer use the Services. Because our Services evolve over time, we may change or discontinue all or part of the Services at any time, at our sole discretion, without notice.
IMPORTANT: By agreeing to these Terms, you agree to resolve any disputes between you and us on an individual basis through final and binding arbitration, unless you opt out of arbitration within 30 days or the dispute is otherwise excluded from arbitration (see the "Dispute Resolution" section below). For more information about arbitration and opting out, see the "Dispute Resolution" section below.
Account and Eligibility
Elajo is an online retailer. You may use the Service to make purchases only if you are 16 years of age or older and can form a binding contract with us. To make purchases, you may create an "Account." You must provide us with accurate, complete, and current account information, and you agree to update such information as needed to keep it accurate, complete, and current. If you fail to do so, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to immediately notify us of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether with or without your knowledge.
Privacy Policy
Please see our Privacy Policy for information about how we collect, use, and disclose user information. You acknowledge and agree that your use of the Service is governed by our Privacy Policy.
Payments
When you make a purchase through our Services, you authorize us or our third-party payment processor to charge your payment method for the fees for any such purchases (as well as any applicable taxes and other fees) that may be incurred or related to your purchase. You are responsible for timely payment of all fees and providing a valid payment method. All prices, fees, and any applicable taxes and other fees are payable in U.S. dollars. When you initiate a purchase through the Services, you will be asked to provide standard billing information, such as your name, billing address, and credit card information. You may also be asked to provide additional information to verify your identity before completing the transaction. If you use a third-party payment processor to complete your purchase, the processor's terms and conditions apply to your payment transaction.
Shipping
We offer global shipping services such as USPS and FedEx. Orders are processed and shipped during business hours Monday through Friday, excluding U.S. holidays.
U.S. Retail Orders:
For domestic retail (non-bulk) orders over $50, we offer free USPS Priority Shipping within the United States.
You will find more options, including expedited shipping, at checkout. We offer expedited shipping via FedEx 2-Day and FedEx Standard Overnight for an additional fee. Expedited orders must be placed before 12:00 PM EST for same-day shipment.
International Retail Orders:
International orders ship via FedEx International Economy and FedEx International Priority. Please see pricing and options at checkout.
US and International Bulk Orders:
For cafe and wholesale orders, we ship via USPS and FedEx. Pricing options for standard and expedited shipping will be displayed at checkout.
Customer Satisfaction
At Elajo, we are committed to providing our customers with high-quality products. Our products are sold online at http://elajo.club and through our authorized retailers, with limited quantities and inventory. We strive to display our merchandise as accurately as possible through our service. However, please note that style, color, size, shape, and appearance may vary. If you are not satisfied with an item purchased through https://elajo.club, please review our return policy below.
If you choose to purchase products or services from a third party other than Elajo, including products manufactured by Elajo or services partially provided by Elajo, please note that your rights to return, refund, exchange, or replace products, or other remedies, are governed by your contract with that third party, not Elajo. You acknowledge that you bear full responsibility for all risks arising from any third-party retailer. To the fullest extent permitted by applicable law, Elajo assumes no liability in connection with your transactions with any third-party retailer.
Return Policy
Items purchased through https://elajo.club may be returned or exchanged within 30 days of the original purchase. You will need your receipt or proof of purchase to complete a return or exchange. If you would like to initiate a return or exchange, please send a request to help@stojo.co and include your original order number in the subject line.
Return Refunds:
To be eligible for a refund, your item must be unused and in the same condition you received it, and must be in its original packaging.
Once we have received and inspected your return, we will send you an email to let you know we have received your return. We have full discretion to approve or deny your refund request. We will notify you of the approval or denial. If your refund request is approved, we will process your refund and automatically credit your credit card or original payment method within 30 days.
If you haven't received your refund within 30 days of returning your product, please first check your bank account again. Then, contact your bank, as it may take some time for your refund to be credited. Refunds typically take some time to be credited. If you have completed all of the above steps and still haven't received your refund, please contact us at help@stojo.co.
Returns and Exchanges:
To be eligible for an exchange, your item must be unused and in the same condition you received it. The item must also be in its original packaging. We have full discretion to approve or deny your exchange request.
Please note that we only exchange defective or damaged items. If you require an exchange for the same item, please email help@stojo.co and ship your item to the return address listed below.
Return and Exchange Shipping:
Stojo only covers the return shipping costs for defective, damaged, or incorrect merchandise and reserves the right to replace defective or damaged merchandise at its sole discretion.
For all other returns or exchanges of unused merchandise, you are responsible for the return shipping costs. Shipping costs are non-refundable. If you receive a refund, we will refund the price of the returned merchandise.
If you are shipping an item valued at over $75, please consider using a tracked shipping service or purchasing shipping insurance. Stojo is not responsible for items lost in transit.
For all returns and exchanges, please contact us at help@stojo.co.
Damaged or Defective Items:
If you would like to exchange a defective or damaged item, please send a photo or short video of the defect or damage to help@stojo.co. Please include your original order number in the subject line of the email.
Late Returns and Exchanges:
If 30 days have passed since your purchase, unfortunately, we cannot offer a refund or exchange.
Final Sale Items:
Only regular-priced items are refundable; sale items are not refundable. Please note that all Stojo accessories are final.
Gifts:
If you are returning an item purchased as a gift and shipped directly to you, we will refund the original card used for the order or issue a credit on a Stojo gift card, which can only be used for purchases made through our website, https://stojo.co.
Resale
Any approved buyer who purchases one or more cases of Stojo products listed in the wholesale collection or section of the Website (“Products”) or on any Stojo-approved wholesale platform (“JOOR”) shall be deemed and agree to be considered a “Buyer.” Without Stojo's prior written permission, Buyer shall not: (i) export the Products or offer the Products for export to any country outside the United States, (ii) advertise, solicit, or attempt to sell the Products for export to any territory outside the United States, (iii) list any Products for sale on any third-party internet marketplace, including Amazon.com, eBay.com, Jet.com, Walmart.com, or (iv) sell the Products to any third party within the United States, if Buyer engages in a transaction involving the Products that would constitute a violation of (i), (ii), or (iii) above.
Due to the nature of the Products, Buyer and Seller agree that Buyer shall maintain facilities suitable for displaying the Products to customers, and that the nature of the Products may make them unsuitable for resale solely through mail order channels or the internet (including Amazon, eBay) without providing customers with an opportunity to personally inspect them in a retail environment. Therefore, Buyer shall not directly or indirectly engage in offering the Products via mail order or the internet without Stojo's prior express written permission, which shall be granted if the criteria described below are met. Buyer agrees and ensures that third parties to whom it resells Products agree not to sell via mail order or the internet (including Amazon and eBay) without Seller's express written permission.
Prior to receiving approval to sell Products on an internet website, the following criteria must be met:
- Buyer must always have a "brick and mortar" retail store where consumers can browse Seller's branded products and receive advice from trained staff;
- Buyer's domain name must be registered with Seller, must reflect Buyer's retail/account name, and the transaction address must be clearly visible on the website;
- All branding must comply with Seller's corporate guidelines. This includes proper use of Seller's logo.
Any use of Seller's brand, logo, or copyrighted materials (including any flat-panel photographic images) requires Seller's prior written approval. No other branding or logos other than those noted above may be affixed or used on Products.
All designs depicted on Products are copyright Seller and may not be reproduced on an internet website without Seller's express written permission.
Distributor's Intellectual Property Ownership. The sale of Products to Buyer does not convey to Buyer any license, express or implied, by estoppel, or otherwise, to any of Seller's patents, copyrights, trademarks, trade secrets, or other intellectual property rights. Seller expressly reserves and retains all intellectual property rights in the Products. Buyer shall not, and shall not permit any third party to, copy, reproduce, manufacture, or commission the manufacture of any Products, in whole or in part.
Content
Our Content. All content displayed on this Website, including all visuals, text, audio, and video clips, is protected by copyright and/or other intellectual property rights or licenses held by Stojo ("Content"). We own all title or license rights in such Content. Subject to your compliance with these Terms, Stojo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely for your personal and non-commercial use of the Services as permitted by you.
User Content. "User Content" means any text, graphics, images, creative works of any type, or other materials that you post, generate, provide, or otherwise make available in connection with the Services, or that you share online through public applications or with other users or recipients. User Content includes, but is not limited to, Feedback (defined below) and Tag Media (defined below).
By providing any User Content through the Service, you hereby grant Stojo a nonexclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Service and Stojo's (and its successors' and affiliates') business, including without limitation, for the promotion, marketing, or advertising of, and redistribution of, part or all of the Service (and derivative works thereof) in any media formats and through any media channels, whether now known or hereafter devised. You understand that Stojo is not obligated to exercise any of the rights granted in these Terms, and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Except where prohibited by law, by submitting or uploading User Content, you waive and agree not to assert any "moral" rights or claims arising from our modifications of the User Content or any photographs, videos, statements, or other works contained in the User Content. You also agree to appoint Stojo as your agent-in-fact with respect to your User Content, and we have the authority to execute and deliver any documents in your name and on your behalf to enable us to use your User Content in any manner we deem appropriate, to protect our rights in any derivative works based on your User Content, and to remove your User Content from any other website or platform.
You are entirely responsible for all of your User Content. You represent and warrant that you own all of your User Content or otherwise have all rights necessary to grant us the license rights to your User Content as provided in these Terms. You further represent and warrant that your User Content, your use and provision of User Content through the Services, and any use of your User Content by Stojo on or through the Services will not infringe, misappropriate, or violate a third party's intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable laws or regulations.
We are not responsible for the removal or deletion (or failure to remove or delete) of any of your User Content.
Tag Media. This website contains content located at httpsThe Elajo page at /elajo.club pulls content from our users and customers who share photos and videos on Instagram, Facebook, Snapchat, Twitter, or other social media ("Social Media") accounts using hashtags, mentions, or other posts about the Services. You acknowledge and agree that the Tagged Media may be used in Elajo's retail stores, showrooms, emails, our websites, or other websites operated or controlled by us, and you hereby grant us permission to use your name or social media handle, and authorize others to use your name or social media handle in connection with the Tagged Media, for identification, publicity related to the Services, and similar promotional purposes, including after termination of your account or use of the Services. You represent and warrant that the publication and use of your Tagged Media (including to the extent your name, likeness, voice, or photograph is included in such Tagged Media) will not infringe, misappropriate, or violate the rights of any third party, including, but not limited to, rights of privacy, publicity, copyright, trademark, or other intellectual property rights.
DMCA/Copyright Policy. Elajo respects copyright law and expects its users to do the same. Elajo's policy is to terminate, in appropriate circumstances, the accounts of account holders who repeatedly infringe or are believed to repeatedly infringe the rights of copyright holders.
Use of the Service
We sincerely want every user to have a positive experience with our Service. Therefore, you agree not to do any of the following, or we may suspend or terminate your account:
Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates or encourages conduct that would violate any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening, or promotes violence or conduct that is threatening to any individual or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror, or frame the Service, or any individual element within the Service, Elajo's name, any Elajo trademark, logo, or other proprietary information (including through the use of meta tags, etc.), or the layout and design of any page or form contained on a page, without our express written consent, except as expressly permitted by the functionality of the Service;
Attempt to access or search the Service or Content, or download Content from the Service, by using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, etc.) other than the software and/or search agents provided by Elajo or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;
Use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to interfere in any way with the Service or Elajo violating the security of our network or network, or attempting to use the Services to gain unauthorized access to any other computer system;
Collecting or storing any personally identifiable information from other users of the Services without their express permission;
Impersonating or misrepresenting your affiliation with any person or entity;
Violating any applicable law or regulation; or
Encouraging or permitting any other third party or individual to do any of the foregoing.
While we have no obligation to monitor access to or use of the Services or Content, or to review or edit any Content, we reserve the right to do so as necessary to operate the Services, ensure compliance with these Terms, and comply with applicable laws or other legal requirements. We reserve the right, but not the obligation, to remove or disable access to any Content at any time, including, without limitation, if we, in our sole discretion, deem any Content objectionable or in violation of these Terms. We reserve the right to investigate violations of these Terms or conduct affecting the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
SMS/MMS Mobile Messaging Marketing Program Terms and Conditions
Elajo ("we") offers a mobile messaging program (the "Program"). You agree to use and participate in the Program in accordance with these Mobile Messaging Terms and Conditions and the Privacy Policy (the "Agreement"). By opting in or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as further described in the "Dispute Resolution" section below. This Agreement is limited to this Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern your relationship with us in other contexts.
User Opt-in: This Program allows users to receive SMS/MMS mobile messages by actively opting in to the Program (e.g., through an online or app-based registration form). Regardless of the opt-in method you use to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number you opted in to, and you understand that your consent is not required to make any purchases from us. While you consent to receive messages sent using an autodialer, the foregoing should not be construed to imply or suggest that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.
User Opt-Out: If you no longer wish to participate in the Program or agree to this Agreement, you agree to reply to a text message with the words "Stop," "End," "Cancel," "Unsubscribe," or "Quit" to opt-out. You may receive another text message confirming your opt-out. You understand and agree that the options listed above are the only reasonable ways to opt-out. You also understand and agree that any other opt-out methods, including but not limited to sending text messages other than those listed above or verbally requesting that our employees remove you from our lists, are not reasonable methods of opting out.
Notice and Indemnification Obligations: If at any time you intend to cease use of the mobile phone number you subscribe to the Program, including by canceling your service plan or selling or transferring your phone number to another person, you agree to complete the user opt-out process described above before ceasing use of your mobile phone number. You understand and agree that your consent to do so is an essential part of these Terms and Conditions. You further agree that if you cease use of your mobile phone number without notifying us of such changes, you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us or any party assisting in the delivery of mobile phone information arising from claims brought by individuals who subsequently obtain access to that mobile phone number. This obligation and agreement will survive even if your participation in any of our Programs is canceled or terminated.
You agree to indemnify, defend, and hold us harmless from any claim or liability arising from your failure to notify us of changes to the information you provided, including any claim or liability arising under the Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.) or similar state and federal laws, and any regulations promulgated thereunder, arising from our attempts to contact you at the mobile phone number you provided.
Program Description: Without limiting the scope of the Program, users who opt in to this Program may receive marketing and sales information about digital and physical products, services, and events.
Fees and Frequency: Text messaging and data rates may apply. This Program includes scheduled text messaging, and additional text messages may be sent periodically based on your interactions with us.
Support Instructions: For support related to this Program, please text "HELP" to the number you received the message from, or email irene@stojo.co. Please note that opting out of this Program using this email address is not acceptable. Opt-out requests must be submitted according to the procedures described above.
MMS Disclosure: If your mobile device does not support MMS messaging, the Program will send SMS TM (termination messages).
Our Disclaimer: This Program is provided on an "as is" basis, may not be available in all areas at all times, and may not continue to work if your wireless carrier makes product, software, coverage, or other changes. We are not responsible for any delays or failures in the receipt of mobile messages related to the Program. Delivery of mobile messages is dependent on the availability of transmissions from your wireless service provider/network operator and is beyond our control. T-Mobile is not responsible for delayed or non-delivered mobile messages.
Participant Requirements: You must own a wireless device that supports two-way communication, use a participating wireless carrier, and be a wireless subscriber with text messaging service. Not all mobile carriers offer the service required to participate. Please check your phone's capabilities for specific text messaging instructions.
Age Limit: If you are under thirteen (13) years of age, you may not use or participate in this Platform. If you use or participate in this Platform and are between the ages of thirteen (13) and eighteen (18), you must have the permission of a parent or legal guardian. By using or participating in the Platform, you acknowledge and agree that you are thirteen (13) years of age or older, or between the ages of thirteen (13) and eighteen (18), and have obtained parental or legal guardian permission to use or participate in the Platform, or have reached the age of majority in your jurisdiction. By using or participating in the Platform, you also acknowledge and agree that you are permitted by applicable law in your jurisdiction to use and/or participate in the Platform.
Prohibited Content: You acknowledge and agree not to send any Prohibited Content through the Platform. Prohibited content includes:
Any fraudulent, defamatory, libellous, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hateful content, and discrimination based on race, sex, religion, national origin, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is illegal at the time of receipt;
Any content that refers to and/or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC”); and
Any other content prohibited by applicable law in the jurisdiction from which the message is sent. Dispute Resolution: If a dispute, claim, or controversy arises between you and us, or between you and Stodge, LLC d/b/a Postscript, or any other third-party service provider that transmits mobile information on our behalf under the Program, arising out of or concerning a federal or state statutory claim, a common law claim, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, then such dispute, claim, or controversy will, to the maximum extent permitted by law, be settled by arbitration in Brooklyn, New York, conducted by a single arbitrator.
The parties agree to submit disputes to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Unless otherwise provided in this Agreement, the arbitrator shall apply the substantive laws of the federal judicial circuit in which Stodge’s principal place of business is located, without regard to its conflict of law rules. Within ten (10) calendar days of service of a demand for arbitration on a party, the parties must jointly select an arbitrator who has at least five years of experience in that capacity and who is knowledgeable and experienced in the subject matter of the dispute. If the parties fail to agree on an arbitrator within ten (10) calendar days, a party may request that the AAA appoint an arbitrator who must meet the same experience requirements. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules regarding emergency measures of protection shall apply in lieu of seeking emergency injunctive relief in court. The arbitrator’s decision shall be final and binding, and neither party shall have any right of appeal except under Section 10 of the FAA. Each party shall bear its share of the arbitrator’s fees and administrative expenses of the arbitration; however, the arbitrator shall have the authority to order a party to pay all or part of such fees upon a reasonable award. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by law or the contract. The arbitrator shall not have the authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved through arbitration. The parties agree to arbitrate only on an individual basis. This agreement does not permit class arbitration or the bringing of any claim as a plaintiff or class member in any class or representative arbitration proceeding. Except as otherwise required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except to protect or pursue a legal claim. If any term or provision of this section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, both parties hereby waive any right to a jury trial. This arbitration provision will survive even if your agreement to participate in any of our Programs is canceled or terminated.
Other: You warrant and represent to us that you have all necessary right, power, and authority to agree to these Terms and to perform your obligations hereunder, and that nothing in this Agreement or the performance of such obligations will constitute a breach of any other contract or obligation by you. The failure of either party to exercise any right under this Agreement will not be deemed a waiver of any other rights under this Agreement. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement remains in full force and effect. Unless expressly provided otherwise in writing, any new features, changes, updates, or improvements to the Program shall be subject to this Agreement. We reserve the right to change this Agreement at any time. You will be notified of any updates to this Agreement. You acknowledge that it is your responsibility to review this Agreement from time to time and be aware of any such changes. Your continued participation in the Program after any such changes constitutes your acceptance of this Agreement as modified.
Feedback
We welcome your feedback, comments, reviews, and suggestions for improvements to the Services regarding products purchased through us ("Feedback"). You can submit Feedback by emailing help@stojo.co or by reviewing a specific product. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, sublicensable, and non-renewable license to use our Services.