Terms of service

Last Updated: August 22, 2026

These Terms of Service (“Terms”) govern your access to and use of Ella + Aspen’s website, store, products, subscriptions, and related services (collectively, the “Services”). “Ella + Aspen,” “we,” “us,” and “our” refer to Ella + Aspen.

By accessing or using the Services, or placing an order, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility and Accounts

You must be legally able to enter into a binding agreement to place an order. The Services are not directed to children under 13.

You may browse and check out as a guest. If account functionality is made available through Shopify, Shop, or another provider, you are responsible for keeping your account information accurate and your login credentials secure. You are responsible for activity under your account and may not sell, transfer, or assign it.

2. Products and Product Information

We aim to present products accurately. Colors, dimensions, materials, finishes, packaging, and other details may vary reasonably because of screen settings, manufacturing processes, product updates, and made-to-order production.

Product descriptions, availability, and pricing may change without notice. Product-page information controls if it conflicts with general marketing material.

We may limit products, quantities, purchases, shipping destinations, payment methods, or transactions where permitted by law, including due to availability, legal requirements, sanctions, carrier restrictions, suspected fraud, abuse, or business needs.

3. Orders, Acceptance, and Cancellation

Submitting an order is an offer to purchase. An order is accepted only when we confirm acceptance and process payment. We may refuse, limit, modify, or cancel an order where permitted by law, including for pricing or listing errors, suspected fraud, unauthorized resale, promotional abuse, inventory issues, or order-limit violations. If we cancel an order after payment, we will issue the appropriate refund.

Please review your order before submitting it. Many products are made to order and may enter production soon after an order is accepted.

To request a cancellation, contact Client Care as soon as possible. We will cancel an order if we can. Once an order has entered production or the shipping process, cancellation may no longer be possible.

4. Prices, Taxes, and Payment

Prices shown at checkout are the prices that apply to your order, subject to correction of clear errors. Unless expressly stated otherwise, prices may exclude shipping, handling, taxes, customs duties, import charges, and similar amounts.

You agree to provide accurate, current, and complete billing, payment, and shipping information and confirm that you are authorized to use the selected payment method. You are responsible for applicable taxes, duties, and charges unless we state otherwise.

Promotions may have separate terms. If promotional terms conflict with these Terms, the promotional terms control for that promotion. We may correct, modify, suspend, or cancel a promotion where permitted by law because of an obvious error, technical issue, fraud, abuse, or other legitimate reason.

5. Shipping and Delivery

We may use third-party manufacturers, suppliers, fulfillment providers, carriers, payment processors, and other service providers to operate the Services and produce, process, fulfill, and deliver orders.

Delivery dates and transit times are estimates, not guarantees. Delays may result from carriers, customs, weather, government action, supply interruptions, or events outside our reasonable control. Responsibility for loss or damage during shipment is determined under applicable law.

International orders may be subject to customs duties, taxes, import restrictions, and local requirements. You are responsible for those amounts and requirements unless applicable law requires otherwise.

6. Returns, Refunds, and Incorrect or Defective Items

Returns, refunds, exchanges, and related remedies are governed by our Refund Policy, which is incorporated into these Terms.

If an item arrives damaged, defective, or incorrect, please contact Client Care within seven days of delivery and include your order information and supporting details. This reporting period helps us investigate and resolve the issue promptly, but does not limit rights that cannot legally be waived. Where appropriate, we may offer a replacement, full refund, partial refund, or another remedy required by law.

7. Payment Disputes and Chargebacks

Before initiating a payment dispute or chargeback, you agree to contact Client Care⁠ and provide Ella + Aspen a reasonable opportunity to review and resolve the matter. This requirement does not apply where prohibited by applicable law.

A change of mind, dissatisfaction with fit, an incorrect size selection, or an item’s ineligibility for return under the Refund Policy does not constitute a failure by Ella + Aspen to perform its obligations where the item delivered materially conforms to the applicable product description and order details. Likewise, an item is not “not as described” where it materially conforms to the applicable product page, including its stated design, color, measurements, sizing information, and product details.

Ella + Aspen may contest any payment dispute or chargeback that is inconsistent with these Terms, the Refund Policy, the order record, delivery confirmation, product information, or other available evidence.

If a payment dispute or chargeback results in a reversal of payment to you in connection with a claim that is not a valid basis for a refund under these Terms or the Refund Policy, you remain liable to Ella + Aspen for the amount reversed. To the fullest extent permitted by applicable law, Ella + Aspen will pursue lawful recovery of that amount.

Ella + Aspen will take reasonable measures to prevent future transactions by customers who initiate fraudulent, abusive, or bad-faith payment disputes. Subject to applicable law and based on records reasonably indicating an association, those measures may include refusing or canceling future orders and restricting accounts or associated accounts.

Nothing in this section limits rights or remedies that cannot legally be excluded.

8. Subscriptions

We may offer subscriptions or recurring services. Subscription-specific terms, billing, renewal, cancellation, and other details are governed by our Subscription Policy, which is incorporated into these Terms.

If the Subscription Policy conflicts with these Terms on a subscription-specific issue, the Subscription Policy controls to that extent.

9. Gift Cards and Promotional Codes

Purchased Ella + Aspen gift cards are transferable and do not expire. They are not redeemable for cash and are not refundable except where required by law.

Complimentary or promotional gift cards may have additional terms and may expire where permitted by law. Gift cards and promotional codes may not be used to purchase gift cards.

We may refuse, suspend, or cancel gift-card or promotional-code use where we reasonably believe there is fraud, misuse, unauthorized resale, or a violation of these Terms or applicable promotional terms.

10. Personal Use and Resale

Unless we expressly authorize it in writing, Ella + Aspen products are for personal or household use and may not be purchased for unauthorized resale, export, or commercial distribution.

Purchasing a product does not make you an Ella + Aspen reseller, distributor, retailer, agent, representative, partner, or franchisee. We may impose purchase or quantity limits.

Authorized purchases through Powered by Ella + Aspen or Merchandise for Brands are addressed in Section 10.

11. Powered by Ella + Aspen / Merchandise for Brands

Products and services offered through Powered by Ella + Aspen or Merchandise for Brands are governed by these Terms, the applicable product page, the Refund Policy, and any separate written agreement we enter into with the relevant customer or brand.

If you provide names, logos, trademarks, artwork, designs, text, photographs, or other materials (“Brand Materials”), you represent and warrant that you own or have all rights, permissions, and authority necessary to provide and authorize our use of them.

You grant Ella + Aspen and our service providers a non-exclusive, worldwide, royalty-free license to reproduce, modify as technically necessary, display, manufacture, package, market, fulfill, and otherwise use Brand Materials solely to provide, promote, and support the requested merchandise or services.

You are responsible for Brand Materials and agree not to submit materials that infringe, misappropriate, or violate another person’s rights or applicable law.

12. Intellectual Property

The Services and their content, including our names, logos, designs, text, graphics, photography, product designs, and other materials, are owned by or licensed to Ella + Aspen and protected by applicable intellectual-property laws.

Subject to these Terms, we grant you a limited, personal, non-transferable, revocable right to access and use the Services for their intended purpose. You may not copy, reproduce, distribute, modify, publicly display, create derivative works from, or otherwise exploit any part of the Services without our prior written permission.

13. Customer Content

If you submit or make available reviews, photos, videos, social posts, testimonials, or other content to us or for our use (“Customer Content”), you grant Ella + Aspen a worldwide, perpetual, royalty-free, transferable, sublicensable license to use, reproduce, adapt, publish, display, distribute, and create derivative works from that Customer Content in any media for operating, promoting, and improving our business and Services.

You will not receive compensation or credit for this use unless we separately agree in writing. You represent that you have the rights needed to grant this license and that your Customer Content does not violate another person’s rights or applicable law.

14. Ideas and Unsolicited Submissions

If you send us ideas, suggestions, concepts, proposals, or other unsolicited submissions, we may use them without restriction or compensation to you. We are not required to keep them confidential, review them, use them, or respond to them.

16. Third-Party Services and Links

The Services may include third-party tools, links, or functionality. We do not control and are not responsible for third-party content, services, policies, or transactions. Your use of third-party services is subject to their terms and policies.

16. Shopify

Our store is powered by Shopify. Purchases made through our store are made directly with Ella + Aspen, not Shopify. Shopify may provide account, checkout, payment, hosting, and related functionality, and may process information as described in the applicable privacy policies.

17. Privacy

Our collection and use of personal information are described in our Privacy Policy. By using the Services, you acknowledge that information may be processed by Shopify and other service providers as needed to operate the Services and fulfill orders.

18. Acceptable Use

You may not use the Services to violate law, infringe rights, interfere with the Services, introduce malicious code, attempt unauthorized access, scrape or collect information without authorization, impersonate another person, submit fraudulent orders, or otherwise misuse the Services.

19. Disclaimers

To the fullest extent permitted by law, the Services and products are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in these Terms excludes or limits any warranty, statutory guarantee, consumer right, or liability that cannot legally be excluded or limited.

20. Limitation of Liability

To the fullest extent permitted by law, Ella + Aspen and its owners, affiliates, licensors, suppliers, service providers, and fulfillment partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity, arising from or related to the Services, products, or these Terms.

To the fullest extent permitted by law, our total aggregate liability arising from or related to any claim will not exceed the lesser of:

  1. the amount you paid for the product or service giving rise to the claim; or

  2. the amount you paid to Ella + Aspen during the 12 months before the event giving rise to the claim.

These limitations do not apply where prohibited by law, including to liabilities that cannot legally be excluded or limited.

21. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Ella + Aspen and its owners, affiliates, service providers, and personnel from claims, damages, losses, liabilities, and expenses arising from your misuse of the Services, violation of these Terms, violation of law, or infringement or misappropriation of another person’s rights, including through Brand Materials or Customer Content you provide.

22. Informal Dispute Resolution

Before bringing a formal claim, you and Ella + Aspen agree to try in good faith to resolve the dispute informally for at least 30 days.

To begin this process, contact Client Care with a description of the issue, relevant order information, and the resolution you seek. We will try to resolve the matter promptly.

Nothing in this section prevents either party from seeking emergency equitable relief where necessary or from pursuing a claim that cannot legally be subject to this informal-resolution process.

23. Arbitration, Court, and Class-Action Waiver

After the 30-day informal-resolution period, either party may pursue a claim in arbitration or in court, as permitted by applicable law. Arbitration is not mandatory under these Terms.

To the fullest extent permitted by law, disputes must be brought only on an individual basis and not as part of a class, collective, consolidated, private-attorney-general, or representative action. No court or arbitrator may combine claims or preside over any form of representative proceeding unless applicable law requires otherwise.

Nothing in these Terms prevents either party from bringing an eligible individual claim in small-claims court or from pursuing a claim that cannot legally be waived or arbitrated.

24. Governing Law and Venue

These Terms and any dispute arising from them are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless applicable law requires otherwise, court proceedings must be brought in the state or federal courts located in California, and you and Ella + Aspen consent to that venue and jurisdiction.

If mandatory law in your place of residence gives you protections, rights, or a venue that cannot legally be waived, those protections, rights, and venue rules remain in effect.

25. International and Statutory Consumer Rights

We sell internationally, subject to applicable laws, sanctions, carrier and fulfillment restrictions, product availability, and our ability to serve a destination.

Nothing in these Terms limits statutory consumer rights that cannot be waived. This includes applicable rights relating to non-conforming goods, cancellation, refunds, warranties, or remedies.

For consumers in the European Union and other jurisdictions with mandatory consumer protections, legally required guarantees and remedies apply. Ella + Aspen does not provide an additional commercial warranty unless expressly stated.

26. Changes to the Services or Terms

We may update the Services and these Terms from time to time. Updated Terms will be posted on this page with a revised “Last Updated” date. Changes apply when posted unless otherwise stated. Your continued use of the Services after changes become effective means you accept the updated Terms.

27. Termination

We may suspend or terminate access to the Services, cancel orders, or take other appropriate action where we reasonably believe you have violated these Terms, engaged in fraud or abuse, or created risk for Ella + Aspen, our customers, or service providers.

28. Electronic Communications

By using the Services or providing contact information, you agree that we may send you notices and communications electronically, including by email, through the Services, or by posting them on the website, where permitted by law.

29. General Terms

If any part of these Terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law. Our failure to enforce a provision is not a waiver of it.

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or operation of the Services.

These Terms, together with the policies incorporated by reference, are the entire agreement between you and Ella + Aspen concerning the Services, except for any separate written agreement between you and Ella + Aspen.

30. Contact and Legal Notices

For order questions, cancellations, returns, and informal dispute resolution, contact Client Care.

Formal legal notices to Ella + Aspen must be sent to:

Ella + Aspen
legal@ella-aspen.com
1820 Avenue M #975
Brooklyn, NY 11230