Terms of Service
Terms of Service
Effective date: 11 August 2026 Last updated: 11 August 2026
These terms govern your use of elaineclaire-boutique.com and any purchase you make from us. Please read them before ordering. By placing an order you accept these terms.
Nothing in these terms limits or excludes any rights you have under applicable federal or state consumer protection law.
1. Who you are contracting with
Store name: Elaine Claire Boutique
Company name: Despecom Limited
Registered address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
Company registration number: 16697484
Warehouse & returns address: 400 Cuyamaca Ave, San Diego, CA 92113, USA Phone: +44 7882753947
Email: info@elaineclaire-boutique.com
Customer service: Monday–Friday 9:00 AM – 5:00 PM, Weekends 11:00 AM – 4:00 PM (UTC-4)
In these terms, "we", "us" and "our" mean Despecom Limited trading as Elaine Claire Boutique. "You" means the person placing the order.
2. Who can order
You must be at least 18 years old and able to enter into a binding contract. By ordering you confirm this is the case. We currently sell to consumers with a delivery address in the United States.
3. Products and descriptions
We describe our products as accurately as we can and photograph them faithfully. Please note:
- Colors can appear differently on different screens. Slight variation between the photo and the item is normal and is not a fault.
- Measurements are approximate and may vary by up to an inch between individual garments.
- Size guides are provided as guidance. If you are between sizes, email us and we will help.
We do not make any health, medical, therapeutic or orthopedic claims about our products.
4. Prices and sales tax
All prices are shown in US dollars (USD). Delivery is free. Any applicable state or local sales tax is calculated and displayed at checkout, so the total shown before you confirm is the total amount payable.
We may change prices at any time, but a change never affects an order you have already placed. If an item is listed at an obviously incorrect price, section 6 of our Payment Policy applies.
5. How a contract is formed
- You add items to your cart and complete checkout.
- You receive an order confirmation email. This acknowledges your order; it is not yet acceptance.
- A binding contract comes into being when we send you a dispatch confirmation email.
We may decline an order before dispatch — for example if stock is unavailable, if there is a pricing error, if we cannot deliver to your address, or if we suspect fraud. If we decline after you have paid, you receive a full refund promptly.
6. Availability
Stock levels can change while you are shopping. If an item you ordered turns out to be unavailable, we will contact you and offer an alternative, a partial shipment, or a full refund for that item.
7. Delivery and shipping timeframes
Delivery terms, times, carriers and costs are set out in our Shipping Policy, which forms part of these terms. Risk in the goods passes to you when you or someone you nominate takes physical possession of them.
In line with the FTC's Mail, Internet, or Telephone Order Merchandise Rule, we ship within the time stated in our Shipping Policy. If we cannot ship within that time, we will notify you, give you a revised shipping date and offer you the option to cancel for a full refund.
8. Returns and refunds
We offer a 30-day return window on eligible items. This is our own policy rather than a right required by federal law — online purchases are not covered by the FTC's cooling-off rule, which applies to certain in-person sales.
Full details, conditions, exclusions and the return address are in our Return & Refund Policy, which forms part of these terms.
9. Faulty, damaged or incorrect goods
Goods we supply must be as described. Where implied warranties apply under the Uniform Commercial Code as adopted in your state, including the implied warranty of merchantability, those warranties are not excluded by these terms.
- If an item arrives faulty, damaged or is not the item you ordered, contact us within 30 days of delivery and we will send a replacement or refund you in full.
- We cover return shipping for faulty, damaged or incorrectly supplied goods.
- We do not offer a separate manufacturer's written warranty on our products.
Some states do not allow the exclusion or limitation of implied warranties, so parts of this section may not apply to you.
10. Using our website
You may browse, shop and use our content for your own personal, non-commercial purposes. You may not:
- copy, scrape, republish or resell our content, product photography or descriptions;
- use the site for anything unlawful, fraudulent or harmful;
- attempt to gain unauthorized access to the site, its servers or any connected system;
- introduce viruses or other malicious material;
- use automated systems to place orders or harvest data.
We may suspend or withdraw access to the site if you breach these terms.
11. Intellectual property
All content on elaineclaire-boutique.com — including the brand name, logo, text, photographs, layout and design — is owned by or licensed to Despecom Limited and is protected by copyright and trademark law. Nothing in these terms transfers any of those rights to you.
If you send us a review, photograph or other content, you grant us a non-exclusive, royalty-free license to use it in connection with the Elaine Claire Boutique brand. You can ask us to stop using it at any time.
We do not condition any refund, discount or other benefit on you writing a positive review, and we do not suppress honest negative reviews.
12. Accounts
If you create an account, keep your login details confidential and tell us immediately if you think someone else has access. You are responsible for activity carried out through your account.
13. Our liability
We are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care and skill.
To the fullest extent permitted by law, we are not liable for:
- loss that was not foreseeable at the time the contract was made;
- losses arising from your own failure to give correct delivery information;
- indirect, incidental, special or consequential damages;
- business losses — these terms are for consumers only.
Where liability cannot lawfully be excluded, our total liability in connection with any order is limited to the amount you paid for that order.
We do not exclude or limit our liability in any way where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
14. Events outside our control
We are not liable for failure or delay in performing our obligations where that is caused by an event outside our reasonable control, including extreme weather, strikes, carrier failure, epidemics, or interruption of telecommunications or transport networks. If such an event occurs we will contact you as soon as possible, and you may cancel and receive a full refund for goods not yet delivered.
15. Complaints and dispute resolution
If you have a complaint, email info@elaineclaire-boutique.com with "Complaint" in the subject line. We acknowledge complaints within 2 business days and aim to resolve them within 14 days.
If we cannot resolve the matter between us, you may contact:
- The Federal Trade Commission — reportfraud.ftc.gov
- The consumer protection division of your state attorney general's office
- The Better Business Bureau — bbb.org
Nothing here prevents you from bringing a claim in small claims court.
16. Governing law and jurisdiction
These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute may be brought in the state or federal courts located in San Diego County, California.
If you are a consumer resident in another US state, you keep the benefit of any mandatory consumer protection rules of the state in which you reside, and you may bring a claim in the courts of your own state where the law allows.
17. General
- If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions continue in force.
- If we do not insist that you perform an obligation, or delay in enforcing our rights, that does not mean we have waived them.
- We may transfer our rights and obligations under these terms to another organization. We will tell you in writing if that happens, and it will not affect your rights.
- These terms, together with our Return & Refund Policy, Shipping Policy, Payment Policy and Privacy Policy, form the entire agreement between us.
18. Changes to these terms
We may amend these terms from time to time. The version published on this page when you place your order is the version that applies to that order.