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e.l.f. Cosmetics Terms and Conditions
THESE TERMS SET OUT THE BASIS ON WHICH WE MAY SELL PRODUCTS TO YOU. PLEASE READ THESE TERMS CAREFULLY.
WE DRAW YOUR ATTENTION TO YOUR CANCELLATION RIGHTS IN CLAUSE 8AND THE LIMITS OF OUR LIABILITY IN CLAUSE 10.
1 Words used in these Terms
1.1 In these Terms, when we say:
1.1.1 you or your, we mean you, the customer ordering and purchasing Products;
1.1.2 we, us or our, we mean J.A. Cosmetics US, Inc. and our registered office is at 10 W 33RD St. Room 802, New York, NY, 10001, United States of America;
1.1.3 Shipping Terms, we mean the terms that apply to our Product delivery services, full details of which can be found on our Website;
1.1.4 order, we mean an order placed by you for Product(s) through our Website;
1.1.5 our agreement, we mean our agreement as defined in clause 2.1;
1.1.7 Product orProducts, we mean the goods and products that we sell;
1.1.8 Terms, we mean these terms and conditions of sale; and
1.1.9 Website, we mean the website (eyeslipsface.co.uk (or such other URL as we may specify from time to time)) that is operated by us or on our behalf.
1.2 You may not purchase Product(s) on behalf of a company, organisation or other entity. You may only purchase Products in your capacity as a consumer.
1.3 These Terms set out the basis on which we may sell Products to you. Please read these Terms carefully. Subject to clause 3.5, by submitting an order for and/or purchasing any Product, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Products from us.
1.4 These Terms are only in the English language. Our agreement will not be filed by us.
1.5 If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.
2 Our agreement
2.1 Each order you place and purchase of Product(s) you make is subject to these Terms and our Shipping Terms (together our agreement).
3 The order process and formation of the contract between us
3.1 You will have an opportunity to check and correct any input errors in your orders via the Website up until the point at which you submit your order by clicking the confirm order with an obligation to pay (or similar) button on the check-out page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the confirm order with an obligation to pay (or similar) button, you will need to pay for the Products you have ordered via the Website.
3.2 Your order is an offer to purchase from us. When you place an order with us (or otherwise offer to make a purchase from us), you do so in accordance with the terms of our agreement, subject to our acceptance of your order (or offer to make a purchase). If you place an order via our Website (or where we have otherwise stated that we will), we will send you an email acknowledging receipt of your order, together with your order number and details of the Product(s) you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
3.3 Unless we have notified you that we do not accept your order (or offer to make a purchase) or you have cancelled it in accordance with our returns policy, we accept your order (or offer to make a purchase) by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.4 We may choose not to accept your order (or offer to make a purchase) for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).
3.5 Our agreement is formed when we accept your order (or offer to make a purchase). The processing of your payment and acknowledgment of receipt of your order (by email) does not constitute legal acceptance of your order.
3.6 If we accept your order, we have a legal duty to supply our Products in conformity with our agreement.
4 Buying from us
4.1 You must be 18 or over to purchase Products from us via our Website.
4.2 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Products may show some colour variation. To the extent permitted by law, we accept no liability associated with such variations.
4.3 The packaging of the Products may vary from that shown on images on our site.
5 VAT, customs duties and taxes, price, delivery charges and availability
5.1 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
5.2 Products that you order from us will be shipped from the United States to the United Kingdom. We will be responsible for the payment of import taxes (including VAT and customs duties) and handling and other charges (Import Charges) which are imposed on your order/Products. Additional charges for customs clearance, if any, will also be paid by us.
5.3 In the unlikely event that you receive a request for payment of Import Charges and/or additional charges for customs clearance imposed upon your order/Products please e-mail elfemsUK@elfcosmetics.comimmediately. We may require you to confirm and provide details of the Import Charges and/or charges for customs clearance to be paid in relation to your products/Order (for example, letters and/or documentation received from the UK tax authorities).
5.4 Please note that when customs clearance procedures are required, it can cause delays beyond our original delivery estimate.
5.5 Prices for Products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Product(s) you order, the delivery address and the delivery method you select; please see our Shipping Terms for further details. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket depending on your choices and added to your order.
5.6 We may update prices at any time. Despite our best efforts, a small number of the thousands of products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
5.7 From time to time we may apply promotional prices to Products on this Website. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.
5.8 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in clause 5.6, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.1 The total cost of your order and/or purchases is the price of the Products and applicable delivery charges.
6.2 We must receive payment in advance before your order and/or purchase can be processed, unless we have agreed otherwise in advance in writing.
6.3 Payment can be made by:
6.3.1 Credit Card – we currently accept all Visa, MasterCard, American Express, and Discover credit cards from the UK. Unfortunately, we are unable to accept pre-paid credit cards;
6.3.2 All debit cards with a Visa or MasterCard logo may be used; and
6.4 If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
6.5 We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.
7 Getting your Products
7.1 If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Unless we specifically agree otherwise, we only deliver to the areas indicated in our Shipping Terms. Further detail regarding the shipping methods that we use can be found in the Shipping Terms section of this Website.
7.2 Subject to availability and our Shipping Terms, where we have agreed to deliver the Products, we will use reasonable endeavours to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your order. In the case of circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by customs clearance procedures, traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the Products within these timescales and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
7.3 You own the Products once we have received payment in full, including all applicable delivery charges.
8 Cancellation and returns
8.1 You may cancel your order (or any part of it) and return your Products for any reason before dispatch (where applicable) or within 14 days after the date of delivery (as the case may be) bye-mailing us at elfemsUK@elfcosmetics.com to cancel the order (or part of it) and arrange return (if we request that you do so).
8.2 Where your order comprises multiple delivery shipments, the 14 day cancellation period for the Products in your order runs from the date of the delivery of the last shipment to you.
8.3 You will lose your right to cancel after the expiry of the 14 day period referred to in clause 8.1(this does not affect your rights if there is any problem with the Products).
8.4 You may use the cancellation form at the end of these Terms, but you do not have to.
8.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.6 The right to cancel your order set out above is subject to the following exclusion. Your right of cancellation will not apply to Products which are sealed and which will not be suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
8.7 In relation to Products delivered to you, you may need to take delivery of the Products before you can cancel your order if the Products are placed into our delivery process before we receive your notice of cancellation. This does not affect your rights under this clause and clause 9.
8.8 If a Product has been delivered to you before you decide to cancel your Contract:
8.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract; and
8.8.2 You will be responsible for the cost of returning the Product to us unless the Product is not as described, fit for purpose or not of satisfactory quality as required by consumer legislation (in this case, see clause 8.10).
8.9 If you cancel our agreement:
8.9.1 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. We will refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. Where you cancel part of an order, we may recalculate any applicable delivery charge and deduct this from the refund.
8.9.2 we will make any refunds due to you as soon as possible and in any event within the deadlines indicated below on the credit card or debit card used by you to pay:
(i) if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
(ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
8.10 For the avoidance of doubt if you return the Products to us under this clause 8 because they are not as described, not fit for purpose or not of satisfactory quality (as required by consumer legislation), we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us (if we request that you do so).
9 If there is a problem with the product
9.1 If you have any questions or complaints about the product, please contact us. You can e-mail us at elfemsUK@elfcosmetics.com.
9.2 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
9.3 If you wish to exercise your legal rights to reject products you must post them back to us (if we request that you do so). In such cases, we will pay the reasonable costs of postage or collection. Please email us at elfemsUK@elfcosmetics.comto arrange a return.
10.1 In your ordering and/or purchasing of Products, to the extent not prohibited by law, we accept no liability for any:
10.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);
10.1.2 loss which arises when we are not at fault or in breach of our agreement; and
10.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
10.2 You may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
10.3 Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
10.4 Our Website may contain information and materials created and submitted by third parties, and, subject to clauses 10.2 and 10.3, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
11 Our rights to cancel
11.1 We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Products to you, provided that where you have paid for Products in advance of our cancellation of our agreement, we shall, at our discretion, supply those Products to you or cancel the supply of those Products and refund you the price paid for those Products.
12 Events beyond our control
12.1 We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, customs clearance procedures, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
13 Your information
14.1 If you make a complaint, we will endeavour to keep you reasonably informed either by telephone or email and will endeavour to fully resolve your complaint.
15 Contacting us and you
15.1 If you have any questions, complaints or concerns with respect to your order or these Terms, please contact us by email at elfemsUK@elfcosmetics.com.
15.2 Any formal legal notices should be sent to J.A. Cosmetics US, Inc. and our registered office is at 10 W 33RD St. Room 802, New York, NY, 10001, United States of America.
15.3 If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your order or we otherwise hold for you.
16 Governing law and venue for disputes
16.1 Subject to clause 16.2, you and we agree that our agreement is governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.
16.2 Regardless of clause 16.1, you and we agree that if you are a resident in a part of the United Kingdom other than England and Wales, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there.
17 Other important terms
17.1 If any provision of our agreement (including any provision in which we exclude or limit our liability to you) is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.
17.2 No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.3 If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.4 You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
17.5 We may update, vary and amend these Terms from time to time without prior notice. Each time you order or otherwise purchase a Product from us, the Terms in force at that time will apply (as set out on our Website). Please check on our Website to ensure that you understand which Terms apply.
These Terms were last updated on 9 October 2015.
To: J.A. Cosmetics US, Inc.
Address: 10 W 33RD St. Room 802, New York, NY, 10001, United States of America
Email address: elfemsUK@elfcosmetics.com
I/we hereby give notice that I/we cancel my/our contract of sale of the following goods/for the supply of the following service:
Ordered on/received on:...............................................................................................
Name of consumer(s):..................................................................................................
Address of consumer(s):..............................................................................................
Signature of consumer(s) (only if this form is notified on paper):