PRIVACY POLICY
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e.l.f. Cosmetics Privacy Policy

This Privacy Policy was last updated on: 17 May 2016

www.eyeslipsface.co.uk (the Website) is brought to you by e.l.f. Cosmetics, Inc. ("we"). This Privacy Policy describes the types of personal and other information we collect on the Website, how we use such information and to whom and under what circumstances we may disclose it. By accessing the Website on any computer, mobile phone, tablet, or other device (collectively, “Device”), you agree to the terms of this Privacy Policy and acknowledge that your information will be collected by e.l.f. Cosmetics, Inc.. a company established in the United States. If you do not agree to the policy, please do not use the Website.

We may modify this Privacy Policy at any time. If we decide to change this Privacy Policy, we will post those changes on our Website. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the information we collect.

COLLECTION OF INFORMATION

Personal Information

We collect personal information from you when you submit it to us, including by: (1) registering on the Website; (2) placing an order; (3) signing up for our newsletter; (4) contacting us; or (5) participating in a Website promotion or survey. This information may include, for example, your name, email address, mailing address, billing address, telephone number, date of birth, and credit or debit card information. We may combine the information we collect from you with information we receive about you from other sources, such as address update services.

We also allow users to provide us with their friend’s email addresses through the Website's refer-a-friend mechanism, so that we can send them information about our products and promotions.  You must ensure that before you provide us with personal information about another person (including e-mail addresses), you have their agreement to do so and that they are aware of the ways in which we use personal information as set out in this Privacy Policy.

We may collect personal information from you when you write a review on our site. However, we do not ask, and you should not enter, your full name anywhere in your review.

Other Information

When you visit the Website, we may collect certain other information from you, including your Internet Protocol (IP) address, browser type, operating system, the specific web pages visited during your connection, and the domain name from which you accessed the Website. In addition, we may collect information about your browsing behaviour, such as the date and time you visit the Website, the areas or pages of the Website that you visit, the amount of time you spend viewing the Website, the number of times you return to the Website and other clickstream data. We may also use non-personal information for statistical analysis, research, and other purposes.

Cookies and Web beacons

By using this Website you agree to our use of cookies. Like many commercial websites, we analyse how visitors use our Website through what is known as "cookie" technology. A cookie is a small text file that is placed on your computer when you access the Website and allows us to recognize you each time you visit the Website. We may use cookies to: (1) allow you to use the Website without having to re-enter your user name and password; (2) enhance or personalize your Website usage and shopping experience; (3) monitor Website usage; (4) manage the Website; (5) improve the Website and our products and services; and (6) deliver adverts more relevant to you and your interests . If you choose, you can set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. For more information about how to do this, and about cookies in general, you can visit: www.allaboutcookies.org. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Website, or that we may put on our Website in the future.

We may also use web beacons on the Website, in our emails and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about your Website visit, such as the pages you view and the features you use, as well as information about whether you open and/or act upon one of our emails or advertisements. We may also collect the URL of the website you visited immediately before coming to the Website. Web beacons help us analyse our Website visitors' behaviour and measure the effectiveness of the Website and our advertising. We may work with service providers that help us track, collect and analyse this information.

We may combine the non-personal information we collect through cookies and web beacons with other information we have collected from you.

Use of Information

We may use the information we collect from and about you for any of the following purposes: (1) to fulfil your requests for products; (2) to respond to your inquiries; (3) to review Website usage and operations; (4) to address problems with the Website, our business or our services; (5) to protect the security or integrity of the Website and our business; (6) to monitor the Website for compliance with our Terms of Use and the law; and (7) to contact you with Website updates, newsletters and other informational and promotional materials from us and third party marketing offers from our trusted partners, as well as from other companies.

If you do not wish to receive communications from us about special offers and promotions, you can opt-out of receiving these communications by following the instructions contained in the messages you receive. Even if you opt-out of receiving these messages, we reserve the right to send you certain communications relating to the services we provide, and we may send you service announcements and administrative messages. We do not offer you the opportunity to opt-out of receiving those communications.

Disclosure of Information

We may disclose information collected from and about you as follows: (1) to our related companies and service providers, to perform a business, professional or technical support function for us; (2) to our marketing partners, advertisers or other third parties in an aggregated and anonymised form; (3) as necessary if we believe that there has been a violation of the Website Terms of Use or of our rights or the rights of any third party; (4) to respond to legal process (such as a search warrant, subpoena or court order) and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (5) in the event that our company or substantially all of its assets are acquired, your personal information may be one of the transferred assets. We may also disclose your personal information with your express consent. We may share aggregate, non-personally identifiable information about Website users with third parties.

Please note that if you voluntarily submit any personal information for posting on the Website, such as a review or a blog post, the information becomes publicly available and can be collected and used by others, so you should use care before posting information about yourself online.

Access to Your Personal Information

You may access your personal information by signing into your account. From there, you can correct or modify your information. Please ensure that you keep your personal and contact details up to date by signing into your account and making changes when required.

Security

We maintain reasonable and appropriate measures designed to maintain information we collect in a secure manner. We have taken certain physical, electronic, and administrative steps to safeguard and secure the information we collect from Website visitors.

Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect and we cannot promise, and you should not expect, that your information will be secure in all circumstances. The transmission of information via the internet is not completely secure; this risk is common across the internet and not specific to our Website. We cannot guarantee the security of your data (including your personal information) transmitted to our Website; any transmission is at your own risk.

It is important for you to protect against unauthorized access to your password and to your computing device. Be sure to sign off and close your browser when you have finished your user session. This will help to ensure that others do not access your personal information if you share your computing device or use a computing device in a public place such as a library or internet café.

Children

We do not direct the Website to, nor do we knowingly collect any personal information from, children under the age of thirteen. In accordance with our terms and conditions of sale you must be at least eighteen years of age to order products from the Website.

Third Party Websites

The Website may contain links to third-party websites, such as social media sites like Facebook and Twitter, which may have privacy policies that differ from our own. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any external site before disclosing any personal information. Please contact those websites directly if you have any questions about their privacy policies.

Interest Based Advertising

We may use third-party advertising companies that use tracking technologies to serve our advertisements across the Internet. These companies may collect anonymous information about your visits to the Website and other websites and your interaction with our advertising and other communications. These advertising companies serve ads on behalf of us and others on non-affiliated sites, and some of those ads may be personalized, meaning that they are intended to be relevant to you based on information collected about your visits to this site and elsewhere over time. Other companies may also use such technology to advertise on our Website.

Changes to This Privacy Policy

We may change this privacy policy from time to time. When we do, we will post the change(s) on our Website. If we change the policy in a material way, we will provide appropriate online notice to you. Please check back frequently to see any updates or changes to our privacy policy.

Contact Us

If you have questions or concerns about this Privacy Policy, you can contact us by emailing us using the form at www.eyeslipsface.co.uk/contactus. If we need, or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail.

 

TERMS OF USE
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e.l.f. Cosmetics Website Terms of Use

1.            Introduction

1.1          In these Terms of Use, references to we, us or our (or words of similar import)means e.l.f. Cosmetics, Inc. registered in United States of America, whose registered office is at 10 W 33RD St. Room 802, New York, NY, 10001, United States of America.

1.2          In these Terms of Use, references to you means the person accessing and using the Website (as defined below).  If you use this Website on behalf of a company, organisation or other entity, then (i) you includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to these Terms of Use, and that you agree to these Terms of Use on behalf of yourself and the company, organisation or other entity. 

1.3          This website, eyeslipsface.co.uk (the Website) is operated by us.  These Terms of Use set out the basis on which you may make use of our Website. By accessing and using our Website, you are indicating your acceptance of these Terms of Use and you agree to comply with them.  If you do not agree to these Terms of Use, you may not use this Website.

1.4          We will use your personal information in accordance with our Privacy Policy.

1.5          We reserve the right to change these Terms of Use from time to time without prior notice by changing them on this Website.  The Terms of Use applicable to your use of our Website will be those in force at the time you access the Website.

2.            Accessing our Website

2.1          We do not guarantee that the Website will operate continuously or without interruptions or be error-free.  You must not attempt to interfere with the proper working of this Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt this Website or any computer system, server, router or any other internet-connected device associated with this Website.  You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attack our Website via a denial-of-service attack, a distributed denial-of service attack or otherwise. 

2.2          You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that we cannot and do not guarantee or promise that any content on this Website (including Material (as defined below)) will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

2.3          From time to time, we may restrict access to certain features or parts of the Website, or the entire Website. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

2.4          We reserve the right, in our discretion, to withdraw, suspend or modify this Website or certain features or parts of this Website with or without notice to you. There may also be times when this Website or certain features or parts of this Website become unavailable, whether on a scheduled or unscheduled basis.  You agree that we will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility or discontinuance of this Website or any service available on or through this Website.

3.            Using our Website

3.1          You must not use this Website for any activities that breach any laws, infringe any person's rights, or breach any standards, content requirements or codes published by any relevant authority.  You must use this Website and the information available from this Website responsibly. You must not use this Website or the information available from this Website for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

3.2          You must not use this Website in any way that interferes with our systems, other users or harasses, menaces or harms anyone.

3.3          You must not use this Website to make any speculative, false or fraudulent orders.

4.            Intellectual property rights

4.1          This Website consists of images, illustrations, graphics, video sequences, sounds, text, photographs, tools (including calculators), formats and styles of presentation, software (including HTML code) and material analogous to it, and other content (collectively, Material).  All copyright, moral ownership and other intellectual property rights in the Website and the Material (and derivatives of it) are either owned exclusively by or are licensed to us or one of our affiliates. 

4.2          Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us, our affiliates or our licensors.  You must not assert or attempt to obtain any such rights.

4.3          You acknowledge our (and our affiliates') rights to the Material. Save as provided elsewhere in these Terms of Use, you must not use, copy, reproduce, modify, manipulate, transmit, distribute, perform, publish, display, participate in the transfer or sale of, license or create derivative works from, or in any way exploit, Material accessed through this Website.  Where copying or transmission is expressly permitted, you must display an appropriate author attribution or copyright notice.

4.4          You may use, and download and print extracts from, this Website for your own personal use only to the extent necessary to utilise the Website and the services offered through it. No right, title or interest in any downloaded Material is transferred to you. You may not make any other use of Material on this Website. Except as expressly set out in these Terms of Use, you are not allowed to copy (whether by printing onto paper, storing on disk or any other way), scrape, distribute (including distributing copies), tamper with or alter in any way or otherwise use any Material contained in this Website.

4.5          Except as expressly set out in these Terms of Use, you are not allowed to copy or use any Material on this Website for any commercial purpose.

4.6          You are not allowed to remove any copyright, trade mark or other intellectual property notices or watermark contained in the original Material or from any Material copied or printed from the Website.

4.7          The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use, and you must (at our option) return or destroy any copies of the Materials you have made.

4.8          This Website also contains certain of our (or an affiliated company's) trade marks (whether granted or applied for), graphics, logos and service names (collectively, Devices). The Devices are owned exclusively by us or the affiliated company and may not be copied or reproduced in any format (save as expressly provided elsewhere in these Terms of Use), or used in connection with any product or service without our prior written consent. All other trade marks not owned by us or our affiliated companies that appear on this Website are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us or our affiliated companies and you must not use those trade marks without the permission of the respective owners.

5.            Accuracy of information

5.1          This Website is updated regularly, and content may change without notice. We are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time.  Material on the Website is not intended to amount to advice or authority on which reliance should be placed. We make no promise and give no assurance that any information is accurate, complete or up to date.  To the extent permitted by law, we accept no liability or responsibility for any loss, damage or injury arising as a consequence of any reliance placed upon the Material, whether by a visitor to the Website or by anyone who may be informed of its contents.

6.            Links to and from this Website

6.1          We may from time to time establish links to the websites of other e.l.f. Cosmetics, Inc. group companies from this Website.  Your use of those websites is subject to the terms of use and policies available on those websites.

6.2          From time to time we may also establish relationships with third parties that will enable you to access the websites of such third parties directly from our Website. Where this Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.  The inclusion of these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.

6.3          You may not link from another internet site to any page on this Website without our prior written consent and after entering into such agreement as we may require.  We are not responsible for external websites that link to this Website.

7.            Liability

7.1          In your use of our Website, to the extent not prohibited by law, we accept no liability for any:

7.1.1            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 started to use our Website);

7.1.2            loss which arises when we are not at fault or in breach of these Terms of Use; and

7.1.3            business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

7.2          If you are acting as a consumer, 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 these Terms of Use 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.

7.3          We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

7.4          Nothing in these Terms of Use excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited under applicable law.

8.            Contacting us

8.1          To contact us (including to discuss any complaint), you may contact us by email elfemsUK@elfcosmetics.com. 

8.2          Any formal legal notices should be sent to e.l.f. Cosmetics, Inc. and our registered office is at 10 W 33RD St Room 802, New York, NY, 10001, United States of America.

9.            Other important terms

9.1          Failure by us to enforce a right does not result in waiver of such right.

9.2          Each of the provisions of these Terms of Use operates separately. If any provision (or part of any provision) (including any terms in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable: (i) that provision (or part-provision) will, to the extent required, be excluded from forming part of these Terms of Use; and (ii) the remaining provisions will be unaffected and will remain in full force and effect.

9.3          You may not assign or transfer your rights or obligations under these Terms of Use.

9.4          Except as expressly stated, a person who is not a party to these Terms of Use shall not have any rights under or in connection with these Terms of Use by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

9.5          Subject to clause 9.6, you and we agree that these Terms of Use will be governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with these Terms of Use (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

9.6          Regardless of clause 9.5, 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 these Website Terms of Use and any dispute between you and us arising out of or in connection with these Website Terms of Use (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts located there.

9.7          These Terms of Use were last updated on 15 September 2015.

 

 

TERMS OF SALE
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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;

1.1.6             Privacy Policy, we mean our privacy policy, full details of which can be found on our Website;

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              Payment

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

6.3.3             PayPal.

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            Liability

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

13.1        In the course of our dealings with you we will collect and process personal information about you, including to administer and process your order, and to provide the Products.  Further information on the manner in which we process personal information is set out in our privacy policy, a copy of which is available on our Website.  

14            Complaints

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.

 

 

 

 

 

 

 

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Cancellation Form

 

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):

 

...........................................................................................................................................                                                    

Date:.................................................................................................................................

 

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