PURCHASE AND SALE TERMS AND CONDITIONS
Effective as of 6 September, 2019
These Purchase and Sale Terms and Conditions (these “Purchase Terms”) apply to any order you place through or on www.elfcosmetics.co.uk (the “Site”). Please read these terms carefully before you submit your order to us.
The Site is owned and operated by e.l.f. Cosmetics, Inc., a Delaware corporation (“we” or “e.l.f. Cosmetics”). Our headquarters are located at 570 10th Street, Oakland, CA 94607, USA. You may contact us here.
Please note that we keep these Purchase Terms updated and we amend them from time to time, so remember to check back in each time you use the Site, as the version online at the time you place your order will apply.
Unfortunately, we do not accept orders from or deliver to addresses outside the United Kingdom as the Site is solely for the purchase and sale of our products in the UK.
Completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Following receipt of payment from you, we will ship the products and send you a shipping confirmation which will constitute our acceptance of your order. Prior to shipment of the product(s), we have the right to decline an order for any reason, including legal and regulatory reasons.
We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Following receipt of payment from you, we will ship the products and send you a shipping confirmation which will constitute our acceptance of your order. Prior to shipment of the product(s), we have the right to decline an order for any reason, including legal and regulatory reasons.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Please note that once an order has been placed, it can only be cancelled or amended in line with the ”Your Rights to Cancel Your Order” section. Please be sure to check your order before it is placed to make sure it is completely accurate.
PRICE AND PAYMENT
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
Please see our FAQs for the payment methods we currently accept.
SHIPPING AND DELIVERY
The costs of delivery will be as displayed to you on the Site when you complete the online checkout process. Delivery will be to the UK address specified in your order and the date of delivery of your order will depend on the delivery address. Please see more details of our delivery fees and estimated delivery time frames here.
All risk in the products you order (including risk of loss and/or damage to the products) will pass to you when they are delivered to the delivery address specified in your order.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Please note that if you enter an incorrect shipping address, we are unable to edit orders once they have been placed because orders are immediately transmitted to our shipping department. Please be sure to check your address before your order has been placed. This does not affect your rights to cancel or amend your order in line with the ”Your Rights to Cancel Your Order” section.
YOUR RIGHTS TO CANCEL YOUR ORDER
You can always cancel your order (sometimes referred to as “ending your contract with us” in these Purchase Terms). Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
The information contained in these Purchase Terms is not intended to be a full statement of all of your rights under the Consumer Contracts Regulations 2013 (the “Regulations”). Full details of your rights under the Regulations are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
Cancelling you order because of something we have done or are going to do
If you have purchased a product through or on the Site, you have the right to cancel the contract and we will refund you in full for any products that have not been provided to you, if any of the below reasons apply:
- We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- There is a risk that supply of the products may be significantly delayed because of events outside our control; or
- You have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
Please note that you may also be entitled to compensation in these instances.
Cancelling you order because you changed your mind, or because the product is faulty or misdescribed
If you have purchased a product through or on the Site and you later change your mind, you have the right to cancel all or part of your order at any time up to 14 calendar days after the day on which you receive the products you ordered. Please note that if your order is split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products. We will then issue you with a refund for those products, subject to any deductions set out in the “Exercising your rights to cancel” section.
Please note that you do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
If you have purchased a product that is faulty or misdescribed, you have a legal right to end the contract, get the product repaired or replaces or get some or all of your money back. Please see the “Summary of Your Key Legal Rights” section.
Exercising your right to cancel
To exercise your right of cancellation, you must inform us of your decision to cancel by:
- emailing us at firstname.lastname@example.org; or
- sending us a message through our “Contact Us” form here.
Please provide your name, home address, details of the order including order number and, where available, your phone number and email address when you contact us. Please note that you must inform us of your decision to cancel within the relevant time periods listed above.
If you end the contract for any reason after products have been shipped to you or after you have received the products, you must return them to us. If you are exercising your right to change your mind, you must send the products back to us within 14 days of telling us you wish to end the contract.
Please seal the products securely (in the original package if possible). We recommend shipping your return with a service that provides tracking and insurance as we are not responsible for any packages lost in transit. All returns should be mailed to:
CPG Logistics Limited
Re: e.l.f. Cosmetics Customer Return
Gosport PO13 0FW
You will have to pay the costs of return except in the following instances:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
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 the following deductions from the price if you have cancelled because you changed your mind:
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. In the event 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. For example, if we offer standard delivery of a product at one cost but you choose to have the product delivered faster at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you, or if earlier, the day you provide us with evidence that you have sent the product back to us.
OUR RIGHTS TO CANCEL YOUR ORDER
We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your correct address; or
- you do not, within a reasonable time, allow us to deliver the products to you.
If we end the contract in the situations set out above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
The images of the products on the Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products. Your product may vary slightly from those images. The packaging of the product may also vary from that shown on images on our website.
If there is a problem with a product
If you have any questions or complaints about the product, please contact us by using one of the following methods. We’ll be happy to help.
• Email us at email@example.com; or
• Send us a message through our “Contact Us” form here.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
If you wish to exercise your legal rights to reject products, you must ship them back to us. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org for a return label or to arrange collection. In some instances, we may permit you to keep the rejected product and we will either refund you or send you a replacement.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Purchase Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude liability in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We only supply the products via the Site for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Enforcement of these Purchase Terms
These Purchase Terms are between you and us. No other person shall have any rights to enforce any the Purchase Terms.
If a court finds part of these Purchase Terms illegal, the rest will continue in force. Each of the paragraphs of these Purchase Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
These Purchase Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are unable to resolve a dispute with us, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.