terms of use

e.l.f. Cosmetics
Effective as of 6 September, 2019

Thank you for accessing www.elfcosmetics.co.uk (the “Site”).

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.

When you use the Site, these terms of use (these “Terms of Use”) apply, whether you access or use the Site as a guest or as a registered user. Use of the Site includes accessing, browsing, or registering to the Site. Please read these Terms of Use carefully before you start to use the Site.

By using the Site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Site.

Please note that we keep these Terms of Use updated and we amend them from time to time, so remember to check back in before you use the Site, as the latest set will apply.

Please note that all orders and purchases made on the Site will also be governed by the Purchase and Sale Terms and Conditions.

USE OF THE SITE

The Site is made available free of charge for your personal use subject to these Terms of Use. You may not use the content of the Site for any commercial purposes whatsoever.

You may use the Site only for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. You may not

  • misuse or tamper with the Site (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc.)
  • use the Site in any way that breaches any applicable local, national, or international law or regulation;
  • use the Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • use the Site for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our user generate content guidelines; or
  • use the Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

We may end or restrict your use of the Site, without warning and without liability to you or any third party. You understand that we have the sole right to determine in our reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of these Terms of Use.

The Site is meant for adults. By using this Site, you are representing that you have reached the age of majority in the country in which you reside.

AVAILABILITY OF THE SITE AND ACCESSING THE SITE

You are responsible for making all arrangements necessary for you to have access to the Site.

Although we aim to offer you the best service possible, the Site, or any content on it, may not always be available or remain uninterrupted. Please note that we may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons without notice (e.g. for repairs, maintenance and/or updates). We will attempt to restore the service as soon as it reasonably can. Except where required by applicable law, we will not be liable to you if for any reason the Site is unavailable at any time or for any period.

We use reasonable efforts to ensure that the Site is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Site (including any content on it or any Site accessible from it) will not cause damage to your computer or other device. You should use your own virus protection software. Except where required by applicable law, we are not liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Site.

USER GENERATED CONTENT

You agree that we may use your comments, reviews, feedback, suggestions, or questions, and any other submissions disclosed, submitted or offered by you on or through the Site (collectively, “Submissions”) without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services. When you make a Submissions (other than your personal data which is subject to our Privacy Notice), you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferrable license to use reproduce, distribute, prepare derivative works and display the Submission in connection with our business, including in order to promote our sites or our business. You also grant us the right to sub-license your content to third parties on the same terms granted by you to us.

Submissions should not include:

  • abusive, offensive, or otherwise inappropriate language;
  • profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others;
  • comments about other reviewers or bloggers;
  • remarks that repeat criminal accusations, false, defamatory, or misleading statements;
  • material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;
  • spam or advertising; or
  • HTML code, computer script or Site URLs.

We, in our absolute discretion, reserves the right to not publish any Submission or remove it, take any appropriate action if deemed necessary or remove reviews which do not comply with the rules above.

Please note that the views expressed in Submissions are the opinions of those users and do not represent the views, opinions, beliefs or values of e.l.f. Cosmetics or any of its group companies.

ELECTRONIC COMMUNICATIONS

By using the Site, you agree that we may send you operational messages. You consent to receiving operational electronic communications and notices from us. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Any marketing messages we send to you will be sent in accordance with our Privacy Notice.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it (the “Material”). The Material is protected by copyright laws and treaties around the world. ALL RIGHTS RESERVED.

We do not grant any implied right to you or any other person and do not transfer or assign any ownership or intellectual property interest or title in or to the Site (including the Material) (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes and may result in criminal or civil penalties.

You may not alter, delete or conceal any copyright or other notices contained on the Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site.

You may not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party Site), or otherwise use, any Material without our express prior written consent.

All of our trademarks, service marks and trade names used on the Site (including e.l.f. Cosmetics and all other names, logos, and icons identifying e.l.f. Cosmetics and its products and services) are proprietary trademarks of e.l.f. Cosmetics, Inc. (or its affiliates) in the U.S., Europe and other countries. Except as otherwise permitted by these Terms of Use, they may not be used (including, without limitation, as domain names or account identifiers) without our prior express written permission. All other trademarks (including other product and company names) that appear on the Site are the property of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us).

NO RELIANCE

The Site and the Material is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the Site or the Material is accurate, complete or up-to-date. Please note that while we have tried to accurately display the colors of our products, the actual colors you see will depend on your monitor and may not be accurate.

EXCLUSIONS OF LIABILITY

We exclude all representations, warranties, conditions, and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms of Use or your use of the Site.

These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Terms of Use shall exclude or limit our liability for personal injury or death caused by our negligence or for fraud. In addition, these Terms of Use shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

LINKS TO OTHER SITES; LINKS TO THIS SITE

The Site may include links to third-party Sites. These links are provided for your information only. We do not control and are not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement or approval of it. We are not responsible for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Sites.

You may link to this Site, as long as you do so in a way that is non-commercial, is fair and legal, and doesn’t damage or take advantage of our reputation. You may not link in a way that suggests any form of approval or endorsement by us where none exists. The Site may not be framed on any other site without our permission.

We reserve the right to withdraw linking permission without notice.

GOVERNING LAW

These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use or their subject matter or formation or the use of the Site shall be governed by and construed in accordance with the laws of England and Wales, subject only to mandatory provisions of consumer law in the country in which you reside.

You agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Site, these Terms of Use or their subject matter or formation. Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission's Online Dispute Resolution Body.

MISCELLANEOUS

These Terms of Use do not affect your statutory rights or your legal rights as a consumer.

Where any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction then such provision shall be deemed to be severed from these Terms of Use and, if possible, replaced with a lawful provision which, as closely as possible, gives effect to the intention of e.l.f. Cosmetics under these Terms of Use and, where permissible, that shall not affect or impair the legality, validity or enforceability in that, or any other, jurisdiction of any other provision of these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms of Use, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms of Use nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.

Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision.

We may assign these Terms of Use in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms of Use.

These Terms of Use represent the entire agreement between you and us in connection with your use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and e.l.f. Cosmetics with respect to the Site.

Any rights not expressly granted herein are reserved by e.l.f. Cosmetics. Please note that e.l.f. Cosmetics reserves the right to change these Terms of Use and by which the Site is extended to you by providing you in writing or electronically a copy of such revised terms (or notice thereof).

We may revise these Terms of Use at any time by updating this page. By using the Site, you agree to be bound by any such changes. Every time you wish to use the Site, please check these Terms of Use to ensure you understand the terms that apply at that time. We may update and change the Site from time to time to reflect changes to our products, our customer’s needs, and our business priorities.

CONTACT US

If you have any questions, concerns or complaints about these Terms of Use, please contact us here.