The Terms and Conditions together with any documents expressly incorporated by reference herein (the “Terms”) apply to the purchase and sale of products and services through www.elesteskincare.com (the “Website”). The Terms are subject to change by ELESTÉ Skincare (the “Company” and sometimes referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of the Terms will be posted on the Website, and you should review the Terms prior to purchasing any product or services that are available through the Website. Your continued use of the Website after a posted change in the Terms will constitute your acceptance of and agreement to such changes.
1. Order Acceptance and Cancellation.
You agree that any order you submit to us is an offer to buy, under the Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the requested products and/or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of your order. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation e-mail.
2. Prices and Payment Terms.
(a) All prices posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for your purchases, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
3. Refunds.
Refunds for our services are only possible until the moment that we provide you the product or service. After you receive any product/services from the company, there will be no more option to request refund.
Your refund will be credited back to the same payment method used to make the original purchase on the Website.
4. Goods Not for Resale. You agree to comply with all applicable laws and regulations. You represent and warrant that you are buying products or services from the Website for your own personal use only, and not for resale.
5. You will comply with all terms and conditions of any license granted for any product or service you obtain through the Website, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of those licensed products and services.
(a) You will not cause, induce, or permit others’ noncompliance with the terms and conditions of any of these any licenses grant hereunder.
(b) The Company is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on the Website and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, and trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through the Website, or of any intellectual property rights relating to those products or services.
6. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
7. Limited Warranty and Limit of Liability.
(a) The Company warrants that it shall perform all services hereunder (i) in accordance with the terms and subject to the conditions set out in these Terms, (ii) using personnel of required skill, experience, and qualifications, (iii) in a timely, workmanlike and professional manner in accordance with generally recognized industry standards for similar services.
(b) The Company’s sole and exclusive liability and your sole and exclusive remedy for breach of the warranty contained in subsection (a) of this section shall be as follows:
(iv) THE COMPANY MAKES NO WARRANTIES REGARDING THE SERVICE IT PROVIDES.
(c) THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED TO THE SKIN BECAUSE OF OUR CONSULATION. EVERY SKIN REACTS DIFFERENTLY TO CHEMICAL SUBSTANCES AND WE CAN NEVER BE 100% SURE THAT THEY WILL NOT CAUSE ALLERGIC REACTION OR OTHER DAMAGE TO YOUR SKIN. IN CASE YOU HAVE AN ABNORMAL REACTION TO ONE OR MORE PRODUCTS THAT WE RECOMMENDED, IMMIDIATELY STOP USING IT AND CONSULT WITH US. WE ARE ALSO NOT LIABLE FOR ANY DAMAGES CAUSED BECAUSE OF INAPPROPRIATE USE OF THE PRODUCTS. THE CUSTOMER IS RESPONSIBLE FOR CORRECT APPLICATION OF THE COSMETICS TO THE SKIN.
