Terms & Conditions

 

This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.ellementco.com (the “Website”), [Ellement Co.] (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Ellement Co. reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Ellement Co. will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Ellement Co. encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Ellement Co. for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), you can email us with your query on orders@ellementco.com

If you do not agree to these Terms of Use, You are not entitled to use the Website and any use thereafter shall be unauthorised.

In addition, when using particular services provided by us such as interacting with other members, using services available via links on the Website, You shall be subject to any additional guidelines or rules applicable to such services therein. Kindly print these terms of use or save a copy of these terms of service for Your records. If You do not agree to any of these terms, then please do not use the Website.

PRODUCTS, DELIVERY, TURN AROUND TIME & RETURNS

Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. Customer Solicitation: Unless you notify our team of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails from Ellement Co.

Opt Out Procedure: We provide 2 easy ways to opt out from future solicitations.

• You may use the opt out link found in any email solicitation that you may receive.
• You may also choose to opt out, via sending your email address to:  orders@ellementco.com

Proprietary Rights:

Ellement Co. has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Ellement Co. Ellement Co. also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Goods & Service Tax:

All our prices are inclusive of Government taxes. Should you require a GST Number input in your bill, if you are purchasing for your Business, please email us with your order number and request for the same on orders@ellementco.com

Delivery Policy & Shipping Turnaround Time:

Our Customer Care team is dedicated to deliver the products purchased from our website hygienically and in the quickest time possible. We require a complete address with a phone number to ship the goods. No dispatches will be made without a valid phone number. Please contact our online customer service at orders@ellementco.com if you require further information.

Shipping:

• For all purchases of Rs. 2000 or more, we will deliver the order to your doorstep free of cost, within India within 3-5 working days. A shipping charge will be applicable to all orders under Rs. 2000 basis on your product weight.
• International Shipping is available and will be calculated once all items are added to cart and you are at checkout.
• You may request us to ship the order through your personal choice of courier company such as FedEx, Blue Dart, DHL, Aramex or any other via orders@ellementco.com. Charges may be applicable about which you will be informed as per your parcel weight.
• During holidays/ festive season, kindly note there could be delays in delivery due to high volumes, or courier company turnaround time. If you require any items/your order or gift to somebody to be delivered urgently, write to us or call us and we will look into the same to the best of our ability to ensure your order reaches on time.
• We Ship our Orders via reputed logistics Partners & Turn Around Time varies from one logistics partner to another.
• Our warehouse system determines what carrier is most efficient for your delivery based upon several factors including merchandise ordered and delivery address. All orders can be tracked, while in transit; when your order ships, your confirmation e-mail will contain a tracking number and shipping information.
• If you return an order delivered to you, original shipping charges will not be refunded and you need to self-ship the refunded product back to us.

Returns:

Returns are accepted on damaged products only. Due to the nature of our products being of personal use and cosmetic products– we do not accept returns or provide refunds. Credit Notes in the form of voucher codes for the website, will be issued in case of any damaged / wrong product sent to you.

Out Of Stock Items:

If there is something that you simply love and must have and if that’s out of stock, drop us an email to orders@ellementco.com or a WhatsApp on (+91) 8879192878 with product code. We promise you that we do everything in our power to get it out to you!

WEBSITE

In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about beauty products. Ellement Co. does not always create the information offered on this Website instead the information is often gathered from other sources.

To the extent that Ellement Co. does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorised use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non- commercial use. Any links to third-party websites are provided solely as a convenience to you. Ellement Co. does not endorse the contents on any such third-party websites. Ellement Co. is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. Third-Party websites mean: Amazon, Nykaa, and other E-commerce portals.

Use of Website; Ellement Co. is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will

1. Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property)
2. Not interfere with or disrupt the use and enjoyment of the Website by other users
3. Not resell material on the Website
4. Not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication
5. Not defame, harass, abuse, or disrupt other users of the Website License. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Ellement Co. or the applicable third party (if third party content is at issue) Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Ellement Co. a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.

Ellement Co. does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Ellement Co. is not liable for any damage or harm resulting from any posts by or interactions between users. Ellement Co. reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Ellement Co. deems objectionable, in Ellement Products sole discretion.

3. DISCLAIMER OF WARRANTIES

Your use of this website and/or products are at your sole risk. the website and products are offered on an “as is” and “as available” basis. Ellement Co. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.) Without limiting the generality of the foregoing, Ellement Co. makes no warranty: that the information provided on this website is accurate, reliable, complete, or timely. That the links to third- party websites are to information that is accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. As to the results that may be obtained from the use of the products or that defects in products will be corrected. Regarding any products purchased or obtained through the website. some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

4. LIMITATION OF LIABILITY

Ellement Co. entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

Will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

5. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Ellement Co., and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Ellement Co. If Ellement Co. is threatened with a suit or sued by a third party, Ellement Co. may seek written assurances from you concerning your promise to indemnify Ellement Co. your failure to provide such assurances may be considered by Ellement Co. to be a material breach of this Agreement. Ellement Co. will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Ellement Co. choice at its expense. Ellement Co. will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Ellement Co. against any claim, but you must receive Ellement Co. prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

PRIVACY

Ellement Co. believes strongly in protecting user privacy and providing you with notice of Ellement Co.’s use of data. Please refer to Ellement Co. Privacy Policy, incorporated by reference herein, that is posted on the Website.

Closure Of The Account:

We reserve the right to filter/close your Ellement Co. account and/or immediately stop/restrict your access to the Website by blocking/deleting your Ellement Co.  account (either temporarily or permanently), at our sole discretion, without any further notice or intimation to you, in respect of the following and you hereby disclaim us in respect of the same:

1. a) creation of any fake accounts;
2. b) your illegal and unauthorised conduct;
3. c) user submissions or Content and/or Products which are obscene, defamatory and/or offensive;
4. d) user submissions that are objectionable and for which complaints has been received by Us; and/or
5. e) user submissions or Content and/or Products that infringe any third party’s intellectual property rights, copyrights, etc

If you are dissatisfied or harmed by the Website or anything related to the Website, you may close your account and terminate this agreement and such termination shall be your sole and exclusive remedy.

This Privacy Policy details important information regarding the use and disclosure of user and/ or member information collected on the Website. We provide this Privacy Policy to help you make an informed decision about whether to use or discontinue using the Website.

This Privacy Policy is incorporated into and is subject to the Terms of Use.

Your use of the Website and any personal information you provide on the Website remains subject to the terms of this Privacy Policy and our Terms of Use. By visiting and using the Website, You agree that your use of the Website, and any dispute over privacy, is governed by this Privacy Policy and our Terms of Use.

All information that is submitted by You as the user of the Website and which is personally identifiable information through the Website may be used to operate, maintain, and provide to you the features and functionality of the Website. Any such information which you volunteer will be dealt with the highest standards of confidentiality as reasonably expected.

AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

GENERAL

Force Majeure -  Ellement Co. will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.

Cessation of Operation - Ellement Co. may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products. Entire Agreement. This Agreement comprises the entire agreement between you and Ellement Co. and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver - The failure of Ellement Co. to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Neither you nor Ellement Co. will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination - Ellement Co. reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Ellement Co. may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Ellement Co. reserves the right to exercise whatever means it deems necessary to prevent unauthorised access of the Website. This Agreement will survive indefinitely unless and until Ellement Co. chooses, in its sole discretion and without advance to you, to terminate it.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. Ellement Co. may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you have any questions please contact:  orders@ellementco.com

PRIVACY POLICY

Ellementco.com recognises the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on https://ellementco.comand other offline sources. This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy.

Information we collect:

1. Contact information: We collect your name, email, mobile number, phone number, street, city, state, pincode, and country when you purchase an order.
2. Payment and billing information: We might collect your billing name, billing address and payment method when making a transaction. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website. Credit card information will be obtained and processed by our online payment partner CC Avenue. Your payment is completely secure and is done using one of the world’s best payment gateways: CC Avenue.
3. Additionally, if You require a printed invoice for Your transaction with us, You may access it through Your account settings with Website under “Purchase History” or, for related invoices, request one by contacting our Customer Support.

Information you post:

1. We collect information you post in a public space on our website or on a third-party social media site belonging to com for marketing purposes such as newsletters only. We do not share your data further, it is only for internal use and promotions of our brand.

Demographic information:

1. We may collect demographic information about you, events you like, events you intend to participate in, tickets you buy, or any other information provided by you during the use of our website. We might collect this as a part of a survey also, but you will be informed in the case of the latter.

Other information:

1. If  you use our website, we may collect information about your IP address and the browser you are using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us for sales forecasting and analysis purposes only. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running to provide better functionality and understand the channels or mediums our customers prefer.

We collect information in different ways:

We collect information directly from you. We collect information directly from you when you register for a newsletter or place an order. We also collect information if you post a comment on our websites or ask us a question through phone or email. We collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.

We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.

Use of your personal information:

1. We use information to contact you: We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes.
2. We use information to respond to your requests or questions. We might use your information to confirm your registration or purchase.
3. We use information to improve our products and services. We might use your information to customise your experience with us. This could include displaying content based upon your preferences.
4. We use information to look at site trends and customer interests. We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.
5. We use information for security purposes We may use information to protect our company, our customers, or our websites.
6. We use information for marketing purposes We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting.
7. We use information to send you transactional communication We might send you Emails or SMS about your account or a purchase.
8. We use information as otherwise permitted by law.

Sharing of information with third-parties:

We will share information with third parties who perform services on our behalf. We share information with vendors who help us manage our online registration process or payment processors or transactional message processors.

We will share information with the event organisers. We share your information with event organisers and other parties responsible for fulfilling the purchase obligation. The event organisers and other parties may use the information we give them as described in their privacy policies.

We may share information if we think we have to in order to comply with the law or to protect ourselves .We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.

We may share information with any successor to all or part of our business. For example, we may share the data with our sister-concern businesses for promotional purposes only.

Email Opt-Out:

You can opt out of receiving our newsletter & offer emails. To stop receiving our promotional emails, please email  orders@ellementco.com or WhatsApp on 889192878. It takes up to 7 working days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.

Third party sites:

If you click on one of the links to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.

Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Email:  orders@ellementco.com

If you have any questions about this Policy or other privacy concerns, you can also email us at  orders@ellementco.com

Updates to this policy:

This Privacy Policy was last updated on 08.03.2024. From time to time we may change our privacy practices. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website.