PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT.
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 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 firstname.lastname@example.org
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- AGREEMENT TO BE BOUND
1 – 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 third party call center reps or direct Ellement Co. sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Ellement Co. and its designated in house or third party call team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of 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: email@example.com
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 firstname.lastname@example.org
Delivery Policy & Shipping Turn Around Time.
Our Customer Care team are dedicated to deliver the products purchased from Ellementco.com in excellent condition and in the quickest time possible.
For all purchases of Rs. 3000 or more, we will deliver the order to your doorstep free of cost, within India within 3-5 working days.A shipping charge of Rs. 150 will be applicable to all orders under Rs. 3000.
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 Fed Ex, Blue Dart, DHL, Aramex or any other email@example.com via firstname.lastname@example.org. 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 turn around time. If you require any items/your order or gift to somebody to 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.
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. We will not bear the cost of return order shipment.
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 productsent to you.
2 – WEBSITE
Content; Intellectual Property; Third Party Links.
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 the India, foreign nations, and international bodies. Unauthorized 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 website 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, and (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.
6 – PRIVACY
7 – 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.
8 – 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, labor 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 unauthorized 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: email@example.com