Overview
These Terms of Service constitute a legally binding agreement between you (the person accessing or purchasing products through our website) (“you” or “your”) and ELVISH (“the Company,” “we”). The following terms, including any explicitly referenced terms (collectively “Terms of Service”), govern your access to and use of www.elvishbeauty.com (“the Website”), including any content, products ordered, and services provided on or through the Website, whether as a visitor or registered user.
By using and accessing this Website or purchasing any products from it, you agree to be bound by all the terms, conditions, policies, and statements outlined herein, including additional terms, conditions, and policies referenced and accessible via hyperlinks, such as our Privacy Policy at https://elvishbeauty.com/pages/terms-of-service. These Terms of Service apply to all users of our Website, including but not limited to browsers, vendors, customers, merchants, and content contributors.
Section 1 – Acceptance and Eligibility
Please carefully read these Terms of Service before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree with all the terms and conditions of this Agreement, you may not access the Website or purchase any products.
Any new features or tools added to the Website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
This Website is intended for use by individuals who are at least 18 years old, reside in the United States or its territories or possessions, or are subject to U.S. law through business conducted with us. By using this Website, you represent and warrant that: (1) you are of legal age to form a binding contract; (2) individuals under 18 years old are not permitted to use or access the Website; (3) you meet all eligibility requirements. If you do not meet all of these requirements, you may not access or use the Website.
You may not use our products for any illegal or unauthorized purpose. We prohibit the use of our products in violation of any applicable laws in your jurisdiction.
Violation or breach of any terms will result in immediate termination of your access to the Website.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
This Website may contain content provided by third parties, including other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, as well as any articles and responses to questions and other content (other than the content provided by the Company), are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties on the Website. We recommend that you independently research any opinions expressed on the Website.
Section 4 – Modifications to the Service and Prices
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Changes to service, including price changes, modifications, suspensions, or discontinuance, will not be liable to you or to any third party.
Section 5 – Products or Services (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products in the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Ownership
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service grant you a limited license to access and use the Website for your personal, non-commercial use only. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
– Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
– You may store files that are automatically cached by your Web browser for display enhancement purposes.
– You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
– If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the end user license agreement for such applications.
– If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not:
– Modify copies of any materials from this Website.
– Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
– Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
You may not access or use any part of the Website or any services or materials available through the Website for any commercial purposes. If you wish to make any use of materials on the Website other than that set out in this Section, please address your request to: elvish@elvishbeauty.com.
If you violate these Terms of Service by printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the Website, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. The rights, ownership, or interests in the Website or any content on the Website are not transferred to you, and the Company reserves all rights not expressly granted herein. Any use of the Website in a manner not expressly permitted by these Terms of Service may violate copyright, trademark, and other laws.
Section 7 – Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors, whether registered or not. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Section 8 – Accuracy of Billing and Account Information
To access certain resources of this Website, you may be required to provide certain registration details or other information. Your use of this Website is conditioned on all information you provide on this Website being correct, current, and complete. You agree that all information you provide on this Website, including but not limited to through any interactive features on the Website, is governed by our Privacy Policy at https://elvishbeauty.com/pages/terms-of-service and you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, or under the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You shall provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy !!!.
Section 9 – Online Purchases
Sales Terms. By ordering products or services through this website, you accept and are bound by the ordering terms set forth herein and on the website. You should also carefully read our Privacy Policy at https://elvishbeauty.com/pages/privacy-policy before placing an order through this website. You may not order or obtain products or services from this website if you: (a) do not agree to these terms of service, (b) are not at least 18 years old or of legal age to form a binding contract with the company, or (c) are prohibited by applicable law from using the website’s content, goods, or services.
Order Acceptance and Cancellation. You agree that your order is an offer to buy all products and services listed in your order under these terms of service. All orders must be accepted by us or we will not be obligated to sell products or services to you. We may choose not to accept any orders at our sole discretion. After receiving your order, we will send you a confirmation email with your order number and details of the items you ordered. Your order is not accepted by us until you receive the order confirmation email, at which point a sales contract is formed between you and the company. You may cancel your order at any time before we send the order confirmation email by emailing elvish@elvishbeauty.com.
Prices and Payment Terms. All prices posted on this 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 email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and itemized in your shopping cart and order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Payment terms are at our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept PayPal for all purchases. 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 the purchase, (iii) charges incurred by you will be honored by your credit card company, (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, and (v) you will not initiate any chargeback without attempting to resolve the issue directly with us first.
Shipping; Delivery, Title, and Risk of Loss. We will arrange for shipment of the products to you through a third-party service. Please check the individual product page for specific delivery options. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Section 10 – Refunds
ELVISH offers a 60-day full trial period for all products. The 60-day trial period starts when the customer receives the product. Return shipping costs are your responsibility. We require returns to be sent back in their original packaging to prevent damage during transit. You should retain tracking information to provide proof of delivery to ELVISH. ELVISH is not responsible for lost or damaged returns, and we reserve the right to charge for any damage you cause to the product.
If the customer chooses to return the product within the 60-day trial period, they will receive a 100% refund of the product cost – any optional expedited shipping and international shipping costs are non-refundable. Returns must include your full name and order number. Returns must be shipped out before the end of the 60-day trial period. Returns shipped after the 60-day trial period will not be accepted.
If the returned product is damaged or in an unsellable condition, the goods will be rejected and returned to the sender.
Return Shipping
To return your product, you should mail your product to: Shenzhen ELVISH Technology Co., Ltd. 518131 Building C, Room 407 1970 Cultural and Creative Industry Park Shenzhen, Guangdong, China
Please include your name and order number on the return label.
Damages
Buyers must report damaged goods received within ten (10) days of receipt. Please inspect your products carefully and report any damages within 10 days. ELVISH is not responsible for damages reported after 10 days. We require photographic and video evidence of the damaged product to address the issue with the manufacturer or shipping company.
Refunds
Once your return is received and inspected, you will receive an email notification of the receipt of your item. If approved, your refund will be processed, and a credit will be automatically applied to your credit card or original method of payment.
Exchanges
If the item is defective or damaged, we will replace it according to the damage proof requirements, i.e., we require photographic and video evidence of the received damaged product. If you need to exchange it for the same item, you must email elvish@elvishbeauty.com to request an exchange.
Section 11 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider. We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
Section 12 – Third-Party Links and Services
Certain content, products, and services available via our service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
The shopping functionality of the website is provided by a third party, Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. Issues related to the checkout process or functionalities unsupported by Shopify may result in limitations on our website’s capabilities.
Section 13 – User Comments, Feedback, and Other Submissions
If you submit specific materials at our request (for example, contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these terms of service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 14 – Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any comments, feedback and other submissions.
- Take any action with respect to any comments, feedback and other submissions that we deem necessary or appropriate in our sole discretion, including if we believe that they violate the Terms of Service, including the standards set forth in Section 13, infringe the intellectual property or other rights of any person or entity, threaten the personal safety of users of the Site or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including intellectual property rights or privacy rights.
- Take appropriate legal action, including restraint, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation for any violation of these Terms of Service.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
- You waive and hold harmless the Company and its affiliates, licensors, and service providers from any claims arising out of any actions taken by any of the foregoing parties during or as a result of their or law enforcement investigations.
However, we do not undertake to review material before it is posted on the Site, nor can we ensure prompt removal of inaccurate or objectionable material after it has been posted. Therefore, under federal law (Section 230 of the Communications Decency Act), we assume no liability for any action or inaction with respect to transmissions, communications, or content provided on our Site by any user or third party. We have no liability to anyone for performance or nonperformance of the activities described in this section.
Section 15 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Click to view our Privacy Policy. By using this website, you consent to all actions we take with your information in compliance with our Privacy Policy.
Section 16 – Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Unless required by law, we undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 17 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 18 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall ELVISH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. In no event shall ELVISH’s aggregate liability for all claims related to the products or services exceed the amount paid by you for such product or service in the twelve (12) months preceding the claim.
Product Specific Warranty Policies:
ELVISH G40 series comes with a 1-year warranty. ELVISH S series & ELVISH E series come with a 3-year warranty. Other series come with a 1-year warranty, with specific warranty durations detailed in the product descriptions.
The aforementioned warranties are valid only for the original purchaser of items bought directly from www.elvishbeauty.com or authorized dealers and are not transferable. The warranty period starts from the date of delivery of the original purchased item.
The warranty covers any material or workmanship defects under normal use during the warranty period. During the warranty period, ELVISH will replace, at no charge, products or parts of a product that proves defective because of improper material or workmanship, under normal use and maintenance. ELVISH will replace the product at no charge. During the first 180 days, ELVISH will bear all shipping costs associated with your claim. After the first 180 days, the buyer will be responsible for the shipping costs and any related insurance during shipping to ELVISH. Please retain tracking information as proof of delivery to us. The warranty does not cover any problem caused by damage resulting from negligence, improper maintenance, improper use, testing, or unauthorized modification. The warranty does not cover theft or loss of the product. To obtain warranty service, you must first contact us at elvish@elvishbeauty.com to determine the problem and the most appropriate solution for you. You may be required to provide proof of any defect, so you should retain any photos and videos of the purported defect.
Medical Advice Disclaimer
This product is not intended for the treatment or management of any disease or condition and should not be considered a substitute for medical advice and action to cure, treat, or prevent any disease. If you have any questions or concerns about your individual needs and any medical conditions, you should always consult with a qualified healthcare professional. ELVISH does not recommend or endorse any specific physicians, procedures, products (including our products), opinions, or other information that may be mentioned on the website; such information is provided for informational purposes only. Reliance on any information appearing on the website is solely at your own risk.
Section 19 – Indemnification
You agree to indemnify, defend, and hold harmless ELVISH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 20 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 21 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 22 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 23 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Updated Terms of Service will be emailed to you. If you do not agree to the updated Terms of Service, the updated Terms of Service email will provide you with an option to opt out of participating and using the website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24 – Force Majeure
We shall not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. We shall not be liable to you and shall not be deemed to be in breach of these Terms of Service by reason of any delay in performing, or any failure to perform, any of our obligations under these Terms of Service if the delay or failure was due to any cause beyond our reasonable control.
Section 25 – Contact Information
Questions about the Terms of Service should be sent to us at elvish@elvishbeauty.com.