Elle Willow Skin Naturals

Effective Date: 01/01/22

Terms and Conditions of Elle Willow Skin Naturals

Elle Willow Skin Naturals (“we”, “us”, or “our”) provides content and products available on the website, www.ellewillowskin.com (“site”). By using this site, you are subject to the following terms, conditions, and our privacy policy.  

This site is operated by Elle Willow Skin Naturals (EWSN). EWSN processes orders placed through this site and will be the merchant of record for such orders, unless otherwise indicated during the checkout process.

You acknowledge and agree that these terms and conditions constitute the complete and exclusive agreement between us concerning your use of ElleWillowSkin.com. These terms supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these terms/conditions at any time by posting changes on the site and providing notice of such changes. Any changes are effective immediately. The effective date of the most current version will be posted at the top of the page. Your continued use thereafter constitutes your agreement to all such changes. We may, with or without prior notice, terminate any rights granted. Nothing contained in these terms and conditions shall be construed as creating any partnership, or other form of joint enterprise with us. 

YOUR LEGAL RIGHTS.  PLEASE READ THEM.

You must be 18 years old or the age of majority in your jurisdiction in order to make purchases on our site.  If you are under 18 years old or under the age of majority in your jurisdiction, then you may not make a purchase on Elle Willow Skin Naturals. If you are under 13 years old, you may browse our site, however, you may not provide personal information to us, make purchases, nor register.  This site nor its products are for children under 13 years old.  

By accessing or using the site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, and to be bound by these terms.

If you do not agree, you may not use or purchase from this site and should exit.

 Use of Products

Products and samples provided are for personal use only. You may not sell or resell any of the products or samples you receive from us. We reserve the right, with or without notice, to cancel, reduce the quantity of any order to be filled, products, or services to be provided to you that we believe, in our sole discretion, may result in the violation of our terms, conditions, copyright and/or intellectual property.

All orders flagged as “likely for fraud” will be immediately canceled.

Purchases and Deliveries

The well-being of our colleagues is our utmost priority. We have put measures in place, including social distancing plans, to protect individuals working in our distribution centers, which may impact processing times.

Due to changes in major courier systems, some deliveries may take longer than expected. Please allow 7-10 business days to receive standard orders; custom and wholesale orders may take longer.  Orders made after 4 PM and weekends will be processed on the next business day. All orders will receive a tracking number. Notice will be given once the order is acknowledged. 

Signatures are required for all deliveries. Please make arrangements to receive your order. Orders left in extreme temperatures or outdoor elements may be compromised. Temperatures over 78 degrees fahrenheit may cause melting. Once properly stowed, body butters will solidify and will not impact the efficacy of the product.

Accuracy of Information

EWSN attempts to be as accurate as possible when describing our products on the site; however we do not warrant that the product descriptions, colors, information or other content available on the site are error-free.

This site may contain typographical errors or inaccuracies and may not be complete or current. Therefore we reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse orders placed based on incorrect pricing or availability information. We deeply apologize for any inconveniences.

Intellectual Property

All information and content on the site: its aesthetic, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation and organization thereof is our property or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.

By law, neither the content nor any portion of the site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

Use Restrictions

You agree that you will not or attempt cause any of the following:

  1. meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrap, index, mine, republish, redistribute, transmit, sell, license or download the site, nor seize personal information of others without our prior written permission or authorization;
  2. use any content for professional use;
  3. modify, reverse engineer or create any derivative works based upon the site or any content;
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  5. “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
  6. intentionally violate any applicable local, state, national or international law;
  7. transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the site; and/or
  8. engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”

Your Obligations and Responsibilities

By accessing or using the site, you agree that you will comply with these terms. You agree that when accessing or using the site or any content, you will act in accordance with the law, custom and in good faith. You may not make any changes to the site or services that may appear on this site. You may not impair in any way the integrity or operation of the site. Without limiting the generality of any other provision of these terms and conditions, if you default negligently or willfully in any of the obligations set forth you may be held liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

Accounts on Elle Willow Skin

You are responsible for maintaining the confidentiality of your account, username and password. You are responsible for restricting access on your computer. If there is unauthorized use of your password or account please change your password and notify your financial institution. You are responsible for maintaining your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using this site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all terms, conditions, and privacy. You may cancel your account with us at any time. 

We reserve the right to refuse service and/or terminate accounts without prior notice if these terms and conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

Third Party Links

We are not responsible for the content of any third party sites even if they are linked to or from the site. Links appearing on the site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access these third party websites at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.

Copyright Infringement Notices

We respect the intellectual property of others. Consistent with the Digital Millennium Copyright Act (DMCA), if you believe that materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to our designated agent for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on the site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties; Limitation of Liability

The site and its products are presented ‘as is’. We are not responsible for misuse of the products. Please consult with the appropriate professional before using our products. Please thoroughly read instructions, directions, and ingredients lists before using. 

Disputes

With respect to any dispute, claim, or controversy regarding the site, all rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of Delaware, as if the terms and conditions were a contract wholly entered into and wholly performed within Delaware. 

Disputes are subject to arbitration. Arbitration means that arbitrators will decide the claim (s) and you will not have any right to sue in court or have a judge or jury decide your claim. Your right to prehearing exchange of information and appeals may be limited to arbitration.

It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision.  Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Consent to Receive Notices Electronically 

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent. 

In such an event, all rights granted to you pursuant to these terms and conditions.

Please note that this consent to receive notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our privacy policy.

If you have any questions regarding these terms and conditions, please contact us.

Copyright © Elle Willow Skin Naturals All worldwide rights reserved.


 

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