TERMS AND CONDITIONS
- ELAN COSMETICS GENERAL TRADING CO. L.L.C ("ELAN COSMETICS", "we", "us" or "our") owns and operates the [https://elanofficial.ae] ("Website"). References to “you”, “your”, “yours” or “User” are references to the person(s) accessing the Website.
- Please read these Terms and Conditions (“Terms”) carefully as they govern our relationship with you and your use of the Website. By using the Website, Users are agreeing to our Terms, which may be updated from time to time.
- Accessing the Website
- We allow our Users to buy cosmetics (“Products”) listed on the Website. We also supply these Products to business entity as well as sales agents/distributors.
- We have the right, in our sole and absolute discretion, to delete or move any Product that is or may be available through the Website for any reason or for no reason at all.
- The images on the Website are for illustrative purposes only and colours of the Products may vary slightly from the images displayed on the Website. We do not guarantee that the images are accurate, but we make every effort to show them as close as possible to the original item.
- Product specifications are given as a guide to Users and to give an approximate idea of the Products.
- We reserve the right to change the price of any Product, discontinue a Product or make changes to the specifications at any time, without notice.
- Once the Products have been put in transit by us through the shipment company as per the order placed on the Website, the Products shall only be subject to the present Terms.
- For creating Account, Users shall have the option of using their [Gmail as well as Facebook account], apart from our own create account service. In case any Gmail or Facebook account is used by the User for creating an Account, relevant personal information as required to create Account may be shared with us.
- When you create an Account, you represent and warrant that:
- If you are an individual, you are of the age of majority under applicable law, unless permitted with a parent or legal guardian's supervision (including that parent or guardian agreeing to the Legal Terms on behalf of the User);
- If you are representing a company, organisation or any other legal entity (“Entity”), you have the authority to bind the Entity to these Terms;
- You are capable of entering into and performing legally binding contracts under applicable law; and
- All information which you provide is accurate, up to date, truthful and complete.
- In case there is any change in the information provided to us, you warrant to promptly notify us about the requisite changes and/or updates about your information.
- Unless expressly permitted by us and subject to the Legal Terms and any other additional terms as we determine, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or username and password (“ID”) to another party and must not use another User's Account without their permission. You are solely responsible to keep your ID or other personal information safe and you should not share it with anyone. In case of any unauthorised use of the ID of any User, we will have no liability towards the same.
- Posts by the Users, third-party copyrights
- The Website may also include bulletin boards, discussion groups and other public areas in addition to writing reviews and/or rating area that allows you to interact with other Users, and to post/ transmit/ upload (“Post”) your content to the Website (collectively “Content”).
- The Website and the Products available through the Website may contain links to other third-party websites ("Third-Party Websites"), which are completely unrelated to us. If you link to Third-Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies.
- As a User, you warrant, that any Post made by you is your original creation. Further, it is a Post that:
- you either own or are the licensee, having necessary permissions and rights to use the Content you Post as well as have the right, power and authority to grant the rights set out in the Legal Terms to us;
- we are entitled to use your Content in accordance with the Legal Term, that we may lawfully permit other Users to view your Content on the Website, without any payments (including any royalty payment) to you or any third party; and
- has obtained all consents and releases from all people who are identifiable in your Post.
- Further, you must ensure that copyrights are respected accordingly and that you do not copy, paste, upload or integrate copyrighted content in any form. You waive all moral rights you may have in it and you warrant that you have obtained a waiver of all others’ applicable moral rights.
- Some of the content used on the Website (such as, but not limited to, images and/or audio-visual material) may be the copyrighted works of third-party service providers, who reserve all their rights in such content. These third parties shall be entitled to the benefit of the Legal Terms in respect of their content as if they were “we” and shall be bound accordingly.
- We are committed to prioritizing the safety of our Users who are buying online using our Website. Whilst we endeavour to provide best possible experience and safety to our Users, we also rely upon our Users to help us achieve this. Thus, as a User, you warrant that any Content Posted on the Website, does not:
- violate any applicable law, policy or regulation;
- infringe any of the intellectual property rights and other legal rights of any party;
- harass, degrade, intimidate or is hateful towards any individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation;
- impersonate any person or Entity, including, but not limited to, our employees, or falsely states or otherwise misrepresents an affiliation with a person or Entity; and
- appear to be false, deceptive, misleading, deceitful or misinformative.
- We have a zero-tolerance policy towards any negative or offensive comments, information or Content which violates the present clause. If we come across any violation, which we will decide in our sole discretion, of conduct from the Users including, but not limited to, disrespectful comments on posts, reviews or direct messages which are harassing, bullying, abusive, body shames, sexual advances, or threatening message including death threats or hate speech or any type of harming behaviour, it may result in us taking any or all of the following actions:
- immediate, either temporary or permanent, withdrawal of your right to access the Website;
- immediate, temporary or permanent, removal of any of your Posts including Content, and Products posted on the Website;
- issue a warning to you;
- legal proceedings against you for compensation of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs);
- any further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably believe to be necessary; or
- any other action we may consider to be appropriate.
- Reporting Offensive Content/ Intellectual Property Right Infringement
We endeavour to make our Website free from any harmful, offensive, illegal or infringing Content. If you have any concerns about any Content that appears on the Website or you believe that such Content is harmful, offensive or infringes your rights (such as your intellectual property rights), please contact us via email at [firstname.lastname@example.org] with the following information:
- the location/ details about the harmful/ infringing/ offensive content;
- a brief description of why you consider the content to be harmful, offensive or infringing and a statement by you that you, under good faith, believe that the disputed use is not authorized by the intellectual property owner, its agent, or any law (if applicable); and
- your contact details, including your address, telephone number, and email address.
- Price on Website
- Our website tries to display accurate prices, but mistakes may occasionally occur. In the event that the order was processed with an incorrect price, we will honour the lower price (if it is lower than the actual value) or refund the difference (if it is higher) than the original price. Kindly contact customer service at [email@example.com] for assistance.
- We have the sole right to change the prices and they may change without notice.
- In case of changes in price, suspensions, or discontinuance of the website, we are not liable to you or to any third parties.
- Payment Method
- The accepted mode of payments are as follows:
- Debit/Credit Card - We accept online payments using VISA and Mastercard in AED. By choosing this option, you hereby authorize us to charge the amount you have purchased using the card details you have provided. All online transactions are completely protected and secured through SSL (Secure Socket Layer). All debit/ credit card payments are processed through a secure and trusted payment gateway. The whole transaction is fully encrypted for your security. Elan Cosmetics does not store any pertinent information on any servers after the order was placed.
All credit/debit card payments are subject to validation by the issuer. If the issuer of the card refuses to authorise payment, we will cancel your order and contact you for an alternative method of payment. Further, we cannot be held responsible if this should result in a delay in dispatching your order.
If your credit/debit card is not denominated in United Arab Emirates Dirhams, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
- Apple pay/Google Pay – We accept payments through Apple or Google API subject to their terms and conditions. All online transactions are completely protected and secured through SSL (Secure Socket Layer). All debit/ credit card payments are processed through a secure and trusted payment gateway. The whole transaction is fully encrypted for your security. Elan Cosmetics does not store any pertinent information on any servers after the order was placed.
- A notification email will be given, as soon as the order and/ or payment is confirmed. No one other than us is authorized to accept an order.
- The Products are usually dispatched within one (1) to two (2) working days of placement of order on the Website.
- Shipment for UAE: We endeavour to deliver your orders within one (1) – 4 (four) working days of placing the order.
- Shipment for other countries: We endeavour to deliver your order within two (2) to four (4) working days.
Customs, import duties, local delivery or storage charges in your destination country must be paid by the person receiving the order. We recommend contacting your local customs office to check the current import duties before ordering as they may come as a surprise to you.
- Products will be shipped using our reliable local couriers and may change depending on the area where the Product is to be shipped. However, Products cannot be delivered to just a P.O. Box and any order placed on the Website must be accompanied with complete address.
- Our courier partners will attempt to deliver the Products as per orders only two-three (2-3) times by contacting you on your phone number provided to us. If there is no contact with you for the order, the order will be returned back to us by our courier partners. After which you will be responsible to make contact with us in order to schedule re-delivery. The cost of re-delivery must be paid by the person receiving the order. In case of international delivery, you will be charged additionally a return shipping fee according to the rates of our courier partner.
- We do not accept any liability for any loss incurred by you due to late delivery, non-delivered or incorrectly delivered goods or damage during the delivery. We will assist you in claiming damages from the courier company for such damages.
- You can raise a claim in case the Product is severely damaged, lost or not shipped within seven (7) days of delivery date in writing by writing us at (firstname.lastname@example.org). For such claims, the liability is lies with the courier company. We will assist you in claiming damages from the courier company. We only offer returns and exchanges if you received a wrong order or a defected product.
- We try to meet all delivery times but sometimes there may be delays, for example, because of postal/carrier delays, logistics or bad weather. We will keep the Users updated as much as we can.
- In case of business entities instead of individual, they would also have an option to directly pick-up the orders placed with the Website, from the Website facility. For the direct pick-ups from the facility, the business entities would be informed about estimated date of pick-up with the order.
- Suspension and Termination
- We can, in our sole discretion, change, modify, suspend or discontinue, temporarily or permanently, the whole or any part of the Website at any time for any reason, including an Account being inactive for specific period and without advance notice. You are authorized to access the Website only to the extent you comply with the Legal Terms and we reserve our right to suspend or terminate any User’s Account, in our sole discretion, without notice and without liability, for:
- violation (which we will decide in our sole discretion) of applicable laws or the Legal Terms by you; or
- for any reasonable reason, and without advance notice.
- You have full discretion and authority to revoke, terminate or cancel your account at any time, by asking us to terminate the account via [email@example.com]. Once you terminate your account or it is terminated in our sole discretion, you will lose all information associated with your Account.
- We will not be responsible to any User or any third party for any damages that may result or arise out of such suspension or termination of an Account and/or access to the Website. Termination of the Account and/or access to the Website shall be without prejudice to any rights or obligations which arose prior to the date of termination. The right to immediate termination for good cause remains unaffected.
- Limitation of Liability and Indemnity
- While we provide rules for User conduct, we do not control or direct Users' actions on our Website and are not responsible for the Content Posted on the Website. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that may be encountered on the Website. We are not responsible for the conduct, whether online or offline, of any User.
- You expressly agree that, to the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of or your inability to use, the Website or any of the Content on the Website, or from errors, mistakes, or inaccuracies in the materials on the Website, even if we have been advised of the possibility of such damages.
- Your use of the Website is at your sole risk. The services are provided on an “as is” basis. We disclaim all warranties, conditions, or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability, of fitness for a particular purpose and any express or statutory warranties.
- The services on the Website may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer, mobile device or other electronic device). We shall not be responsible for any delays, delivery failures, damages, or losses resulting from such problems.
- We make no representation or guarantee as to the accuracy or authenticity of the information contained in any Third-Party Website, and your linking to any other websites is completely at your own risk.
- You agree to indemnify and hold us and our holding company, subsidiaries, affiliates, partners, officers, directors, agents and employees from any claim or demand, including administrative and legal fees), arising out of your use of or connection to the Website, from any breach by you of the Legal Terms, your improper use of our Website or your breach of any law/ rights of any third party.
- For the sake of clarity, indemnification obligation will survive termination, modification or expiration of the Legal Terms and your use of the Website.
- THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. WE AND OUR RESPECTIVE AGENTS/ EMPLOYEES DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE WEBSITE.
- INFORMATION ON THE PALTFORM IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW. WE, OUR RESPECTIVE AGENTS/ EMPLOYEES DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF (I) SUCH INFORMATION BEING CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, IN RESPECT OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT IS ASSUMED SOLELY BY YOU.
- YOU WILL USE THE SERVICES OFFERED BY US ON THE WEBSITE AT YOUR OWN RISK AND WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSSES THAT YOU MAY SUFFER AS A RESULT OF THE USE OF THE WEBSITE.
- WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO THE CONTENT AND/OR PRODUCT MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT UPLOADED BY USERS OR THE THIRD-PARTY CONTENT AND SERVICES.
- Privacy and Data Protection
We shall not share your confidential information/ data with any third party (other than our affiliates, including our courier service to contact for pickup/ delivery as well as financial information needed for payment gateway in order to process payments) unless you have provided your express consent. We maintain strict security standards and procedures with a view to preventing unauthorized access to your confidential information/ data by anyone, including our staff. The same shall solely be used as may be necessary for performing our obligations and in accordance with the Terms.
Our failure to exercise/ enforce any right or require performance of an obligation in the Terms shall not constitute a waiver of such right or provision. No waiver by either us or by you of any breach of any term or provision in the Legal Terms, express or implied, shall operate as a waiver of another breach of the same or of any term or provision of the Legal Terms, express or implied. Headings in the Legal Terms are for convenience only and have no legal effect
If any term or condition contained herein is or may become, under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, invalid, prohibited or unenforceable then such term or condition shall be ineffective to the extent of such illegality, being void, invalidity, prohibition or unenforceability. Further you and us agree that the court should endeavour to give effect to the intention as reflected in the provision. However, such invalidity or unenforceability shall not affect the other Legal Terms which shall remain in full force and effect. If any part of the Legal Terms is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the term in question shall apply with such modification as may be necessary to make it valid and enforceable.
- Entire Agreement
The Legal Terms represent the entire understanding, which are the complete and exclusive statement of the mutual understanding between you and us, concerning your use of the Website. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between us and you relating to the matters covered by the Legal Terms are hereby superseded. You agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by us or any other party unless it is expressly set out in the Legal Terms.
- Future Amendments
You agree that we have exclusive right to amend, without notice, the Legal Terms at any time by posting the relevant amended and restated Legal Terms on our Website. You should review the Legal Terms regularly to ensure that you are aware of any changes we make. Your continued use of the Website after the amended Legal Terms are posted on the Website constitutes your agreement to, and acceptance of, the amended Legal Terms. If a User does not agree with the changes, he remains free to not access, view, or otherwise use any of our services or register as a User.
- Right to refuse services
We reserve our right to refuse any and/or all our services to any User without giving any reason or explanation thereto, and cannot, under any circumstances, be held responsible for such refusal.
- Governing Law and Disputes
The Legal Terms shall be governed by and interpreted in accordance with the laws of the Emirates of Dubai and the federal laws of United Arab Emirates, as applicable therein. Any dispute arising out of or in connection with the Legal Terms, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of Dubai.
Any queries or comments about the Website or Terms should be directed via [firstname.lastname@example.org] to us.