Terms of Use and Conditions
These terms and conditions (the "Terms and Conditions") govern the use of www.elanbeautyco.com
(the "Site"). This Site is owned and operated by Elan Beauty Co. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and
agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT
IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT
CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Elan Beauty Co and the Site's
creators. This includes, but is not limited to images, text, logos, documents, downloadable files and
anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not
to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions,
we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to
take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account,
including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and
truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you
violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Lash extension accessories; and
- Training Classes.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access
it. This includes all products listed as being out of stock. All information, descriptions, or images that
we provide about our goods are as accurate as possible. However, we are not legally bound by such
information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You
agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel
your order and have already processed your payment, we will give you a refund equal to the amount
you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt
of any refund.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal; and
- Debit.
- Cash.
When you provide us with your payment information, you authorize our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you
authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to
cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following
methods:
- We ship our products with USPS. Due to COVID, package delivery may be between 8-10
business days.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected.
Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include
weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the
recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a
result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods
Refund requests must be made within 14 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Good is broken; or
- Good does not match description.
Refunds do not apply to the following goods:
- sale items;
- class tuition deposits or remaining payments (see Training Class T&C here); and
- products that have been opened, tampered with, or used in any way.
Returns
Returns can be made in person at the following location(s): 3340 Clays Mills Rd, STE 150, Lexington,
KY 40503.
Returns can be made by mail. To return a good by mail, follow the following procedure:
returns require the customer to pay return shipping costs and return items in bubble-wrap lined
packaging.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these
Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms
and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict
between these Terms and Conditions and that legislation, the mandatory provisions of the legislation
will apply.
Limitation of Liability
Elan Beauty Co and our directors, officers, agents, employees, subsidiaries, and affiliates will not be
liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your
use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Elan Beauty Co
and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims,
losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your
violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Commonwealth of Kentucky.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Elan Beauty Co are
unable to resolve any dispute through informal discussion, then you and Elan Beauty Co agree to
submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator
must be a neutral party acceptable to both you and Elan Beauty Co. The costs of any mediation will be
paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Elan Beauty Co agree that
you both retain the right to bring an action in small claims court and to bring an action for injunctive
relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these
Terms and Conditions. All other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with
the law and to reflect any changes to the way we operate our Site and the way we expect users to
behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a
notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(859) 537-3083
3340 Clays Mills Rd, STE 150, Lexington, KY 40503
Effective Date: 4th day of September, 2021