Terms and Conditions
United States Terms and Conditions of Sale – Direct (Applies to all direct purchases-by internet, phone, or in our Stores)
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions apply to your purchase of products sold in the United States by ELIÀ BEAUTY, including its affiliates or subsidiaries. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement.
- Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and ELIÀ BEAUTY. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative.
- Privacy. We respect your privacy. Therefore, we never share or sell your personal information with any third parties. Any information collected through this site is intended to be used for this transaction only. Your personal information is secured via SSL (Secure Socket Layer) Technology.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within ELIÀ BEAUTY sole discretion, and unless otherwise agreed to by ELIA BEAUTY, payment must be received by ELIÀ BEAUTY prior to Elia Beauty’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by ELIÀ BEAUTY. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. ELIÀ BEAUTY may invoice parts of an order separately. Your order is subject to cancellation by ELIA BEAUTY, in ELIA BEAUTY’s sole discretion. Unless you and ELIÀ BEAUTY have agreed to a different discount, ELIA BEAUTY’s standard pricing policy for ELIÀ BEAUTY-branded systems. ELIÀ BEAUTY is not responsible for pricing, typographical, or other errors in any offer by ELIÀ BEAUTY and reserves the right to cancel any orders resulting from such errors.
- Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier”.
- You must notify ELIÀ BEAUTY within 2 days of receiving the product or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide ELIÀ BEAUTY with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
- Warranties. ELIÀ BEAUTY MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ELIÀ BEAUTY’S APPLICABLE WARRANTY IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. ELIÀ BEAUTYPRODUCTS WARRANTIES ARE EFFECTIVE ON PAYMENT IN FULL, AND ELIÀ BEAUTYIS NOT OBLIGATED TO HONOR ANY WARRANTY UNTIL ELIÀ BEAUTYRE CEIVES PAYMENT IN FULL.
- Return Policies. Exchanges. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by ELIÀ BEAUTY, ELIÀ BEAUTY is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At ELIÀ BEAUTY’s discretion, credit for partial or damaged returns may be less than invoice.
- You may return damaged or defective merchandise within 10 days of the original purchase date for a full refund minus shipping charges. We will also be glad to exchange the damaged merchandise for anything on our site of equal or lesser value. We will only issue a refund to the credit card used at the time of checkout. To initiate a refund or exchange please fill out the form on the Contact Us tab of this website.
- Limitation of Liability. ELIÀ BEAUTY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ELIÀ BEAUTY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT ELIÀ BEAUTY, IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
- Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND ELIÀ BEAUTY arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, ELIA BEAUTY’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAW.