Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

1. DEFINITIONS

‘ACCOUNT‘: the Account created by the Customer when registering on the Site.

‘GTC‘: these general terms and conditions of sale.

‘GENERAL CONDITIONS OF USE‘: these are the general conditions of use of the Site found at the following link.

‘CUSTOMER‘: any natural and/or legal person who purchases Products through the Site.

‘CONSUMER CODE‘: Legislative Decree No. 206 of September 6, 2005, as amended and supplemented.

‘ORDER CONFIRMATION E-MAIL‘: has the meaning set forth in Article 5 of these GTC.

‘SHIPPING ADDRESS‘: the address indicated by the Customer on the Order for delivery of the Products.

‘ORDER‘: the purchase order relating to the Products placed by the Customer on the Site.

‘PARTY’ or ‘PARTIES‘: Elelu’ Beauty and/or the Customer.

‘PRIVACY POLICY‘: the document found at the following link.

‘PRODUCT‘: any product offered for sale by Elelu’ Beauty through the Site.

‘ELELU’ BEAUTY‘ or ‘SELLER‘: the company under Italian law Elu’ Beauty S.r.l., the company under Italian law with its registered office in Ancona, Piazza del Plebiscito 2, 60121, VAT number and tax code 02969890421, REA AN – 294494.

‘CUSTOMER SERVICE‘: the customer service of Elelu’ Beauty contactable at the contact details indicated in Article 3 below.

‘WEBSITE‘: the website: elelubeauty.com also in mobile version and its app (where available).

‘TERMS AND CONDITIONS‘: the Terms and Conditions, General Conditions Of Use, Privacy Policy and any other rules and/or documents on the Site.

‘TRANSPORTING COMPANIES‘: means the transport companies GLS, DHL.

‘TERRITORY‘: Italy (including the Republic of San Marino and the Vatican City State) and Europe (including the United Kingdom).

2. SUBJECT

The purpose of these GTCV is to inform each potential Customer of the terms and conditions under which Elelu’ Beauty carries out the sale and delivery of Products and to define the contractual rights and obligations of the Parties in relation to the sale of Products and provision of any services offered on the Site by Elelu’ Beauty. The GTC shall apply, without limitation or condition whatsoever, to all sales of Products and services offered by Elelu’ Beauty on the Site.

The submission by the Customer of an Order implies full and unconditional acceptance of these GTC and the Terms and Conditions of the Site.

Elelu’ Beauty reserves the right to modify the GTC at any time and even without notice. It remains the Customer’s responsibility to check the GTC periodically to see if any changes have occurred. It remains, in any case, understood that the GTC applicable to the Order are always those accepted by the Customer at the time the Order is sent.

The GTC are an integral part of the Terms and Conditions of the Site.

The Customer may not purchase the Products if he/she is a minor or, for whatever reason, lacks the capacity to act. The Customer, by placing the Order, automatically declares that he/she has full capacity to act and enter into a contract to purchase the Products and/or services on the Site under these GTC. It is expressly understood that Elelu’ Beauty shall under no circumstances be required to verify the capacity to act of visitors to the Site and Customers. If a person lacking the necessary capacity to act (e.g. a minor) places an Order on the Site, without prejudice to the responsibility of his or her parents or legal guardians for such Order and the related payment, Elelu’ Beauty may refuse to accept and/or follow up the Order.

Customer represents and warrants that the purchase of Products on the Site is not made during its professional activity and is intended for strictly personal use.

These GTC must be carefully reviewed by the Customer prior to completing the process of purchasing Products and/or services through the Site. These GTC may be printed and retained by any person who has visited the Site.

3. SELLER INFORMATION

Company name: Elu’ Beauty S.r.l.

Registered office: Piazza del Plebiscito 2

ZIP CODE: 60121

City: Ancona (AN)

Country: Italy

P.IVA/C.F.: 02969890421

Business Register No.: REA AN – 294494.

Pec: elubeauty@pec.it

E-mail: info@elelubeauty.com

4. CHARACTERISTICS OF THE PRODUCTS

The Customer may select one or more Products from the different categories available on the Site.

Elelu’ Beauty may change at any time the assortment of Products offered for sale on the Elelu’ Beauty of the Order sent by the Customer, will not have an impact on the Products contained in the Order, except as provided in Article 5 below in relation to the availability of the Product.

Before sending the Order, the Customer may view on the Site all the information referred to in Article 49 of the Consumer Code such as, but not limited to, information relating to the Seller, the price, including taxes and shipping costs, the essential characteristics of the Products or services he/she wishes to purchase and together with all other mandatory information required by Italian law.

The Products comply with the applicable legislation in Italy in force at the time of the Order. The Products purchased by the Customer may only be delivered within the Territory. Elelu’ Beauty shall not be held responsible for the non-compliance of the Products with the legislation of the different Country in which the Customer wishes to use the Products.

For any matter concerning the Products and their use, for any further questions or requests for clarification, the Customer may contact Customer Service:

– via e-mail at the following address: info@elelubeauty.com.

5. AVAILABILITY OF PRODUCTS

Offers presented by Elelu’ Beauty are valid for as long as they are posted on the Site and within the limits of available stocks. For Products not immediately available in the warehouses of Elelu’ Beauty, the offers posted on the Site will be valid subject to availability. Information on the availability of the Products will be provided to the Customer upon sending an e-mail confirming receipt of the Order (hereinafter, the “Order Confirmation E-mail”).

Even after the Order Confirmation E-mail is sent, there may be instances of partial or total unavailability of the Products. In this eventuality, the Customer will be promptly informed by e-mail and/or telephone and may decide:

– whether to accept delivery of only the Products available, obtaining a refund for those that are unavailable, or

– whether to request the cancellation of the Order, with the consequent refund of any amounts already paid, communicating it by e-mail to the following address: info@elelubeauty.com.

6. ORDERING PRODUCTS

Each Order sent by the Customer implies, in addition to the acceptance of these GTCs, also the acceptance of the Privacy Policy and, in general, the Terms and Conditions and constitutes an offer to purchase the Products indicated in the Order.

All Orders are subject to acceptance by Elelu’ Beauty, which reserves the right, at its sole discretion, to reject the Order without obligation to state reasons, including in cases where:

– the Orders cannot be executed due to an error in the information and data provided by the Customer at the time of placing the Order (including but not limited to: the payment card number, expiration date, or security code number of the card used for payment is incorrect); incorrect billing address (for example, if the billing address provided does not match the information held by the bank that issued the payment card); insufficient or incorrect shipping address (for example, incorrect address, city, country, or zip code); or in the event misleading information is provided by the Customer;

– an error has occurred on the Site regarding the Products ordered (without limitation, an error regarding the price or description of the Products as shown on the Site);

– the Products ordered are no longer available on the Site and/or in stock.

Elelu’ Beauty also reserves the right to suspend or cancel the fulfillment of an Order and/or delivery, regardless of the nature and progress of the fulfillment, in case of non-payment or partial payment of any amount due by the Customer, in case of problems with payment, or in case of fraud or attempted fraud related to the use of the Site, including with reference to previous Orders.

In case of rejection of the Order, Elelu’ Beauty will notify the Customer, within 30 (thirty) working days from the submission of the Order, that the Order cannot be accepted. The Customer will be able to check the details of its Order and correct any errors before confirming/sending the Order.

Once the Customer has confirmed the Order, the Customer declares that he/she has knowingly accepted the contents and conditions of the Order in question and, in particular, these GTC and the Terms and Conditions, prices, volumes, characteristics, quantities and delivery times of the Products offered for sale and ordered by the Customer.

After placing an Order, the Customer may not cancel its Order, however, it is recommended to contact Customer Service for possible resolution of issues related to the Order. However, the Customer has the option to take advantage of the right of withdrawal, as provided in Article 12 below.

The sale will be final only upon acceptance of the Order by Elelu’ Beauty, by sending the Order Confirmation E-mail to the Customer.

A second e-mail will be sent to the Customer upon shipment of the Products covered by the Order.

Elelu’ Beauty shall be entitled to collect the full price of the Order from the moment the Order Confirmation E-mail is sent.

Elelu’ Beauty recommends the Customer to keep the e-mails received from Elelu’ Beauty in paper or electronic form. The Customer, with the fulfillment of the Order agrees that these e-mails will be sent to the e-mail address entered by the Customer when registering his Account. Elelu’ Beauty will not be responsible in case of invalid e-mail address entered and/or non-receipt of the Order Confirmation E-mail for reasons not directly attributable to Elelu’ Beauty. In this case, the sale will be considered as final. However, the Customer may exercise the right of withdrawal under the conditions set out in Article 12 of these GTC.

7. PRICES OF PRODUCTS

The prices of the Products offered for sale on the Site are indicated in Euros and are the prices in effect at the time the Order is placed by the Customer. Elelu’ Beauty may change the sale prices of the Products at any time and without notice. Such change will be notified to the Customer prior to the placing of any Order.

The prices of the Products are inclusive of VAT applicable at the time the Order is placed. Any change on the applicable VAT rate will automatically be reflected in the price of the Products sold by Elelu’ Beauty through the Site.

The prices of the Products do not include shipping costs, which as they cannot be calculated in advance will be determined and invoiced to the Customer in addition to the price of the Products. Shipping costs are described below in these GTC and may be changed at any time by Elelu’ Beauty but changes will not be applied to Orders already submitted and accepted by Elelu’ Beauty. Elelu’ Beauty invites the Customer to regularly consult the GTC.

The costs and times related to the different modes of delivery can be consulted at the following link.

8. PAYMENT

The Customer warrants to Elelu’ Beauty that it has the necessary authorizations to use the payment method chosen for its Order at the time the Order is placed. All Orders are payable in Euros, including taxes and mandatory contributions. Any bank charges will be the sole responsibility of the Customer, even in the event of a refund.

In case of non-payment or delayed payment of the Order by the Customer, Elelu’ Beauty reserves the right to apply default interest in an amount equal to the legal interest rate from the tenth working day following the date of the Order or from the notification of the rejection of the bank payment.

Methods of payment are as follows:

– CREDIT CARDS: The credit cards accepted on the Site are as follows: Visa, Visa Electron, MasterCard. These payment cards must be issued by a bank or financial institution based in Italy and/or other states of the European Union. Credit card payments are handled by Shopify Payment;

 – PAYPAL/AMAZON PAY/SCALAPAY: If Customer has a PayPal/Amazon Pay/Scalapay account, Customer may choose this payment method. If so, the Customer will be redirected to the PayPal/Amazon Pay/Scalapay site to proceed with payment;

– ONLINE VOUCHERS;

– GIFT/GIFT CARDS.

Elelu’ Beauty reserves, in any case, the right to suspend or cancel, at its own discretion and at any time, the execution of an Order and/or the shipment of the Products ordered in case of non-payment or partial payment of any amount charged to the Customer, in case of late payment or in case of fraud or attempted fraud through the use of the Elelu’ Beauty Site, including in relation to previous Orders.

In order to ensure the security of payments made by credit card, the Customer shall transmit to Elelu’ Beauty the security code (CVV) indicated on the credit card used by the Customer.

Elelu’ Beauty also reserves the right to request a photocopy of the Customer’s identity card for each payment made by credit card, as well as any other information relating to the Customer’s identity necessary for the identification of the same in order to ensure the security and correctness of transactions made through the Site.

As part of the fight against Internet fraud, information regarding the Customer’s Order may be transmitted to third parties authorized by law or designated by Elelu’ Beauty to verify the Customer’s identity, the validity of the Order, the payment method used and the place of delivery.

9. RECEIPTS AND INVOICES

Purchase receipts will be sent by e-mail to the e-mail address provided by the Customer when registering the Account on the Site.

The Customer may request, in addition to the purchase receipt, the sending of an invoice/receipt. To this end, he/she must send a special request to Customer Service by e-mail (to the following address: info@elelubeauty.com) no later than 2 working days after receiving the Order Confirmation E-mail, providing the following data:

– Full Name;

– Billing address, including zip code;

– Tax code and VAT number

10. DELIVERY OF PRODUCTS

The Products ordered by the Customer under these GTC shall be delivered to the address indicated by the Customer as the Shipping Address within the Order.

Elelu’ Beauty ships exclusively within the Territory, using:

– GLS for Italy (including the Republic of San Marino and the Vatican City State);

– DHL for deliveries outside the Italian territory but still within Europe (including the United Kingdom).

A manager of the selected Transport Company will make the delivery to the Customer or to the recipient of the Order.

Deliveries are made on working days (Monday to Friday).

No dispute can be raised regarding the shipment itself in case the package appears to have been delivered. For this purpose, the carrier’s computer system shall be authentic.

No responsibility can be attributed to Elelu’ Beauty in case of delay in the fulfillment of the Order or in the delivery of the Products.

Shipping times for the Products are generally between:

– 2-3 business days for shipments within Italy (including the Republic of San Marino and the Vatican City State);

– 2-5 business days for shipments outside the Italian territory but still in Europe (including the United Kingdom).

The delivery time starts from the moment the e-mail confirming the shipment of the Products is sent to the Customer.

Once prepared and shipped, the Order will be assigned a package tracking code that will allow the Customer to keep updated on the status of shipment and delivery of the Products.

Import taxes and duties will be the responsibility of the Customer and Elelu’ Beauty advises the Customer to check the import charges applicable in any country before ordering Products for delivery to such countries.

For more details, please visit the “Shipping and Returns” section of the Site.

No deadline for delivery shall be binding on Elelu’ Beauty or the Transport Companies, with the result that the latter shall in no event be liable for any damages derived by the Customer and/or the recipient of the Products from the delay in delivery.

11. DEFECTS, NON-CONFORMITIES AND DAMAGES TO THE PRODUCTS

11.1 Defects and damages of the outer packaging at the time of delivery

At the time of delivery of the Products by the courier, the Customer is required to check that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials (adhesive tape or strapping). Any damage must be, under penalty of forfeiture:

– Immediately contested to the courier making the delivery. Once signed the courier’s document without reservation, the Customer may not object to any dispute about the external characteristics of what has been delivered; and, furthermore

– communicated no later than the next 2 (two) days, via e-mail to Customer Service at the following address: info@elelubeauty.com.

11.2 Defects, non-conformities and damages of the Products

In the event of a lack of conformity of a Product pursuant to Article 129 of the Consumer Code, the legal warranty set forth in Articles 130 and 132 of the Consumer Code will apply. The Customer has the right to restore, without charge, the conformity of the good by repair or replacement. In the event that these remedies fail, the Customer shall be entitled to an appropriate price reduction or termination of the contract. The Customer forfeits these rights if he does not report the lack of conformity to Elelu’ Beauty within two months from the date on which he discovered the defect. Elelu’ Beauty is liable when the lack of conformity becomes apparent within the term of two years from the delivery of the Product. The action aimed at asserting defects not maliciously concealed by Elelu’ Beauty is prescribed, in any case, within the term of twenty-six months from the delivery of the Product.

The Order Customer may contact Customer Service to find out how to return the damaged, non-conforming and/or defective Product(s). The Customer must follow the procedure for the return of damaged, non-conforming and/or defective Product(s) that will be indicated by Customer Service. Otherwise, the Customer may not claim any refund or replacement of the Products in question. The Product even if defective, to be subject to replacement must, in addition, at the time of return to Elelu’ Beauty, be complete with packaging and all accessories and documentation received by the Customer at the time of delivery. The reshipment of the Product without the original packaging, accessories and documentation mentioned above prevents Elelu’ Beauty from replacing the Product itself at the manufacturer and makes it impossible to replace it.

11.3 Return of Products

In the event of a dispute under paragraphs 11.1 and 11.2 above, Customer Service may carry out any verification deemed useful for the purpose of processing the case.

Upon receipt of the Products returned by the Customer, Elelu’ Beauty will verify the merits of the Customer’s dispute. Where such verification is positive, in accordance with the provisions of Articles 130 et seq. of the Consumer Code, Elelu’ Beauty will replace the defective, damaged or non-conforming Product and send it to the Customer as soon as possible and in any event within 30 (thirty) working days of receipt of the Products. The shipping costs will be entirely borne by Elelu’ Beauty. In the event that Elelu’ Beauty is unable to proceed with the replacement of the Products within the aforementioned term, Elelu’ Beauty will immediately notify the Customer at the email address provided at the time of registration of the Account and will propose the following alternatives to the Customer:

– reimbursement to the Customer of the cost of such Products and shipping costs (in the event that the Customer provides proof of the cost incurred to return the Products); if the Customer decides to adhere to this alternative, the reimbursement of the price will be made by Elelu’ Beauty by re-crediting the relevant amount through the payment method used for payment, as soon as possible, and in any case within 30 (thirty) working days from the date on which it receives the Products;

In the event that, after examining the returned Products, Elelu’ Beauty deems that the claims are unfounded, the Customer shall not be entitled to a refund and the Products shall be returned to him/her at the Customer’s expense.

12. WITHDRAWAL

12.1 Right and Terms for the Exercise of Withdrawal.

In accordance with the provisions of Article 52 of the Consumer Code and subject to the exclusions referred to in Article 59 of the same Consumer Code (in particular the case of the purchase of clearly customized goods or the provision of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery) the Customer may, within the term of 14 (fourteen) days from the acquisition of physical possession of the package containing the ordered Products or, in the case of the purchase of multiple goods ordered by the Customer in a single Order and delivered separately, from the acquisition of physical possession of the last purchased Product, withdraw from the purchase contract without penalty and without any reason.

In the case of the purchase of a service, the right of withdrawal may be exercised by the Customer, within the period of 14 (fourteen) days from the date of receipt of the Order Confirmation Email, provided that the provision of such service has not yet been completed. The Gift Card shall be construed as a service within the meaning of this clause.

To comply with the withdrawal period, it is sufficient for the Customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.

12.2 Methods of Exercising the Right of Withdrawal.

To exercise the right of withdrawal, the Customer is required to inform Elelu’ Beauty by registered mail with return receipt sent to the address: Piazza del Plebiscito,2, 60121, Ancona (AN), or by e-mail to info@elelubeauty.com, of his decision to withdraw from the contract. For this purpose, it may use the standard withdrawal form provided in Annex I Part B of the Consumer Code, with the following content:

– Recipient:

Returns at Elu’ Beauty S.r.l., Piazza del Plebiscito, 2, 60121 Ancona (AN), e-mail info@elelubeauty.com:

I, the undersigned __________ hereby give notice of withdrawal from the purchase contract for the following goods: [insert a description of products purchased], ordered on _________ (or received on __________)

– Customer’s First Name, Last Name, Address

– Customer’s Signature (only if the form is notified in paper version)

– Date

12.3 Consequences of exercising the right of withdrawal

Once the right of withdrawal has been exercised in accordance with this article, within the terms and in the manner described below for the return of the Products, the Customer may obtain at its option:

– a refund of the amount paid for the returned Products, by re-crediting the relevant amount through the payment method used.

12.4 Return costs and methods of returning the Products.

In accordance with the provisions of Article 57, paragraph 1, of the Italian Consumer Code, the costs of return shall be borne exclusively by the Customer.

In case of exercise of the right of withdrawal, the Customer shall return the goods to Elelu’ Beauty, without undue delay and in any case within 14 (fourteen days) from the date on which he communicated to Elelu’ Beauty his decision to withdraw from the contract. The direct cost of returning the Products remains the responsibility of the Customer.

The Customer shall be responsible for any decrease in the value of the Products resulting from handling the Products other than what is necessary to establish the nature, characteristics and functioning of the goods.

If the right of withdrawal is exercised, Elelu’ Beauty will not be responsible for transportation costs for the return or any loss or damage to the Products attributable to third parties.

The Products must be returned to Elelu’ Beauty in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, by mail to the following address:

Returns at:

Elu’ Beauty S.r.l.

61121 – viale Trento,232 Pesaro (PU)

Italy

Elelu’ Beauty accepts only properly addressed parcels or registered mail.

Any risk associated with the return of the Products shall be borne exclusively by the Customer and/or the recipient of the Order itself, unless the Customer / recipient of the Order proves that he/she has deposited the Products to be returned with a carrier.

12.5 Exclusion of the right of withdrawal

Without prejudice to the impossibility of exercising the right of withdrawal in the cases provided for in Article 59 of the Consumer Code (including the case of purchase of sealed goods that are not suitable to be returned for hygienic reasons, such as cosmetics, if they have been opened after delivery), the Customer, pursuant to Art. 57 paragraph 2 of the Consumer Code, is still responsible – in all other cases – for the decrease in the value of the Product and/or its packaging, resulting from handling the Product and/or its packaging other than what is necessary to establish the nature, characteristics and functioning of the goods.

If the exclusions provided for in Article 59 of the Consumer Code should occur or otherwise the decrease in the value of the product, as a result of manipulation is total and therefore the product can no longer be put on sale, the withdrawal can not be validly exercised and, where the Customer has nevertheless provided for the return, will not be entitled to obtain a refund from Elelu ‘Beauty of the price paid for the purchase of the Products. The sale will then be considered finalized in a definitive manner and Elelu ‘Beauty will proceed with the return of the Products to the Customer.

To this end, Elelu ‘Beauty will send a notice to the Customer having as its object the request to indicate an address to which to return the Products. The Customer must indicate the address to which to receive the Products for which the return has been refused within 90 (ninety) days of receipt of the communication from Elelu’ Beauty.

Once the aforementioned 90 (ninety) days have elapsed without Elelu’ Beauty receiving an acknowledgement, the Customer shall no longer be entitled to the return of the Products and Elelu’ Beauty shall be entitled to proceed with the disposal of the Products.

Any costs for the return of the Products by Elelu’ Beauty to the Customer shall be borne by the latter.

13. DURATION

These TOS, as amended from time to time, will apply for as long as the Products are offered for sale on the Site and until the terms of the warranties expire.

In any event, Section 14 (Liability) will survive the termination of these GTC.

14. LIABILITY

Elelu’ Beauty does not assume any liability for inefficiencies attributable to the courier, to the fact of a third party, to the fault of the Customer or attributable to force majeure or fortuitous event, even where dependent on malfunctions and inefficiencies of the Internet network, in the event that it fails to execute the Order in the timeframe provided by these GTC.

Elelu’ Beauty shall also not be liable in respect of damages, losses and costs suffered by the Customer as a result of the non-execution of the Order for causes not attributable to the same, and unless they are dependent on the fact or omission of Elelu’ Beauty, having, in the latter case, the Customer shall only be entitled to a full refund of the price paid and any ancillary charges incurred.

Elelu’ Beauty cannot be held responsible for the information, data and any technical or other inaccuracies that may be contained in the Site, if they have been communicated by third parties and have been verified by Elelu’ Beauty according to the criteria of ordinary diligence. In particular, the information and content available on the Site are provided “ AS IS ‘ (as is) and Elelu’ Beauty makes no warranty of any kind, whether express or implied, in relation to the integrity, accuracy, timeliness, non-infringement of third party rights, availability, reliability or completeness of the information and content, including without limitation, information about the Products, accessories or services appearing on the Site and/or their suitability for a specific use. Elelu’ Beauty shall not be liable in any way for the misuse of the Products and/or services by the Customer and/or recipient of the Order, and in particular for the case of non-compliance with the instructions for the use of the Products. Elelu’ Beauty shall in no way be liable for any damages, caused to the Customer or third parties, resulting from said non-compliant use.

Elelu’ Beauty assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, when paying for the Products purchased, if it proves that it has taken all possible precautions according to the best technology and experience of the moment and according to ordinary diligence.

Elelu’ Beauty disclaims all liability for direct and indirect damages, whether foreseeable or not, consequential and/or related to the use of the Site by the Customer. Should Elelu’ Beauty be held liable for an injury suffered by Customer and attributable solely to the transmission of an Order, such liability shall be limited to the amount of the Order actually paid by Customer to Elelu’ Beauty.

Nothing in these GCV shall exclude or limit Elelu’ Beauty’s liability to the Customer and/or recipient of the Order for fraud, death or personal injury caused by Elelu’ Beauty’s negligence, violation of the applicable provisions of the Italian Consumer Code or any other liability that cannot be excluded or limited by law. Any claim submitted by users of the Site, including all Customers, against Elelu’ Beauty must be submitted, under penalty of forfeiture, within the 6 (six) months following the occurrence of the event that is the subject of the claim.

The use of the Customer’s username and/or registration/access password shall constitute proof of the Customer’s identity for the purpose of exercising Elelu’ Beauty’s right, after sending the Order Confirmation Email, to claim the relevant amounts. The provision of the credit card number and the final validation of the Order constitute proof of acceptance of the Order and make the amounts indicated for the purchase of the Products indicated in the Order payable. The computer records of Elelu’ Beauty and Elelu’ Beauty’s partners shall constitute proof of communications, Orders and payments between the Parties.

Elelu’ Beauty and/or its business partners shall in no way be responsible for the misuse and/or disclosure to third parties of Customer’s registration/access information.

The Customer, prior to application, must ensure that he/she is not allergic to any of the ingredients in the Products. Elelu’ Beauty will not be responsible for any reactions to the ingredients of the Products sold.

15. IMAGES

Elelu’ Beauty strives to ensure that the colors of the images displayed on the screen by the Customer are as close as possible to the actual colors of the Product. In any event, Elelu’ Beauty can in no event guarantee an exact and precise color match as the colors of images and photographs may vary due to multiple factors, including screen and resolution settings.

16. CUSTOMER’S OBLIGATIONS

The Customer agrees to pay the price of the purchased Product(s) in the time and manner set forth in these GTC.

The Customer agrees, upon completion of the online purchase process, to arrange for the printing and storage of these GTC.

The Customer is solely responsible for the accuracy of the data entered in the registration procedure and undertakes not to enter false and/or invented and/or fictitious data. The Customer shall hold Elelu’ Beauty harmless from any liability arising from the issuance of incorrect tax documents due to inaccurate data provided by the same.

The protection of the personal information of its Customers and the provision of a high level of security are priorities for Elelu’ Beauty but the Customer is also required to protect its personal data. In particular, the Customer must maintain the security of its online transactions, for example by refraining from communicating its username (Customer’s e-mail address) and/or password to others and changing said password regularly.

17. MEDICAL CARE AND TREATMENT

No Product is to be used as a substitute for medical care or clinical treatment.

Information posted on the Site shall not be construed as cures or treatments for dermatological problems and in no way should be considered as such.

Suggestions on the Site or provided by Customer Service for informational and/or illustrative purposes may never be considered as a substitute for medical advice.

18. RETENTION OF TITLE

Ownership of the Products ordered shall remain with Elelu’ Beauty until such time as the full consideration for the Order, including shipping charges, taxes and other mandatory contributions (where applicable) are paid in full by the Customer.

19. INTELLECTUAL PROPERTY

The Elelu’ Beauty trademark, all figurative and non-figurative trademarks on the Products, the Site, the images, illustrations and logos and any content on the Site (including, without limitation, the Terms and Conditions and these Terms and Conditions) are the exclusive property of Elelu’ Beauty and/or the respective owners of the intellectual property rights over them.

Reproduction in whole or in part, modification or use of such trademarks, illustrations, images and logos, or any other content on the Site, for any reason and by any means, without the express written permission of Elelu’ Beauty and/or the respective owners of the intellectual property rights over the same is strictly prohibited.

20. PERSONAL DATA.

Elelu’ Beauty collects and processes the personal data of the Customer and, where applicable, those of the recipient of the Order in order to provide its Products and services in accordance with these GTC. For information regarding the processing of the Customer’s and, if applicable, the Order recipient’s personal data, please refer to the Privacy Policy of the Site, available at the following link.

21. GENERAL CLAUSES

21.1 Partial Invalidity.

In the event that one or more provisions of these GTC is declared invalid or ineffective due to a legislative change or as a result of a ruling by a competent judicial authority, the other provisions of these GTC shall remain in full force and effect.

21.2 Waiver

The circumstance that one of the Parties does not assert against the other a breach of any of the obligations contained in these GTC shall not be construed as a waiver to obtain performance of the obligation in question in the future.

21.3 Applicable Law and Jurisdiction

These TOS and all sales of Products and services on the Site are governed by Italian law. Any dispute relating to the validity, interpretation, performance or termination of these GTC shall be devolved, in the absence of a settlement, to the jurisdiction of the Italian Courts having jurisdiction based on the Customer’s place of residence or domicile.

The Customer also has the option to resolve any disputes relating to purchases of the Products, without recourse to the Courts, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.

GENERAL CONDITIONS OF USE

1. INFORMATION ABOUT THE OWNER OF THE SITE

This site elelubeauty.com , its subdomains, including its mobile version and its application, where available (hereinafter collectively, the “Site”) are owned and operated by Elu’ Beauty S.r.l, a company governed by Italian law with fully paid-up capital of Euro 10,000.00 (ten thousand.00), registered with the Companies’ Register of Marche under REA number AN – 294494, VAT number and tax code 02969890421, with registered office in Ancona, Piazza del Plebiscito 2, Cap: 60121, E-mail: info@elelubeauty.com (hereinafter “Elelu’ Beauty”)

2. FOREWORD

The Site is an e-commerce platform aimed at the online purchase of cosmetics products and any ancillary services offered by Elelu’ Beauty to any user of the Site (hereinafter “User”).

Access to and use of the Website by any User, regardless of the purposes of his or her visit, whether for consultation or purchase only, are governed by these General Terms of Use (hereinafter, also referred to as the “GTU”).

By accessing and using the Site, the User agrees to be bound by these General Terms of Use. In the event that the User does not intend to accept the TOU, the User shall not use the Site.

In case of purchase of products and / or services on the Site will find, in addition, the General Conditions of Sale (available at the following link.

Elelu’ Beauty reserves the right to suspend or terminate a User’s access to the Site at any time, without prior notice, if Elelu’ Beauty (a) has reasonable grounds to believe that these GTU and/or General Terms and Conditions of Sale and/or any other rule present on the Site are violated or (b) deems it necessary to do so for security reasons.

3. CHANGES TO CGU’S

Elelu’ Beauty may periodically make changes to the TOU.

The User acknowledges and agrees that, in the event of use of the Site after the date on which the TOU were modified, such use will be considered as an implicit acceptance of the modified TOU.

It is the User’s responsibility to periodically check the TOU for changes.

4. PERSONAL DATA

For information regarding the processing of the User’s personal data by Elelu’ Beauty when visiting and interacting with the Site please refer to the Site’s Privacy Policy.

5. ACCOUNT 

The User may choose to register his/her data through the Site and create a personal account (hereinafter, the “Account”). If you do not have an Account, you may only access or use some of the services or options offered on the Site.

To create an Account you must provide:

(a) First and last name;

(b) Residential address;

(c) Email address;

(d) Password required to access the Account.

This information will be processed in accordance with the Privacy Policy (available at the link).

Responsibility for maintaining the confidentiality of login information and controlling access to your personal Account is solely and entirely the responsibility of the User. You shall be solely and exclusively responsible for all activities conducted through your Account (including, without limitation, any purchase of products made through your Account and/or any comments and/or reviews posted on the Site).

You must notify Elelu’ Beauty immediately of any breach of security or unauthorized use of credentials relating to your Account of which you become aware.

Elelu’ Beauty reserves the right to terminate and close a User’s Account, at any time and without prior notice in the event that Elelu’ Beauty (a) believes, in its sole discretion, that the User is using its Account in violation of these TOU and/or the General Terms and Conditions of Sale and/or any other rules set forth in the Site, (b) has reason to believe that a third party is using another User’s Account without the User’s consent, or (c) for security reasons or for reasons of Site maintenance.

6. INTELLECTUAL PROPERTY

6.1. Site and Protected Material.

You acknowledge and agree that the Site contains information that is confidential and protected by intellectual property laws. All intellectual property rights in the Site, including without limitation software or HTML code, newsletters, text, databases, drawings, photographs, images, designs, video and/or audio material and any other material contained in the Site (hereinafter, the “Protected Material”), are the exclusive property of Elelu’ Beauty and/or its licensors. All Protected Material is made available to the User by Elelu’ Beauty and/or its licensors, solely for personal, non-commercial use. By way of example and not limitation, the User shall not:

(a) copy, reproduce, publish, transmit, distribute, perform, display, communicate, modify, create derivative works from, reverse engineer, sell, license, or otherwise exploit the Site, or any part of the Protected Material, including but not limited to including or creating a link to the Site or any part of the Protected Material, without Elelu’ Beauty’s prior written permission;

1. b) access or use the Site or any part of the Protected Material for commercial purposes or for any other purpose that competes with Elelu’ Beauty and/or its licensors.

6.2 Trademarks

The User acknowledges and agrees that Elelu’ Beauty and/or the other companies in the group to which Elelu’ Beauty belongs, and/or its licensors are the exclusive owners of the Elelu’ Beauty trademark and logos, as well as any other trademarks and/or logos appearing on the Site (hereinafter, the “Marks”). Any use of the Marks by the User is strictly prohibited and constitutes a violation of the intellectual property rights of Elelu’ Beauty, the group companies to which Elelu’ Beauty belongs and/or its licensors. Elelu’ Beauty reserves the right to act to obtain damages in the event of infringement of the Marks and/or in any case of violation of its intellectual property rights.

6.3. Hyperlinks

The Site may from time to time contain hyperlinks to other sites, web pages or content of third parties. Elelu’ Beauty does not control such third party sites, web pages and content and, therefore, shall not, under any circumstances, be held liable for the accuracy, correctness, security or reliability of any third party site, web page or content, nor shall it be liable in any way for the content, advertising, products, services or any other information or data on or derived from such third party sites or web pages. Elelu’ Beauty shall not, moreover, be liable for any damage or loss suffered by you as a result of your access to, use of, or reliance on any such third-party site, web page, or content.

The creation of links to the Site of Elelu’ Beauty the framing of the Site and more generally any use of the Protected Material of the Site or any part thereof, are subject to the prior and express written authorization of Elelu’ Beauty, which may be revoked at any time at its sole discretion. Elelu’ Beauty reserves the right to:

(a) request the removal of any link to the Site that has not been, or is no longer, authorized;

(b) seek compensation for damages suffered by reason of the unauthorized link.

7. SOCIAL MEDIA

The User may have, where permitted by the features available from time to time on the Site, the opportunity to share on social networks (such as, by way of example Facebook, Twitter, Pinterest, etc.) some information (product features, images, news) present on the Site. Such publication will be accompanied by a message prepared by Elelu’ Beauty that can be customized by the User. For example, by clicking the “Like” or “Share on Facebook” icon, the content will be uploaded to Facebook. Content shared on social networks will be subject to the terms and conditions of use of each of the social networks, which, therefore, must be consulted in advance by the User. The User is solely responsible for the publication on social networks of the content coming from the Site Elelu’ Beauty can in no case be held responsible for the use of the same once the content has been published on social networks. The User agrees to indemnify and hold harmless Elelu’ Beauty from any harmful consequences arising from the publication by the User on social networks of any content from the Site and/or its combination with any other content.

In the event that a User finds a product on the Site interesting and wants to share its characteristics with a third party of his or her acquaintance (e.g., a friend, a family member), he or she may click on the envelope icon, where available on the Site, and enter the name and e-mail address of that party. In that case, an e-mail will automatically be sent to the recipient selected by the User containing product information. The e-mail is sent under the full and sole responsibility of the User, although sent through Elelu’ Beauty’s systems. No information regarding such sending will be retained by Elelu’ Beauty. Such data is processed only for the purpose of technically ensuring the transmission of the User’s e-mail. Such communication constitutes private correspondence and no further use regarding such content, such as for commercial or advertising purposes, is permitted.

8. USER COMMENTS

In certain sections of the Site, a User who has registered an Account may be permitted to post comments and reviews referring to certain products and/or services offered on the Site (hereinafter “Comments”).

The User agrees to assume all responsibility in relation to the Comments posted and, consequently, to indemnify and hold harmless Elelu’ Beauty from any third party claims.

The User acknowledges and accepts that Elelu’ Beauty may refuse and/or remove, at its sole discretion, the publication of Comments considered obscene and/or defamatory and/or not in line with its ethical principles.

9. GENERAL LIMITATIONS ON THE USE OF THE SITE AND USER BEHAVIOR

The User is required to use the Internet in a responsible manner and with respect for the rights of other users of the Site and, in general, other users of the Internet.

In particular, the User, by accessing the Site, shall refrain from:

(a) uploading to the Site, publishing, emailing, or transmitting by any other means content that is unlawful, harmful, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, injurious to another’s privacy, objectionable, offensive, or racially, ethnically, or otherwise objectionable;

1. b) upload to the Site, post, email or transmit by any other means unsolicited or unauthorized advertising or promotional materials, false information, chain emails and/or letters, or any other form of unauthorized commercial solicitation;
2. c) upload to the Site, post, email or transmit by any other means materials containing viruses or other code, files or programs created to destroy, damage, disrupt or limit the operation of any software and/or hardware or any electronic telecommunications networks;
3. d) interfere with, or disrupt the operation of, the Site or the servers or networks connected to the Site, or violate the requirements, procedures, rules or regulations of the networks connected to the Site;
4. e) damage or attempt to damage the enjoyment of the Site by any User, host, or network, including without limitation by introducing viruses into the Site, willfully overloading or saturating the server and/or e-mail boxes, or, again, falsifying TCP/IP protocol information or any other information forming part of the headers included in any e-mail message;

(f) make or attempt to make changes or alterations to any part of the Site;

1. g) access data not intended for the User or log into a server/account that the User is not authorized to access;
2. h) attempt to ascertain or test the vulnerability of a system or network or, again, attempt to breach security or authentication measures without having received authorization;

(i) usurp another person’s identity;

(j) engage in an activity or induce another person to engage in an unlawful activity or any other activity that may violate the rights of Elelu’ Beauty, its suppliers, partners, distributors or advertisers or any other User;

(k) circumvent or attempt to circumvent, disable or otherwise interfere with any security-related elements of the Site or elements that (i) prohibit or restrict the use or copying of any Protected Material or content and/or (ii) reinforce limitations on the use of the Site or content accessible on the Site;

(l) transmit or transfer (by any means) information or software derived from the Site to foreign countries and/or to foreign nationals in violation of any national or international law or regulation.

The User agrees to comply with all national and international rules and procedures regarding conduct to be maintained online and permissible content, including all applicable laws regarding the transmission of technical data.

At any time and for any reason whatsoever, Elelu’ Beauty may, at its discretion, implement any system that allows it to interrupt and terminate, without prior notice, the User’s use of the Site or any service offered on the Site, in the event that the User has engaged in or Elelu’ Beauty has the fear that it may engage in conduct in violation of these TOU and/or the General Terms and Conditions of Sale and/or any other rules on the Site. Elelu’ Beauty reserves the right to claim damages from the User in case of non-compliance with these GTU and/or the General Conditions of Sale and/or any other rule present on the Site.

10. ACCESS AND OPERATION OF THE SITE

The User is personally responsible for the provision of computer and telecommunications equipment that enables him/her to access the Elelu’ Beauty Site. The costs of connection and equipment necessary to access the Internet and to use the Site of Elelu’ Beauty are entirely and exclusively borne by the User.

The User acknowledges and agrees that use of the Site is at his/her sole risk.

Elelu’ Beauty shall not be liable for any damages that a User may suffer as a result of such use. Elelu’ Beauty disclaims any liability for indirect damages, regardless of the causes, origins and nature of the same, resulting from the use and/or non-use of the Site, as well as from having given credit to any information directly or indirectly from the Site, including, but not limited to, costs resulting from the careless purchase of products and/or services offered on the Site, loss of profit, clientele, data or other loss of intangible assets.

11. LIABILITY

Elelu’ Beauty makes no warranties of any kind, whether express or implied, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability and completeness of the information on the Site, including information about the products, accessories or services offered on the Site and/or their suitability for a particular use that the User intends to make of them.

The information posted on the Site may not be construed as a cure or treatment for dermatological problems and in no way should be considered as such. The suggestions on the Site or provided by Elelu’ Beauty’s customer service for informational and/or illustrative purposes can never be considered as a substitute for medical advice.

In the event that the User wishes to make a claim against Elelu’ Beauty regarding the Protected Material on the Site and/or to the products and/or services offered therein, such claim must be made by sending written notice to the following address: Piazza del Plebiscito 2, 60121 Ancona (AN), no later than 6 (six) months after the occurrence of the event from which the complaint originates. The foregoing does not affect the rights of the User acting as a Customer under the General Conditions of Sale applicable to purchases made on the Website, recognized by the rules of the Consumer Code (Legislative Decree 206/2005).

12. GENERAL CLAUSES

12.1. Validity of the Contract.

If any provision of these TOU is declared invalid or ineffective due to a legislative change or as a result of a ruling by a judicial authority, the remaining provisions of these TOU shall remain in full force and effect.

12.2. Applicable Law and Jurisdiction

These General Conditions of Use are governed by Italian law, without prejudice to any more favorable consumer protection rules provided by the laws of the User’s residence.

Any dispute relating to the existence, interpretation and/or execution, termination of these General Conditions of Use shall be devolved to the jurisdiction of the Courts of the place where the User has his domicile or residence, if in the Italian territory, otherwise the Court of Ancona or the Court of residence or domicile of the User.

The User also has the possibility to resolve any disputes, without recourse to the Courts, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.