PURCHASE AND SALE TERMS AND CONDITIONS

e.l.f. Cosmetics
Effective as of September 6, 2019

These Purchase and Sale Terms and Conditions (these “Purchase Terms”) apply to any order you place through or on www.elfcosmetics.com (the “Site”). These terms are supplemented by our Terms of Use, Privacy Notice and FAQs. Please read these Purchase Terms and the supplemental terms carefully before you submit your order to us.

The Site is owned and operated by e.l.f. Cosmetics, Inc., a Delaware corporation (“we” or “e.l.f. Cosmetics”). Our headquarters are located at 570 10th Street, Oakland, CA 94607, USA. You may contact us here.

Please note that we keep these Purchase Terms updated and we amend them from time to time, so remember to check back in before you use the Site, as the latest version will apply.

ORDERS

Unfortunately, we do not accept orders from or deliver to addresses outside the United States and Canada as the Site is solely for the purchase and sale of our products in the U.S. and Canada.

Completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. All offered products on the Site are subject to availability. We reserve the right to change the items offered via the Site at any time and without notice. The Site may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly and without notice. We are not liable if products are not in stock or otherwise not available.

We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Following receipt of payment from you, we will ship the products and send you a shipping confirmation which will constitute our acceptance of your order. Prior to shipment of the product(s), we have the right to decline an order for any reason, including legal and regulatory reasons.

If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Please note that once an order has been placed, it cannot be canceled or amended.. Please be sure to check your order before it is placed to make sure it is completely accurate.

PRICE AND PAYMENT

The price of the product (which is exclusive of applicable sales tax) will be the price indicated on the order pages when you placed your order. All prices are quoted in United States currency on the Site. We take all reasonable care to ensure that the price of the product advised to you is correct. We charge sales tax on all orders shipping to the United States (except for orders shipping to states that do not have a sales tax).

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

You acknowledge and agree that all information you provide with regards to a purchase of products, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. Please see our FAQs for the payment methods we currently accept.

SHIPPING AND DELIVERY

The costs of delivery will be as displayed to you on the Site when you complete the online checkout process. Delivery will be to the address specified in your order and the date of delivery of your order will depend on the delivery address. Please see more details of our delivery fees and estimated delivery time frames here.

All products purchased through the Site are made pursuant to a shipment contract. All shipments are made FCA, Shipping Point, Incoterms®2010 (freight prepaid and added to invoice). Risk of loss and title for your purchased items pass to you, and legal delivery is completed, upon our delivery of these items to the carrier for shipment to you at the Shipping Point. “Shipping Point” means the “shipped from” address on our sales or shipping documentation. “Freight prepaid and added to invoice” means that we pay the shipping charges and add such charges to your invoice.

When you purchase products through the Site, you agree and acknowledge that we will arrange for shipment of those products to you on your behalf as your agent and that you have authorized us to select the delivery service or carrier you indicated during the online checkout process. As indicated above, shipping charges are invoiced to you when you completed the online checkout process.

For information regarding availability of shipments to Canada and any additional terms and conditions may apply, please refer to the Shipping page on the Site. If any items are shipped to any location in Canada, you agree and acknowledge that you will be the importer of record, and that you will be liable to pay all customs duties, taxes, and similar charges, if any, imposed by the customs authorities for the import of the items to that location.

Please note that if you enter an incorrect shipping address, we are unable to edit orders once they have been placed because orders are immediately transmitted to our shipping department. Please be sure to check your address before your order has been placed. Do not give us any personal information of anyone under the age of 13 for delivery or shipping purposes or for any other reason. All risk in the products you order (including risk of loss and/or damage to the products) will pass to you when they are delivered to the delivery address specified in your order.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Please note that if you enter an incorrect shipping address, we are unable to edit orders once they have been placed because orders are immediately transmitted to our shipping department. Please be sure to check your address before your order has been placed.

PROMOTIONS AND DISCOUNTS

All offers are valid while supplies last. We reserve the right to substitute any product at our discretion and the right to limit quantities and discounts without notice. Not valid for bulk orders. Discounts and coupons are not valid for gift card purchases. Only one coupon code may be applied per order. Free or discounted shipping and handling offers are only valid for orders within the United States and Canada.

We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future products, or other features or benefits related to the Site, subject to any additional terms that e.l.f. Cosmetics establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by e.l.f. Cosmetics; (d) may be disabled or have additional conditions applied to them by e.l.f. Cosmetics at any time for any reason without liability to e.l.f. Cosmetics; (e) may only be used pursuant to the specific terms that e.l.f. Cosmetics establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

RETURNS AND EXCHANGES

Please see our returns and exchange policy on our FAQs for our current return policy.

NO RESELLER ACTIVITY

The products available on the Site, including any samples we may provide to you, are for personal use only. You may not sell or resell any of the products you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Purchase Terms. Among other things, we may suspect reseller activity based on factors such as order frequency, amount, and quantity.

GIFT CARDS

Tangible and/or digital gift cards containing stored money value may be offered by us for the purchase of products through the Site (“Gift Cards”). The terms and conditions applicable to the use of our Gift Cards may be viewed here.

OUR RIGHTS TO CANCEL YOUR ORDER

All orders placed through the Site are subject to our acceptance. This means that we may refuse to accept or cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later canceled, we will issue you a refund.

PRODUCTS

The images of the products on the Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products. Your product may vary slightly from those images. The packaging of the product may also vary from that shown on images on our website.

If you have any questions or complaints about the product, please contact us by using one of the following methods. We’ll be happy to help.

  • Email us at elfcare@elfcosmetics.com;
  • Call us at 1-212-239-1530 (Weekdays 9:30am-5:30pm EST); or
  • Send us a message through our “Contact Us” form here.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Please review the Terms of Use for limitations on loss or damage suffered by you.

MISCELLANEOUS

If a court finds part of these Purchase Terms illegal, the rest will continue in force. Each of the paragraphs of these Purchase Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. For information about the terms applicable to disputes between you and us, please review the Terms of Use.