Terms and Conditions

PART A: INFORMATION ABOUT elie beauty Europe Ltd

This website is owned and operated by elie beauty Europe Ltd a company registered in Rep of Ireland (company registration number 9817444U) whose registered office is at 4 Woodlands, Carndonagh, County Donegal, rep of Ireland. Our registered VAT number is 9817444U. Unless we say otherwise, we use the terms “elie”, “elie beauty”, “we” and “us” on this website to refer to elie beauty Europe Ltd  throughout the website terms and conditions, which include the Website Terms of Use, Privacy & Cookie Policy and our General Terms and Conditions of Sale (“Website Terms”).

If you want to ask us anything (whether about our products and services, or this website, any of our terms and conditions or otherwise), then please contact us.

PART B: WEBSITE TERMS OF USE

The Website Terms apply to your use of the elie beauty website www.eliehair.com (the “Website”) and to any order you place on the Website. The Website Terms apply regardless of how you access the Website, including any technologies or devices by which elie makes the Website available to you at home, on the move or in store. You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, please do not use this Website.

All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy Policy govern your use of this Website.

YOUR USE OF THIS WEBSITE

You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.

You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.

USE OF THIS WEBSITE FROM OUTSIDE THE UK

Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting elie beauty’s products and services available in the Rep of Ireland and the UK. However elie beauty may accept orders for delivery to locations outside of the Rep of Ireland and the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the Rep of Ireland and the UK or place orders for delivery to locations outside the Rep of Ireland and UK are responsible for compliance with local laws if and to the extent local laws are applicable.

OWNERSHIP OF RIGHTS

All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to elie beauty Europe Ltd.

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or that of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the website.

You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.

GUIDELINES FOR GIFT MESSAGES, PRODUCT REVIEWEs AND QUESTION and ANSWER

Please read and understand the below before providing a gift message, posting a product review or any other user generated content on our Website or social media sites.

Ownership of Submissions

Other than personal data (which is subject to our Privacy and Cookie Policy) all comments, gift messages, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to elie on or through the website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of elie once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.

Gift message service

If you use the gift message service, you acknowledge and agree that the gift message service is provided for your own personal and non-commercial use only. You are entirely responsible for the text and other content of your gift message and elie accepts no liability for any such content and you will follow the rules for submissions. We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.

Social networking sites

These terms also govern any Submissions you make on any elie related third party website or page such as our Amazon, e-bay, Facebook page, Twitter, Pinterest, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of elie or its employees and elie is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites’ Terms of Use, as applicable.

Intellectual Property Rights

A disclosure, submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to elie of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any elie related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on elie pages of third party social networking sites are not the responsibility of, or endorsed by elie. All rights, including copyright on elie pages are owned by or licensed to elie. Any use of any elie social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of elie. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property of others.

Confidentiality

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any elie related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.

Rules for Submissions

You must be 18 years of age or older and registered to post a submission. Suppliers or manufacturers are not eligible to post a submission.

Please be polite and only write in English (or the applicable language for the elie Website on which you are posting a submission). If you require an immediate response from us or have a comment about our service please contact us by e-mail: contact@eliehair.com directly for a quicker response.

Submissions should not include:

  1. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others

  2. comments about other reviewers or bloggers

  3. remarks that repeat criminal accusations, false, defamatory or misleading statements

  4. material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers

  5. spam or advertising

  6. third party brand names or trade marks

  7. HTML code, computer script or website URLs

  8. availability, price or alternative ordering or delivery information

  9. information about elie suppliers or manufacturers

elie, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which relate to seasonal products which are no longer in season.

Please let us know if you see any Submissions which do not comply with our rules.

Accuracy of content

To the extent permitted by applicable law, elie disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.

The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of elie or any of its group companies.

Damage to your computer or other device

elie uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, elie shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Links to other websites

We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, elie cannot accept any liability in respect of the use of these websites.

Exclusions of liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.

Password/account security

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. elie shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

These exclusions shall be governed by and construed in accordance with rep of Ireland law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Other legal notices

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.

Third party rights

Only you and elie shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement

These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Law, jurisdiction and language

Any matter that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of Rep of Ireland and subject to the exclusive jurisdiction of the courts of Rep of Ireland. All contracts shall be concluded in English.

Changes to these Website Terms

We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.

PART C: GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through www.eliehair.com (the “Website”). These General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which elie makes the Website available to You at home, on the move or in store. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.

Acceptance of your order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place only when we despatch the product(s) or commencement of the services that you ordered from us. Prior to despatch of the product(s), elie has the right to decline an order for any reason, including legal and regulatory reasons.

We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel.

Amendments and cancellations can be accepted until your order is prepared for despatch. Amendments can be made by e-mailing us at contact@eliehair.com or calling us on +353 749374884.

If we cannot supply you with the product or service, we will not process your order, inform you of this by email and, if you have already paid for the product  we will issue a refund you in full as soon as reasonably possible.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, elie has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed.  You acknowledge that elie shall incur no liability in such circumstances.

What is the website’s privacy policy?

PRIVACY & SECURITY

IMPORTANT – PLEASE READ CAREFULLY

elie is committed to respecting the privacy rights of visitors to its website. This privacy policy explains how we collect, store and use personal data about you when you brows www.eliehair.com (the “Website”), shop with us or otherwise provide your personal data to us.  It provides you with details about the types of personal data that we collect from you, how we use your personal data and the rights you have to control our use of your personal data. This policy applied regardless of how the Website is accessed and will cover any technologies or devices by which elie make the Website available to you.  

You must read this privacy policy carefully and we recommend that you print and retain a copy for your future reference. By accessing, browsing or otherwise using this Website, you confirm that you have read and understood this privacy policy.  If you do not want your data to be used as set out in this privacy policy, you should not use this Website.

We respect your right to privacy and will only process personal data you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, as updated from time to time, and other applicable privacy laws.

If you have any questions about how we collect, store and use personal data, or if you have any other privacy-related questions, please contact us by any of the following means:

  1. phone us on: 00353 7493 74884

  2. 2.      e-mail us contact@eliehair.com or

  3. write to us at: elie beauty Europe Ltd, 4 Woodlands, Carndonagh, County Donegal, Rep of Ireland.

  4. When contacting us, please remember to quote your name and contact details along with any elie correspondence reference you may have.

Children

We do not and will not knowingly collect information from any unsupervised person under the age of 18.  If you are under the age of 18, you must not use this Website or submit any personal data to us unless you have the consent of, and are supervised by, a parent or guardian.

The personal data we collect about you

When you make purchases from elie (including purchases made in-store on any device, over the phone or this Website, we may collect the following personal data about you:

  1. your name, age and sex;

  2. your billing and delivery postal addresses, phone (including mobile phone), fax and e-mail details;

  3. where you have registered with us, your user name and password;

  4. where you place an order with us, your payment card details;

  5. your communication and shopping preferences;

  6. your browsing and shopping activities;

  7. your date of birth;

  8. your interests, feedback and survey responses; and

  9. your location

We may also collect some or all of the above personal data about you when you access and browse this Website or any third party microsite (as described below), including when you sign up to receive elie newsletters.  We may also collect some or all of this personal data from third parties who have your consent to pass your details to us.

How we may store and use your information

elie (and third party data processors acting on our behalf) may collect, store and process your personal data:

  1.  to make this Website available to you and to provide you with content which is tailored to your individual tastes;

  2. to maintain any registered account that you hold with us;

  3. with your agreement, to contact you (including by SMS, push and e-mail) about promotional offers and products and services which we think may interest you;

  4. for customer satisfaction and market research purposes;

  5. to provide our goods and services to you and for associated purposes, including verifying your identity;

  6. for research, analysis, testing, monitoring, risk management and administrative purposes; and

  7. for any related purposes, or where we have a legal right or duty to use or disclose your information (including for crime and fraud prevention and related purposes).

We also process your payment card details in order to complete any purchase that you make through this Website and, in certain instances, disclose your personal data to third party credit reference agencies to perform credit checks against you. When you place an order with us, we may offer to retain your payment card details for your convenience to save you having to re-enter these details on a future occasion. However, if you prefer that we do not maintain these details, you can go to ‘My Account’, click on ‘Edit or delete a credit card’ and delete any card information that we hold about you.

In addition, we may collect anonymous details about visitors to our Website for the purposes of aggregate statistics or reporting purposes.  However, no single individual will be identifiable from the anonymised details that we collect for these purposes.

We will not disclose, sell or rent your personal data to any third party, save for any disclosures of your personal data detailed in this policy.

In the event that a third party acquires all or part of our business and/or assets, we may disclose your personal data to that third party in connection with the acquisition. 

Targeted updates and marketing

If you have agreed that we can contact you for marketing purposes we may send you emails and other communications relating to products and services which we think will be of interest and relevance to you as an individual.  We do this by monitoring the browsing and shopping habits of customers and providing them with information on products they have viewed and related products.

Cookies

Cookie Policy

What are cookies?

This website uses cookies to collect information.  Cookies are small data files which are placed on your computer or other mobile or handheld device (such as smart ‘phones or ‘tablets’) as you browse this website.  They are used to ‘remember’ when your computer or device accesses this website.  The cookies are essential to the effective operation of our website and to enable to you shop with us online.  Cookies are also used to tailor the products and services offered and advertised to our customers, both on this website and elsewhere.

Information collected

Some cookies collect information about browsing and purchasing behaviour by people who access this website via the same computer or device.  This includes information about pages viewed, products purchased and the customer journey around a website.  We do not, however, use cookies to collect or record information on users’ name, address or other contact details.  elie is able to use cookies to monitor individual customer browsing and purchasing behaviour but third parties are not able to identify customers using cookies.

Who sets the cookies?

The cookies stored on your computer or other device when you access this website are set by elie, our suppliers who partner with us to help deliver a high quality website and on-line shopping experience, and other third parties.

Some cookies are set by or on behalf of elie and are necessary to enable customers to a make purchases on our website.

Cookies may also be set by third parties who participate with us in affiliated marketing programs. None of these third parties collect any personal data from which they would be able to identify individual customers.

 

What are cookies used for?

The main purposes for which cookies are used are:-

1. For technical purposes essential to effective operation of website, particularly in relation to on-line transactions.

2. To drive elie marketing, particularly banner advertisements and targeted updates which are explained in more detail elsewhere in the Privacy Policy.

3. To enable elie to collect information about the browsing and shopping habits and activities of customers, including to monitor the success of campaigns, competitions etc.

4. To enable elie to meet its contractual obligations to make payments to third parties when a product is purchased by someone who has visited our website from a site operated by those parties.

How do I disable cookies?

If you want to disable cookies you need to change your website browser settings to reject cookies.  How to do this will depend on the browser you use and we provide further detail below on how to disable cookies for the most popular browsers:-

For Microsoft Internet Explorer:

1. Choose the menu “tools” then “Internet Options”

2 Click on the “privacy” tab

3 Select the setting the appropriate setting

For Mozilla firefox:

1. Choose the menu “tools” then “Options”

2 Click on the icon “privacy”

3 Find the menu “cookie” and select the relevant options

For Opera 6.0 and further:

1. Choose the menu Files”> “Preferences”

2 Privacy

What happens if I disable cookies?

This depends on which cookies you disable, but in general the site may not operate properly if cookies are switched off.  If you only disable 3rd party cookies you will not be prevented from making purchases on this site.  If you disable all cookies you will be unable to complete a purchase on this site.

Security

However, please note that whilst we take appropriate technical measures to safeguard the personal data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us.

If you are using a computer or terminal in a public location, we recommend that you always log out and close the website browser when you complete an online session for your security. In addition we recommend that you take the following security measures to enhance your online safety:

 

Spoof/false emails

We will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from www.eliehair.com asking you to do so, please ignore it and do not respond.

Your rights

You have the following rights:

  1. the right to ask what personal data that we hold about you at any time.

  2. the right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you free of charge; and

  3. the right to opt out of any marketing communications that we may send you.

If you wish to exercise any of the above rights, please contact us using the contact details specified above.  However, if you wish to unsubscribe from e-mail marketing communications that we send you, you can most easily do this by clicking on the unsubscribe link at the bottom of any e-mail newsletter we have sent to you.

Updates to this policy

This privacy policy was last updated in January 2016. Please check back regularly to keep informed of updates to this privacy policy.

Contact us

If you have any questions please at contact@eliehair.com

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