Privacy Policy

Version number: [1.0.]
Effective date: 30/09/2024

1. Who we are
   We are Ellessence. Our company information is at the end of this document.
2. What this is all about – introduction to our terms and conditions
   These are our terms and conditions which apply when you buy any goods via this site. (Separate terms apply to use of our site.) We’ve tried to make them user-
3. friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They are available in English only.
4. Consumers – definition
   Where we refer to “Consumer” below we mean an individual acting for purposes
   which are wholly or mainly outside that person’s trade, business, craft or profession.
5. Who can buy on our site
   You are not allowed to buy any goods via this site if your main purpose is to use
   them to infringe our intellectual property or other legal rights or to deliberately
   damage our business, e.g. by intentionally writing false reviews.
6. Changing our terms and conditions
   We may change these terms and conditions at any time. Please check them
   carefully as they will apply to anything you buy after the effective date shown at the
   top.
7. Important disclaimers
   While we believe that our products are beneficial in many ways, they are not
   intended to diagnose, prevent, or treat any medical condition or to be used as a
   substitute for medical advice and we make no promise that any particular “wellness”
   objective will be achieved. Please consult your doctor if you have or think you may
   have a medical condition.
   If we give any advice this should only be treated as general guidance and not
   medical advice. You should consult your doctor or dermatologist before engaging in
   a new skincare routine.
   You are responsible for carefully reading the ingredients on the product label or
   leaflet to avoid the risk of allergic or other adverse reactions.
8. Minor variations
   We will take reasonable care to ensure that representations and descriptions of
   goods appearing on our website are correct. However, there may be minor differences between the actual goods and the way that they appear on our website.
9. Also, the labelling or packaging of the goods you receive may differ from the images of these which you see on our site.
10. How you order – and forming a contract with us
    Your order is an offer to buy from us.
    You place your order by using the ordering process on our site. This involves
    selecting the goods, placing them in the shopping cart and sending your order to us
    by clicking on the “Pay Now” button. You can check and amend any mistake before
    making an order by using the change function and/or the internet browser back
    button.
    You must ensure that your order, including delivery address, and any other
    information you supply to us is correct and you tell us immediately if there are any
    changes.
    We accept your offer and there is a binding legal contract when we send you a
    confirmation email. However, even if we have accepted your offer, we are not
    obliged to supply any goods if they are unavailable or we think that you are buying
    the goods to infringe our intellectual property or other rights or to deliberately
    damage our business, e.g. by intentionally writing false reviews. If so, we will notify
    you as soon as possible that we are cancelling your order and will arrange for a full
    refund if you have been charged.
11. Price and payment
    The price for the goods you order is as stated on our site at the time you send us
    your order. Any applicable VAT or sales tax is included in any price shown.
    You must pay in advance by one of the payment methods listed on our site. We are
    entitled not to send you the goods until we have received full payment in cleared
    funds.
    Delivery costs are charged extra at the rate shown on our site when you place your
    order. These will depend on the delivery method chosen. NB Our charges don’t
    include customs or import duties which may be applied to your order by the relevant
    authorities. We have no control of these and it is your separate responsibility to pay
    for them. We recommend that you check with your local customs office in advance.
    If we have mis-priced any item by mistake, we are not obliged to supply the item at
    that price provided we tell you before we send it off. If we do, then you can decide if
    you want to order the item at the right price but, if you do not, we will provide a full
    refund of any payments already made.
    You must contact us immediately with full details if you dispute any payment.
    If any amount due to us is unpaid, or unjustifiably charged back, we may end this
    agreement on written notice (including email).
12. Discount codes

We may offer discount codes from time to time. All discount codes refer to the price
excluding delivery charges. Such codes may only be applied to purchases made
through the account in respect of which the discount code was offered and
registered and are not transferrable or redeemable for cash. Unless otherwise
stated: codes (1) are only available for future new orders placed online; (2) cannot
be used retrospectively; (3) can only be redeemed once per customer; and (4) expire
after 12 months. You cannot use more than one discount code per transaction
unless we state otherwise; if we do so, the order in which the codes are to be applied
is in our sole discretion.
We reserve the right to reject any discount code if we consider that it is being used in
breach of these terms. Discount codes are subject to any additional specific terms
and conditions which are specified at the point of issue. We reserve the right to
discontinue or otherwise modify any discount codes at any time without prior notice.

11. Delivery
    Delivery will be complete when we deliver to the address which you specify when
    ordering. We may deliver different parts of your order on different dates.
    Delivery is only to the countries we specify and is otherwise subject to any
    restrictions on our delivery page [INSERT LINK]. We reserve the right to cancel any
    order from a country to which we do not deliver (even if there is a binding contract).
    Unless we say otherwise, delivery timescales on our website are estimates only. We
    are not responsible for delays in delivery (a) if due to circumstances beyond our
    reasonable control and where we could not have taken reasonable steps to deal with
    the delay or (b) if you have failed to supply us with adequate delivery instructions.
    If you receive notification of an unsuccessful attempted delivery, it is your
    responsibility to use the details provided to immediately contact the courier to
    arrange re-delivery. If nobody is available to receive the goods, we reserve the right
    to leave them at the doorstep, hall or reception as available, or with a neighbour.
    If the goods can’t be delivered because you haven’t complied with our agreement
    (e.g., giving us the wrong delivery address, not paying customs/import charges, not
    contacting the courier to arrange re-delivery after an unsuccessful delivery attempt)
    and are sent back to us, you must pay us the amount of any resulting courier or
    warehouse fees that we have to pay other people. We can insist that such costs be
    paid before we arrange re-delivery and/or add them to any future order you make
    and/or to deduct them from any refund (to the extent legally allowed).
12. When you become the owner of the goods
    You become owner of the goods after the later of delivery of the goods and payment
    of the price plus delivery charges. Until that happens, you hold the goods on our
    behalf. If you are not a Consumer, you must identify the goods as ours and keep
    them separate from your other goods until ownership passes.
13. Consumer right to cancel (“cooling off”)
    If you are a Consumer living in the European Economic Area, you have the right to
    cancel this contract but subject to what we say below. This right is not affected by any separate returns policy on our website.
14. There is no right to cancel contracts for the supply of goods that are liable to deteriorate or expire rapidly.
15. You lose the right to cancel contracts for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
16. If you do have the right to cancel, please see the instructions at the end of this document.
17. Restrictions on our legal responsibility for goods – very important
18. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
19. The following clauses apply only if you are a Consumer:

• We are under a legal duty to supply goods that are in conformity with the
  contract. Nothing in our agreement affects your legal rights relating to
  goods that don’t conform with the contract, whether because they are
  faulty, not as described or otherwise. You can get advice about your
  legal rights from your local Trading Standards office or Citizens’ Advice
  Bureau.
• We are not responsible for any loss or damage caused by us where:
  o there is no breach of a legal duty owed to you by us or by
  any of our employees or agents;
  o such loss or damage was not reasonably foreseeable
  (meaning it was not an obvious consequence of our breach
  or not contemplated by you and us at the time we entered
  into this contract);
  o such loss or damage is caused by you, for example by not
  complying with this agreement; or
  o such loss or damage relates to a business (as we do not
  intend for goods bought by Consumers to be used for
  business).
• You will be responsible to us for any reasonably foreseeable loss or
  damage we suffer arising from your breach of this agreement (subject of
  course to our obligation to mitigate any losses).
• The following clauses apply only if you are not a Consumer:

o Our total aggregate liability of any kind (including for our own
negligence) is limited to the price paid for the goods.
o In no event (including for our own negligence) will we be
liable for any:

▪ economic losses (including, without limit, loss of
revenues, profits, contracts, business or
anticipated savings);
▪ loss of goodwill or reputation;
▪ special, indirect or consequential losses; or
▪ damage to or loss of data (even if we have been
advised of the possibility of such losses).
o You will indemnify us against all claims and liabilities directly
or indirectly related to your breach of this agreement.
o We warrant that the goods shall be of satisfactory quality.
o To the extent allowed by law, you and we exclude all terms,
whether imposed by statute or by law or otherwise, that are
not expressly stated in this agreement.
o This agreement constitutes the entire agreement between us
with respect to its subject matter and supersedes any
previous communications or agreements between us. We
both acknowledge that there have been no
misrepresentations and that neither of us has relied on any
pre-contractual statements. Liability for misrepresentation
(excluding fraudulent misrepresentation) relating to the terms
of this agreement is excluded.

15. Events outside our control
    We are not liable for failure to perform or delay in performing any obligation under
    this agreement if the failure or delay is caused by any circumstances beyond our
    reasonable control including third party telecommunication failures and epidemics.
16. Your personal information – our privacy policy applies
    You acknowledge and agree that we may process your personal information in
    accordance with the terms of our privacy and cookies policy which is subject to
    change from time to time.
17. English/Welsh law and courts
    These terms and conditions shall be governed by English law and any disputes will
    be decided only by the courts of the United Kingdom. If you are a Consumer, you will
    benefit from any mandatory provisions of the law of the country in which you are
    resident. Nothing in these terms and conditions affects your rights as a consumer to
    rely on such mandatory provisions of local law. You may be entitled to use an EU
    online dispute resolution service to assist with any contractual dispute you may have
    with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email
    address is at the end of this document.
18. General but important stuff
    We may send all notices under this agreement by email to the most recent email
    address you have supplied to us (unless otherwise stated above). Headings used in
    this agreement are for information and not binding. Any failure by either party to
    exercise or enforce any right or provision of this agreement does not mean this is a
    “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.

19. Complaints
    If you have any complaints, please contact us via the contact details shown below.
20. Our company information
    Company name: Ellessence
    Trading name: Ellessence
    Country of incorporation: England and Wales.
    Main trading address: Gynol, Rhosamman, Ammanford, SA18 1DP
    Contact email address: ellessenceuk@gmail.com
    Other contact information: See our website.

Text Marketing & Notifications
By consenting to ellessence marketing in the checkout and initializing a purchase or
subscribing via our subscription tools, you agree to receive recurring text
notifications (for your order, including abandoned checkout reminders), text
marketing offers, and transactional texts, including requests for reviews from us,
even if your mobile number is registered on any state or federal do-not-call list.
Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications,
reply with STOP to any mobile message sent from us or use the unsubscribe link we
provided you within any of our messages. You understand and agree that alternative
methods of opting out, such as using alternative words or requests, will not be
considered a reasonable means of opting out. We do not charge for the service, but
you are responsible for all charges and fees associated with text messaging imposed
by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages
from. You can also contact us for more information.
We have the right to modify any telephone number or short code we use to operate
the service at any time. You will be notified on such occasions. You agree that any
messages you send to a telephone number or short code we have changed,
including any STOP or HELP requests, may not be received, and we will not be
liable for honouring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for
failed, delayed, or misdirected delivery of any information sent through the service,
any errors in such information, and/or any action you may or may not take in reliance
on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policyhere to
determine how we collect and use your personal information.