Purchase and Sale Terms and Conditions
Effective as of March 15, 2023
These Purchase and Sale Terms and Conditions (these “Purchase Terms”) apply to any order you place through or on www.elfcosmetics.com, www.keyssoulcare.com, or www.wellpeople.com (each, as applicable, a “Website” and collectively, the “Websites”) or through or on one of our e.l.f. Cosmetics, Keys Soulcare, or W3LL PEOPLE mobile application(s) (if any) (each, as applicable, an “App” and collectively, the “Apps”). These Purchase Terms are hereby incorporated into our Website and App Terms of Use (“Terms of Use”), including the Arbitration Agreement and Class Action Waiver set forth in the Terms of Use. To the extent any capitalized terms are not defined in these Purchase Terms, they have the meanings in the Terms of Use. In the event of any conflict between these Purchase Terms and the Terms of Use, the Terms of Use shall control.
These Purchase Terms are supplemented by the FAQs for each of our brands:
Please read these Purchase Terms, the Terms of Use, and the applicable FAQs carefully before you submit your order to us.
The Websites and the Apps are owned and operated by e.l.f. Cosmetics, Inc., a Delaware corporation, or its affiliates (collectively, “we” “us” or “Company”). The Website, www.wellpeople.com, and any W3LL PEOPLE App are operated by e.l.f. Cosmetics Inc.’s wholly-owned subsidiary, W3LL People, Inc. a Delaware corporation. e.l.f. Cosmetics, Inc.’s and W3LL People, Inc.’s headquarters are located at 570 10th Street, Oakland, CA 94607 USA.
Please note that we may amend these Purchase Terms from time to time, so remember to check back in before you use any Website or App, as the latest version will apply.
If you are placing an order from a country other than the United States for e.l.f. Cosmetics / e.l.f. Skin or Keys Soulcare products, please see the section entitled “Important Note Regarding International Orders” below as your purchase will be governed by the eShopWorld Terms and Conditions (located here).
ORDERS
Completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. All offered products on the Websites and the Apps are subject to availability. We reserve the right to change the items offered via the Websites and the Apps at any time and without notice. The Websites and the Apps may contain information about the availability of products at the time of ordering, but the quantity of inventory that is 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.
IMPORTANT NOTE REGARDING INTERNATIONAL ORDERS
With respect to e.l.f. Cosmetics / e.l.f. Skin and Keys Soulcare products, we contract with US Direct E-Commerce Limited (trading as eShopWorld) to sell and deliver our products purchased on the Websites or the Apps to consumers in countries outside of the United States. If your order is shipping to one of the countries/regions where our international shipping is supported by eShopWorld, the contract for the purchase, sale and delivery of our products will be between you and eShopWorld, and subject to the eShopWorld Terms and Conditions (located here). If there is a conflict between these Purchase Terms the eShopWorld Terms and Conditions, the eShopWorld Terms and Conditions will control with respect to your purchase and the delivery of our products.
PRICE AND PAYMENT
The price of any product will be the price indicated on the order page of the applicable Website or App when you placed your order. For orders shipping to the United States and Canada, the price indicated will be exclusive of taxes and, for Canada, import duties—applicable taxes and duties will be applied at checkout. 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). For orders shipping to any other country, the price indicated will be inclusive of all taxes (including VAT, GST, and other consumption taxes) and import duties.
All prices are quoted in local currency depending on the country you selected when browsing the applicable Website or App. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country-specific pricing.
We take reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We use reasonable efforts to 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 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. Payment options vary by country. See available payment methods at checkout.
We retain title in any product you have placed an order on until we have received full payment for such product.
SHIPPING AND DELIVERY
The costs of delivery will be as displayed to you on the applicable Website or App 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 below for more details on our delivery fees and estimated delivery time frames for our brands:
- e.l.f. Cosmetics / e.l.f. Skin Shipping and Delivery Details
- Keys Soulcare Shipping and Delivery Details
- W3LL PEOPLE Shipping and Delivery Details
All products purchased through the Websites or the Apps are made pursuant to a shipment contract. When you purchase products through any Website or App, 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. Shipping charges are invoiced to you when you complete the online checkout process. Risk of loss for your purchased product pass to you, and legal delivery is completed, upon our delivery of these products to the carrier for shipment to you at the “shipped from” address on our sales or shipping documentation.
Please do not give us any personal information of anyone under the age of 16 for delivery for shipping purposes or for any other reason.
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. 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 yet received.
Please note that we are unable to edit orders once they have been placed because orders are immediately transmitted to our shipping department. Therefore, if you enter an incorrect shipping address, your order may be shipped to the wrong address. 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 to limit quantities and discounts without notice. Discounts and coupons are not valid for bulk orders or for gift card purchases. Only one coupon code may be applied per order. Free or discounted shipping and handling offers may only be valid for orders within certain countries.
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 Websites or the Apps, subject to any additional terms that we establish. 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 we permit so; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that we establish 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 for each of our brands:
- e.l.f. Cosmetics / e.l.f. Skin Returns and Exchange Policy
- Keys Soulcare Returns and Exchange Policy
- W3LL PEOPLE Returns and Exchange Policy
NO RESELLER ACTIVITY
The products available on the Websites and the Apps, 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 Websites or the Apps (“Gift Cards”). The terms and conditions applicable to the use of our Gift Cards for our brands may be viewed on the applicable Gift Card page:
OUR RIGHT TO CANCEL YOUR ORDER
All orders placed through the Websites and the Apps 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 Websites and the Apps are for illustrative purposes only. Although we make the 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 the Websites or the Apps.
If you have any questions or complaints about the product, please contact us using the contact information below. We’ll be happy to help.
DONATIONS VIA THE CHANGEUP PLATFORM
In connection with orders placed through the Websites and the Apps, we may provide the opportunity for you to donate to various charities via the ChangeUp platform. Should you choose to donate to a charity via the ChangeUp platform, your donation may represent a charitable contribution deduction for purposes of applicable tax law. We, however, do not make any representations with respect to the treatment of your donation under applicable tax law and advise that you speak with your personal tax advisor. If you make a donation and later return your entire order, you will receive a refund of your donation. If you make a donation and later return some but not all of your order, you will not receive a refund of your donation.
Neither e.l.f. Cosmetics, Inc. or its affiliates is affiliated with Change Up, Inc. (the provider of ChangeUp platform) nor any charity listed on the ChangeUp platform. We make no representations about any charity listed on the ChangeUp platform, including whether any charity is a valid 501(c)(3) or similar organization. We advise that you research any charity to which you wish to donate.
By using the ChangeUp platform, you agree to Change Up, Inc.’s Terms of Service located at www.changeup.com/terms-of-service.
MISCELLANEOUS
If a court, arbitrator, or relevant authority 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, arbitrator, or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
CONTACT US
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e.l.f. Cosmetics / e.l.f. SKIN |
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(212) 239-1530 Weekdays 9:30am-5:30pm ET |
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Keys Soulcare |
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(212) 239-1530 Weekdays 9:30am-5:30pm ET |
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W3LL People |
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(212) 239-1530 Weekdays 9:30am-5:30pm ET |
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