Consumer Terms & Conditions for Product Purchases
Welcome to ELITE LASHES By purchasing and/or using ELITE LASHES Products and Services, you agree to this Merchandise & Training Academy Agreement Terms and Conditions. If you have any questions at all please either call or email us immediately using the information provided on our Contact Us page. Please read the below information carefully;
I. Use of this Site/Copyrights and Trademarks
The terms, conditions, and notices contained herein are provided to you (“the Buyer/Consumer”) in conjunction with the use of the web site, products, and services of ELITE LASHES. These terms and conditions are applicable to you upon you accessing the website and/or completing the registration or shopping process. ELITE LASHES makes no representations or warranties about the completeness or accuracy of this website. The ELITE LASHES website(s) is for Buyer’s personal and noncommercial use. Buyer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the ELITE LASHES products or website(s). The entire content included in this Site, including but not limited to: text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is property of ELITE LASHES. All trademarks, service marks, and trade names are exclusive property of ELITE LASHES. All rights are reserved.
II. Indemnification and Limits of Liability;
THIS PRODUCT IS FOR PROFESSIONAL USE ONLY BY LICENSED AND TRAINED PROFESSIONALS; The Merchandise is not intended, nor should it be used at any time, for self-application; ELITE LASHES reserves the right to refuse sales and service to anyone for any reason at any time; BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS ELITE LASHES AND ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENCORS; AGAINST ANY AND ALL CLAIMS, REQUESTS, ACCUSATIONS, ALLEGATIONS, ASSERTIONS, COMPLAINTS, PETITIONS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, GOVERNMENTAL INQUIRIES, INVESTIGATIONS, DAMAGES, LIABILITIES, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEYS’ FEES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, OF ANY NATURE ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY ELITE LASHES, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY OF ELITE LASHES. THIS INDEMNITY IS INTENDED TO APPLY TO ANY THEORY OF RECOVERY INCLUDING, BUT NOT LIMITED TO, CLAIMS OF ACTUAL OR ALLEGED NEGLIGENCE BY ELITE LASHES (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, STRICT OR STATUTORY), PROVIDED THAT ELITE LASHES LIABILITY WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. State licensing requirements for the application of lash extensions vary from state to state, so it is incumbent upon you to research the requirements for your state and comply with any laws and requirements concerning the application of any lash extension products. It is the policy of ELITE LASHES to sell the Merchandise only to licensed professionals in the beauty and medical industry. Whereas certain states do not require a license to practice certain beauty or body treatment disciplines (such as permanent make-up artistry), ELITE LASHES requires that such individuals provide proof of formal certificate training or acceptable credentials within the beauty or medical fields as a pre-requisite to any purchases from the ELITE LASHES website. As an express condition of this sale, you hereby agree to submit a copy of your professional license and/or certificate via email to info@elitelashesusa.com, at the time of your initial request for the Merchandise.
III. Media Usage;
You consent to the recording of your likeness and statements and grant to ELITE LASHES or its assignees, licensees and successors the right to copy, reproduce and use all or a portion of it to ELITE LASHES Media outlets. This grant includes the right to use your physical likeness in any form, including, without limitation, a photograph, picture, artistic rendering, silhouette or other reproduction in any and all ELITE LASHES social media or online marketing. The rights granted herein includes the right to use your likeness and statements in ELITE LASHES media in any marketing material, publication, recording or other medium, and includes the right to edit, delete, and/or use any part of your likeness or statement in which you appear, and/or change the sequence of event. You permit the use of all or a portion of ELITE LASHES Media otherwise collected by ELITE LASHES in all forms and media including advertising and related promotion throughout the world and in perpetuity. You grant the right to use your image and name in connection with all uses of ELITE LASHES media and waive the right to inspect or approve the use of ELITE LASHES media as incorporated by ELITE LASHES.
IV. Risk Acknowledgement;
You recognize that the System of applying eyelash extensions can never be 100% safe and that accidental injury to the eye or the premature falling of an individual’s natural eyelashes may occur and that appropriate precautions must be taken to safeguard the well-being of your future clients. You agree to use these products in a safe manner and to take all measures of precaution. Also as a condition of your use of the Merchandise, you acknowledge and accept the inherent risks associated with applying eyelash extensions and agree to comply with all state and local laws covering the application process. Additionally, as a condition of your acceptance of the Merchandise, you agree that you will not perform eyelash extensions on any person (including removing any eyelash extensions already worn by any individual) without first having such person sign and date a ELITE LASHES Client In-Take/Consent Form whereby the client is made aware of the risks of the procedure, consents to the procedure and the use of before and after photographs of his/her eyes.
V. Agreement between Consumers (Buyers) and ELITE LASHES;
You (“the Buyer”) acknowledge that your use of this website and/or election to purchase products or services from ELITE LASHES, constitutes your agreement to all of the terms, conditions, and notices contained herein. ELITE LASHES reserves the right to change the terms, conditions, and notices contained herein with or without notice
VI. General Provisions;
Force Majeure
Notwithstanding any other provision of this Agreement to the contrary, in the event ELITE LASHES is prevented from performing its obligations hereunder as a result of any contingency which is beyond its control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, flood, earthquake or other similar occurrence) (any such event, a "Force Majeure Event"), ELITE LASHES shall be excused from its inability to perform its obligations hereunder, but only to the extent and for the duration of the Force Majeure Event in question. ELITE LASHES will provide reasonably prompt notice of the occurrence of such Force Majeure Event.
Governing Law; Construction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of laws thereof. The construction and interpretation of this Agreement shall not be strictly construed against the drafter. Any dispute arising under this Agreement shall be settled by arbitration in the State of Texas in accordance with such procedures as may be acceptable to the parties.
Entire Agreement; Amendment; Waiver; Invalidity
This Agreement, together with any schedules and exhibits attached hereto and made a part hereof, constitutes the entire agreement between the parties as to the subject matter hereof and shall supersede all prior understandings, letters, agreements, contracts and other documents. This Agreement may not be amended except by an instrument in writing signed on behalf of all of the parties hereto. No failure or delay by either party to exercise, and no course of dealing with respect to, any right of any such party regarding an obligation of the other party to this Agreement, shall operate as a waiver thereof, unless agreed to in writing by both parties. Any single or partial waiver by either party of any obligation of the other party under this Agreement shall constitute a waiver of such obligation only as specified in such waiver and shall not constitute a waiver of any other obligation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect.
Licensed
Our products can only be sold to those with a esthetician or cosmetology license.*
The products sold on this website are for professional use only. Applying these products improperly could harm the human body. Products on our site should only be applied by a person that has been properly trained in accordance with local laws and regulations. Do not attempt to use these products if you have not been properly trained.
Liability Disclaimer *
Warning: The products sold on this website are for professional use only. Applying these products improperly could harm the human body. All products on this site should only be applied by a person that has been properly trained in accordance with local laws and regulations. Do not attempt to use these products if you have not been properly trained. Purchasing products on this website is an agreement that you take on all liability with the use of this product.
Our 100% Money Back Guarantee!
We want you to be satisfied with your ELITE LASHES purchase. If in the unlikely event there is a manufacturer defect or any other quality concerns beyond the customer’s control, please contact us within 30 days of delivery to receive a refund or exchange. After 30 days the product is nonrefundable.
Damaged/Defective Products or Incorrect Quantities Delivered
If you receive products that are damaged/defective or have been delivered short of the quantities you ordered, you must inform us within 24 hours of delivery. Products for exchange must be returned to ELITE LASHES within 30 days of delivery.
All returns will be managed on a case by case basis. All returns must be unopened and in the original packaging.
All returns must have prior authorization to be refunded or exchanged.
If you simply wish to return or exchange unopened products, you can do so for up to 14 days (from delivery) for a full refund or exchange. After 14 days, you will receive store credit. After 30 days, the products are nonrefundable. ELITE LASHES is not responsible for these types of return shipment fees.
*On all tweezers must to be return in 7 days (from delivery)* ELITE LASHES is not responsible for these types of return shipment fees.
* Adhesives/Glues that are opened or used (even just once) cannot be returned, and do not fall under this category unless it is:
-Defective (clumpy, hard etc.) or,
-The container is broken upon arrival
Either one of these circumstances allows for immediate return. You will be asked to take a picture of product in question and email it with your request to: info@elitelashesusa.com
Because of the nature of adhesives, we cannot refund if glue is opened or used… really, this is the only caveat to our rule. If your reason is compelling we reserve the right to make an exception to our own rule on a case by case basis. Please understand that in most cases we want to be nice and fair. We want to protect ourselves because we refuse to be a ‘use it and return it so I don’t have to pay’ type of company… if people like that didn’t exist- we wouldn’t even have these rules!
Opened Items
For reasons of hygiene due to the nature of eyelash extensions, application tools and after care products, we will not be able to credit you for any opened product.
To start your return or exchange process, please contact info@elitelashesusa.com
Please note that returns and exchanges will be processed within one week from the time that the items are received at the warehouse.
Refunds will be made using the original method of payment. If the original method of payment is unavailable, a merchandise credit will be issued.
Lost Packages:
ELITE LASHES is not responsible for lost or stolen packages. Shipping is a service you purchase from USPS along with your order from us, so any shipping issues must be handled by USPS. Once the order is shipped, the buyer assumes all responsibility for tracking their package. If a package is marked/tracked as “Delivered”, ELITE LASHES will not process a refund for that package. Please check with your local USPS if you believe your package has been lost or stolen.
RETURN TO: All shipping costs both original and return are at the expense of the purchaser, unless we choose otherwise. Return shipments can be sent to:
ELITE LASHES – 5911 AKIN RUN SAN ANTONIO TX 78261
INCLUDE NAME or BUSINESS YOU ORDERED UNDER, Order Number & Date, and reason for return. Read ALL rules before return to make sure your product can be returned, and state what you want: refund, exchange, or Store Credit.
We want to be as fair as possible. Both fair to our customers, and fair to our company. As long as your intentions are honest- you will have no problems dealing with us!
Thank you for your business! We are confident you will love our products and prompt customer service!
For merchandise purchased with one of our other Bella Lash retail/distributor partners, please return the product to the original point-of-purchase to determine eligibility for refund or exchange.
Shipping Costs for Returns
You will be responsible for the shipping and handling costs of returning the products to us for any reason.
All returned items will be tested upon receipt. Any item found not to be damaged or defective will be returned to you. Your statutory rights are not affected.
Ensure the items returned are adequately packaged. We do not accept responsibility for any products returned that are lost or damaged in transit. It is recommended you use a shipping method that can be tracked. If the above procedure has not been followed correctly we reserve the right not to process the return.
How long will it take to receive a credit for my returned items?
Once received, returns are processed within 7–14 business days. Please allow for 3-5 business days for the refund to appear in your bank account, once the refund is processed. The time to post a credit to your account can vary and is determined by the issuing bank. Please contact the issuing bank for details.