Terms of Sale
1.Introduction:
1. Terms of Sale:
1.1. The terms and conditions
outlined herein govern the supply and delivery of purchases to you as a buyer
on the website www.ellashine.co or through our mobile application (collectively
referred to as "www.ellashine.co") owned and operated by EllaShine.
1.2. Kindly read these terms
carefully before proceeding with the purchase process on the website. Your
submission of a purchase order through the Site constitutes your agreement to
these terms of sale and immediate compliance with them.
1.3. Additionally, please
review our privacy policy, as your use of the Site and these terms of sale are
subject to our privacy policy.
2. Acceptance of Purchase Order:
2.1. The supplier: As specified
on the Site, each product in a purchase order is sold either by us or by a
local or global seller.
2.2. Acceptance of Purchase
Order: Your purchase order is accepted by us when we notify you of acceptance
in writing (either by email or SMS). If we are unable to accept your purchase
order, we will inform you in writing or via a phone call, and the product's
value will not be deducted from your account.
2.3. Payment: Your issuance of
a purchase order authorizes us or any third-party specialized in electronic
payment operations to deduct the purchase value from your credit or debit card.
We accept payment through credit/debit cards, your electronic wallet, or cash
on delivery.
2.4. For credit/debit card
payments, we may ask you to open an account with our payment processing
companies, accepting their terms and conditions and providing your details on
your behalf. By doing so, you authorize us, and we shall not be responsible for
any damage or loss you may incur as a result.
2.5. We reserve the right to
add or cancel specific payment cards or methods accepted by us at any time
without prior notice.
2.6. Order Cancellation: You
can cancel a purchase order immediately before product shipment for any reason.
2.7. Our Cancellation of Your
Order: We reserve the right to cancel your order if:
- You fail to pay the
purchase amount when due.
- You fail to provide us
with the required information for product delivery within a reasonable time we
specify.
- You do not allow us a
reasonable time to deliver the products or fail to accept them.
2.8. Wholesale and Multiple
Purchases: We reserve the right to reject any orders, at our discretion, if we
detect wholesale or multiple purchases of similar products.
3. Delivery of Your Order:
3.1. Delivery Cost: The cost of
product delivery is based on the prices mentioned on the Site.
3.2. Delivery Date: This
information will be displayed on the Site.
3.3. Delay in Delivery:
- If our product delivery is
delayed for reasons beyond our control, we will promptly notify you and take
steps to minimize the consequences of the delay.
- If there is no one at your
address to receive the product, and delivery by mail to your mailbox is not
possible, we will inform you on how to obtain or receive the product.
- If you are unable to
receive the product as agreed or reschedule a new delivery time after the
initial failed attempt, we will contact you for further instructions. We will
cancel your order according to similar terms if we are unable to contact you or
arrange a new delivery or receipt despite our ongoing efforts.
3.4. International Delivery: If
you request delivery of products from outside the country, you may be
registered as an importer. In such cases, you must ensure that the requested
products comply with laws and regulations, and you must also bear the cost of
all fees and customs duties imposed on your purchases.
3.5. Product Ownership:
Products become your property upon delivery to the delivery address and full
payment of their value.
3.6. Invoice Issuance: We will
issue an electronic invoice for the value of your purchases and send it to the
email you provided.
6. Legal Obligations for Customers:
6.1. Agreement to Legal Obligations:
1. Comply with all applicable laws, regulations, and statutes,
including, without exception, all privacy protection laws.
2. Have the authority and eligibility to enter into this agreement and
make payments in accordance with the terms and conditions herein.
3. If purchasing the product on behalf of a company, confirm
representation and act on behalf of the company under a power of attorney, and
the company shall comply with these sales terms.
6.2. Limitation of Liability:
Services are provided "as is" without any warranty or
conditions by us. We disclaim any warranties or conditions, whether express,
implied, or statutory, including but not limited to, merchantability, fitness
for a particular purpose, non-infringement, compatibility, that the services
are secure, error-free, or will operate without interruption or in a timely
manner or be delivered in an appropriate manner, or generally.
6.3. Sole Warranty:
The warranty provided in sections 1-5 is the sole and exclusive warranty
offered according to these sales terms.
7. Legal Liability:
7.1. Non-Excludable Liability:
These sales terms do not limit or exempt any party from liability for:
1. Fraud, including any misrepresentation committed by that party.
2. Death or personal injury resulting from negligence on the part of
that party.
3. Any other liability that cannot be limited or exempted under
applicable law.
7.2. Limitation of Liability:
According to sections 1-7, we, our parent company, subsidiaries,
affiliates, employees, directors, board members, agents, suppliers,
subcontractors, or licensors shall not be legally responsible for any damages,
losses, or expenses (including legal fees and attorney's fees) arising from or
related to:
1. Any claims or demands brought by any third party arising from your
use of the website and our services.
2. Your breach of any of the terms and conditions of this agreement,
including without limitation any warranties, representations, or covenants.
3. Or any violation of applicable laws.
Note: The translation is provided for informational purposes, and the
accuracy of legal language may vary depending on specific legal contexts and
jurisdictions. It is advisable to consult with legal professionals for precise
legal translations.
General
Provisions
8.1.
Applicable Law: The terms of sale, and any non-contractual rights and
obligations arising from or related to the mentioned sales conditions, are
subject to the applicable laws and are interpreted accordingly.
8.2. Dispute
Resolution:
If you are
dissatisfied with any products purchased through the website, you can contact
us by going to the "Account" section and clicking on the
"Contact Us" box.
If you
cannot reach a resolution as per section 2-8 (A) within forty-five (45) days
from notifying the seller of your problem, the dispute shall be settled through
the courts. This applies in case of any dispute or claim arising from these
sales conditions, including any non-contractual rights or obligations arising
from or related to these sales conditions.
8.3.
Third-Party Rights: No party other than the parties to this agreement has the
right to enforce any of its provisions.
8.4.
Relationship of the Parties: Nothing in the content of these sales conditions
shall be interpreted or deemed by either of its parties or by any third party
as participation or a joint venture between the parties to the agreement. It is
understood that the parties to the agreement have entered into a contractual
relationship to perform a service, with each being independent of the other.
8.5. Further
Assurances: The parties agree to act and execute or make arrangements to
reasonably perform any act, document, or anything within the scope of their
powers to implement and activate these sales conditions to the fullest extent,
including assisting each other in complying with the applicable law.
8.6. Assignment:
These sales conditions are binding to ensure the interests of the parties and
their successors, and they agree not to waive or transfer the rights granted by
these conditions or any of the rights or obligations concerning you under these
similar sales conditions, whether directly or indirectly, without obtaining
prior written consent from us. We may not unreasonably withhold consent.
8.7. Entire
Agreement: These sales conditions, including the referenced or attached
documents, constitute the entire agreement between the parties regarding their
subject matter. They cancel all previous agreements, negotiations, and
representations, whether written or oral, regarding their subject matter. There
are no other conditions, representations, warranties, commitments, or
agreements between the parties to this agreement, whether direct or indirect,
express or implied, other than those similar conditions and the documents
referenced or attached.
8.8.
Amendments : You cannot change, modify, or amend these sales conditions in any
form on your own. We reserve the right to modify, amend, or supplement these
sales conditions at any time and from time to time. We will also publish the
current version of the sales conditions on the website, and each change will
take effect immediately upon publication on the site or on the date we set as
the effective date (as applicable). Your continued use of the site and our
services after any changes constitutes your agreement to comply with the
changes and act in accordance with the conditions after they have been modified
and changed.
8.9.
Severability: If any court decides that any provision of these sales conditions
is invalid, illegal, or unenforceable, that provision shall be deemed severed
from these similar conditions, and the remaining terms and conditions shall
continue to be valid and enforceable to the fullest extent permitted by law, as
long as the legal and economic substance of the transactions contemplated under
these conditions remains in effect without any adverse effect on the parties.
8.10. Force
Majeure: None of the parties to the agreement shall be considered responsible
for any losses, damages, delays, or failure to perform due to acts beyond their
control, whether such acts or events can be reasonably predicted (including
acts of God, legislative enactments, judgments, or regulatory judgments, or
decisions issued by local governments, federal government, courts, regulatory
authorities, or acts by subcontractors or any third-party supplier of goods or
services to us, economic embargo, power outage, or labor unrest).
8.11. No Waiver : Our
waiver of any of the provisions of these sales conditions shall not be
construed as a waiver of any other provisions contained in them (whether
similar or different), and the waiver of any provision shall not be construed
as a permanent waiver unless we expressly state so in writing.
8.12. Survival:
All provisions in these similar sales conditions, whether explicit or
inherently continuous by nature, remain valid even if your membership on the
site is suspended or terminated.
Note:
Always keep the original product box to ensure warranty service in accordance
with the terms and conditions of some maintenance centers.