WEBSITE AND APP TERMS OF USE

e.l.f. COSMETICS
Effective as of October 01, 2024

Thank you for accessing www.elfcosmetics.co.uk (the “Website”) and/or our e.l.f. mobile application (the “App”).

The Website and the App are owned and operated by e.l.f. Cosmetics, Inc. (“e.l.f. US” or “we”). e.l.f. US’s headquarters are located at 570 10th Street, Oakland, CA 94607 USA.

These Website and App Terms of Use (these “Terms of Use”) apply to and govern your use of any of the Website and the App as well as to any and all purchases of any product from us. These Terms of Use apply every time you access or use the Website or the App, whether you access or use them as a guest or as a registered user. Use of the Website or the App includes accessing, browsing, or registering to the Website or the App. Please read these Terms of Use carefully before you start to use the Website or the App.

By using the Website or the App, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Website or the App. Please note that we update these Terms of Use from time to time, so remember to check back in before each use of the Website or the App, as the latest Terms of Use will apply going forward and to any dispute or issue arising after the Terms of Use have been updated, to the extent permitted by applicable law.

Our Privacy Notice and any other policies, rules, or guidelines that may be applicable to a particular offer, product, or feature on the Website or the App are also incorporated into these Terms of Use. Certain provisions of the Terms of Use may be superseded by, or incorporated by reference into, additional legal notices, rules, or other terms applicable to certain other products, promotions, offers, or services we may offer, such as our loyalty program (“Additional Terms”). In order to participate in or use such other products, promotions, offers or services, you may be required to agree to such Additional Terms. Some products or services we offer may also be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with such product or service.

Please note that all orders and purchases made on the Website or the App will also be governed by the Purchase and Sale Terms. Please note that any purchase made on the Website or the App will be with e.l.f. Beauty UK Ltd., a company incorporated in England and Wales with company number 13023979 and a wholly owned subsidiary of e.l.f. US (“e.l.f. UK” and together with e.l.f. US, e.l.f. Beauty, Inc. and its and their controlled affiliates, the “e.l.f. Group”).

e.l.f. US and e.l.f. UK produce cosmetic and skin care products and tools. The Website and the App is mainly intended for the online sale of our products in the United Kingdom.

USE OF THE WEBSITES OR THE APPS

You must be 16 years of age or older to use the Website or the App. Minors under the age of majority in the United Kingdom but that are at least 16 years of age are only permitted to use the Website or the App if the minor’s parent or guardian accepts these Terms of Use on the minor’s behalf prior to use of the Website or App. For clarity, children under the age of 13 are not permitted to use the Website or the App. In addition, you may not use or access the Website or the App if you are a Prohibited Person. A “Prohibited Person” is any person or entity that is (a) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List; (b) located or organized in any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” (currently, the Crimea region of Ukraine, Cuba, Iran, North Korea, and Syria; such countries, “Prohibited Countries”); or (c) owned or controlled by such persons or entities listed in (a)-(b). By accessing or using the Website or the App, you represent and warrant that you meet the foregoing requirements and will not be using the Website or the App for any illegal activity.

The Website and the App are made available free of charge for your personal use subject to these Terms of Use. You may not use the content of the Website or the App for any commercial purposes whatsoever.

You may use the Website and the App only for lawful purposes and you may not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website or the App. You may not:

  • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website or the App, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms of Use;

  • duplicate, decompile, reverse engineer, disassemble or decode the Website or the App (including any underlying idea or algorithm), or attempt to do any of the same;

  • use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Website or the App;

  • access or use the Website or the App in any manner that could disable, overburden, damage, disrupt or impair the Website or the App or interfere with any other party’s access to or use of the Website or the App or use any device, software or routine that causes the same;

  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Website or the App, accounts registered to other users, or the computer systems or networks connected to the Website or the App;

  • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Website or the App;

  • misuse or tamper with the Website or the App (e.g., hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc.);

  • use the Website or the App in any way that breaches any applicable local, national, or international law or regulation;

  • use the Website or the App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

  • use the Website or the App for the purpose of harming or attempting to harm minors in any way;

  • submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Website or the App for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Website or the App in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;

  • use any robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Website or the App to monitor, extract, copy, or collect information or data from or through the Website or the App, or engage in any manual process to do the same; or

  • exploit the Website or the App for any commercial purpose, including without limitation using the Website or the App to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

We may end or restrict your use of the Website or the App, without warning and without liability to you or any third party. You understand that we have the sole right to determine in our reasonable discretion whether you are engaging in any unauthorized activity and/or violating these Terms of Use.

AVAILABILITY OF THE WEBSITES AND THE APPS; ACCESSING THE WEBSITES AND THE APPS

You are responsible for making all arrangements necessary for you to have access to the Website and the App. In order to fully access the Website or the App, you will need a computer, tablet, mobile phone or other device that can connect to the Internet with the minimum system requirements to operate a web browser.

Although we aim to offer you the best service possible, the Website, the App, or any content on them may not always be available or remain uninterrupted. Please note that we may suspend or withdraw or restrict the availability of all or any part of the Website or the App for business and operational reasons without notice (e.g., for repairs, maintenance and/or updates). We will attempt to restore the service as soon as we reasonably can. Except where required by applicable law, we will not be liable to you if for any reason the Website or the App is unavailable at any time or for any period.

We use reasonable efforts to ensure that the Website and the App are free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Website and the App (including any content thereon) will not cause damage to your computer or other device. You should use your own virus protection software. Except where required by applicable law, we are not 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 and the App.

CREATING AND SAFEGUARDING YOUR ACCOUNT

To use certain parts of the Website and the App, you may need to create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. You can access, edit, and update your Account by logging in at the applicable account login page. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us using the information in the “Contact Us” section if you know or have any reason to suspect that your Account or password have been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.

SUBMISSIONS

You agree that the e.l.f. Group may use your comments, reviews, feedback, suggestions, or questions, and any other submissions disclosed, submitted, or offered by you on or through the Website or the App (collectively, “Submissions”) without compensation, acknowledgement, or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the Website, App, or other products or services.

Submissions will become our property upon submission. By making a Submission, you irrevocably assign, transfer, and convey to us all right, title, and interest in and to the Submission, including all intellectual property rights therein. To the extent that the foregoing assignment of rights is ineffective or prohibited by law, you grant us a non-exclusive, worldwide, transferable, assignable, sublicensable, irrevocable, perpetual, fully paid-up, and royalty-free license to use reproduce, distribute, prepare derivative works, and display the Submission in connection with our business, including in order to promote our websites or our business.  You agree that you will not enforce any moral rights (or similar rights) you may have in any Submission.

By posting or submitting Submissions through the Websites or the Mobile Apps, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to assign, transfer, and convey us ownership of your Submissions or grant the rights granted for your Submissions. You agree that your Submissions will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described in the preceding paragraph.

Submissions should not include:

  • abusive, offensive, or otherwise inappropriate language;

  • 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;

  • comments about other reviewers or bloggers;

  • remarks that repeat criminal accusations, false, defamatory, or misleading statements;

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

  • spam or advertising; or

  • HTML code, computer script, or website URLs.

Each member of the e.l.f. Group (and its licensees), in each’s absolute discretion, reserve the right to not publish any Submission or remove it, take any appropriate action if deemed necessary, or remove reviews which do not comply with the provisions above.

There is no compensation (monetary or otherwise) provided in exchange for your Submissions.

Please note that the views expressed in Submissions are the opinions of those users and do not represent views, opinions, beliefs, or values of the e.l.f. Group or the views, opinions, beliefs, or values of any of the e.l.f. Group’s companies or affiliates.

VIRTUAL MAKEUP TRY-ON TOOL

The Virtual Makeup Try-On Tool uses a photo or live camera feed to show a simulation of how a product may look on the user in the image. The Company does not collect, keep, or disclose the photo, image, and/or video feed, or any data associated with them in connection with the Virtual Makeup Try-On Tool. In addition, the Company does not collect, keep, or disclose any biometric information or biometric data in connection with the Virtual Makeup Try-On Tool.

By using the Virtual Makeup Try-On Tool and/or any other applications, programs, or technologies that use your camera and/or device, you consent to the use of your camera and/or device to permit the tool to take or use your image and overlay a portion or region of the face in the image with an image of the selected cosmetic product.

Please note that the Virtual Makeup Try-On Tool may not be available on the Website or the App depending on the location in which you reside.

ELECTRONIC COMMUNICATIONS

By using the Website or the App, you agree that the e.l.f. Group may send you operational messages. You consent to receiving operational electronic communications and notices from the e.l.f. Group. You agree that any notice, agreement, disclosure, or other communications that the e.l.f. Group sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Any marketing messages the e.l.f. Group sends to you will be sent in accordance with our Privacy Notice and, if available in the jurisdiction which you live, with respect to text/SMS messages, the Text Message Terms and Conditions. You have the right to opt out of receiving marketing messages at any time. Please see our Privacy Notice (and, with respect to text/SMS messages, the Text Message Terms and Conditions) for more information regarding opting out of receiving marketing messages.

INTELLECTUAL PROPERTY RIGHTS

e.l.f. US is the owner or the licensee of all intellectual property rights in the Website and the App, and in the material published on them (the “Material”). The Material is protected by copyright laws and treaties around the world. ALL RIGHTS RESERVED.

The e.l.f. Group does not grant any implied right to you or any other person and do not transfer or assign any ownership or intellectual property interest or title in or to the Website or the App (including the Material) (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Website or the App (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes and may result in criminal or civil penalties.

You may not alter, delete, or conceal any copyright or other notices contained on the Website, App, or any Materials, including notices on any audio/visual material you access, download, transmit, display, print, or reproduce from the Website or the App.

You may not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Material without our express prior written consent.

All of our trademarks, service marks, and trade names used on the Website or App (including “e.l.f.”, “e.l.f. SKIN”, “e.l.f. eyes lips face” and all other names, logos, and icons identifying e.l.f. Cosmetics, e.l.f. SKIN, and their products and services) are proprietary trademarks of the e.l.f. Group or its affiliates in the U.S., Europe, and other countries. Except as otherwise permitted by these Terms of Use, they may not be used (including, without limitation, as domain names or account identifiers) without prior express written permission of the e.l.f. Group. All other trademarks (including other product and company names) that appear on the Website or App are the property of their respective owners, who may or may not be affiliated with or sponsor or endorse the e.l.f. Group (and who may or may not be endorsed by the e.l.f. Group).

DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others and require that the people who use the Website, App, and the e.l.f. Group’s products do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Website or the App infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • identification of the copyrighted work claimed to have been infringed;

  • identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;

  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Website or the App is our General Counsel, Scott K. Milsten, who can be reached as follows:

e.l.f. Cosmetics, Inc.
570 10th Street
Oakland, CA 94607
Attn: Legal Department
E-mail: DMCA@elfcosmetics.com

NO WARRANTY

The Website, App, and Materials are provided for general information only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Website or the App.

Although we make reasonable efforts to update the information on the Website and the App, we make no representations, warranties, or guarantees, whether express or implied, that the Website, App, or Materials are accurate, complete, or up-to-date. Please note that while we have tried to accurately display the colors and other features of our products, the colors and other features you see will depend on your monitor/screen, and the actual colors and features may vary. Further, we try to keep the Website and the App available, bug-free, and safe, but you use them at your own risk, and we do not guarantee that the Website or the App will always be available, safe, secure, or error-free, or that the Website or the App will always function without disruptions, delays, or imperfections.

Without limiting the foregoing, the Website, App, and their content are provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may rise from course of dealing or course of performance or usage of trade.

Applicable law in some locations does not allow the waiver of implied warranties set forth above, so this provision may not apply to you.

No advice or information, whether oral or written, obtained from us or through the Website or the App, will create any warranty or representation not expressly made herein. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

LIMITATION OF LIABILITY

To the extent not prohibited by law, you acknowledge and agree that in no event will the e.l.f. Group including any parents, subsidiaries, partners, licensors, joint ventures, distributors, administrators, third-party information providers, and any other persons or entities involved in the delivery of products, services, or information through the Website or the App, predecessors, successors, or assigns), and each such company’s owners, directors, officers, employees, counsel, representatives, and agents, as well as each of their insurers, co-insurers, reinsurers, and insurance brokers, and any other persons or entities acting by, through, under, or in concert with any of them, whether in the past, present, or future (the “e.l.f. Group Parties”) be responsible or liable to you or any third party, under any theory of responsibility or liability, for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits; business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these terms or otherwise, arising in any way in connection with the Website, the App, these Terms of Use, or any products procured through the Website, App, or the e.l.f. Group, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability, tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever, arising out of or related to your use or inability to use the Website or the App. You specifically acknowledge that the e.l.f. Group Parties shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Without limitation of the foregoing, and to the extent not prohibited by law, the total liability of the e.l.f. Group Parties for any reason whatsoever arising out of or related to the use of, or inability to use the Website or the App, these Terms of Use, or any products procured through the Website, App, or the e.l.f. Group Parties shall not exceed £100 or the amount paid by you for any products purchased through the Website or the App, whichever amount is greater. This liability, if any, shall be complete and exclusive. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Applicable law in some locations does not allow the limitation of liability of certain damages set forth above, including the provisions of this section that limit or exclude special, exemplary, consequential, or punitive damages, or limit or exclude the use of any multiplier on or increase to damages, and limit the liability of any of the e.l.f. Group Parties, to the greater of either £100 or the amount paid by you for any products purchased through the Website or the App. These limitations or exclusions may not apply to you. The provisions of this section do not apply to the extent, and only to the extent, not permitted by applicable law.

FORCE MAJEURE

In no event shall the E.l.f. Group Parties be DEEMED IN DEFAULT OR OTHERWISE liable to any Member for any delay in or failure to perform due to causes beyond their control, including, without limitation, any act of God, act of war, FIRE, EARTHQUAKE, BLIZZARD, FLOOD, DANGER TO PUBLIC HEALTH OR SAFETY, ACCIDENT, EXPLOSION, CASUALTY, STRIKE, LOCKOUT, LABOR CONTROVERSY, RIOT, CIVIL DISTURBANCE, ACT OF PUBLIC ENEMY, EMBARGO, WAR, LAW, ORDINANCE, REGULATION, LEGAL ORDER (UNLESS CAUSED BY the E.l.f. Group Parties’ DEFAULT THEREUNDER), FAILURE OR DELAY OF ANY TRANSPORTATION, POWER, OR COMMUNICATION SYSTEM, natural disaster, terrorism, pandemic or epidemic, or any act or omission of a third party.

INDEMNITY

Except to the extent prohibited by applicable law, you agree to indemnify and hold the e.l.f. Group from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the e.l.f. Group Parties arising from, in connection with, or relating to (a) your violation or breach of these Terms of Use; (b) your violation of any rights of any third party; and (c) your negligence or willful misconduct. You agree that the e.l.f. Group Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the e.l.f. Group in connection therewith. Except to the extent prohibited by applicable law, you will also indemnify and hold the e.l.f. Group Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website or the App.

ENFORCEMENT

You have no reasonable expectation of privacy while using the Website or the App because we reserve the right to view, monitor, and/or record activity on the Website or the App (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website or the App may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by us for use of or with the Website or the App. Moreover, you also acknowledge that any breach, threatened or actual, of these Terms of Use by you may cause irreparable injury to us and/or our licensors, such injury would not be quantifiable in monetary damages, and we and/or our licensors would not have an adequate remedy at law. You therefore agree that we and/or our licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that we or our licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to us to enforce any provision of these Terms of Use.

LINKS TO OTHER WEBSITES; LINKS TO THE WEBSITES OR THE APPS

The Website or the App may include links to third-party websites. These links are provided for your information only. We do not control and are not responsible for the content or privacy policies of any linked website, and the inclusion of any link on the Website or the App does not imply our endorsement or approval of it. We are not responsible for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites.

You may link to the Website or the App, as long as you do so in a way that is non-commercial, is fair and legal, and doesn’t damage or take advantage of our reputation. You may not link in a way that suggests any form of approval or endorsement by us where none exists. The Website and the App may not be framed on any other website without our permission.

We reserve the right to withdraw linking permission without notice.

GOVERNING LAW

These Terms of Use and all disputes, actions, claims, or other controversies concerning or arising in any way out of your use (or lack of use) of, access (or lack of access) to, or a purchase from, the Website or the App; the Virtual Makeup Try-On Tool; these Terms of Use or any Additional Terms; any product or service; any advertising or promotion of the e.l.f. Group (or its affiliates); or communication with the e.l.f. Group (or its affiliates) (collectively, a “Dispute”), whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis shall be governed by and construed in accordance with the laws of England and Wales. “Dispute” will be given the broadest possible meaning allowable under law.

Except where prohibited by applicable law, by using the Website or the App or our product or services, you irrevocably agree that courts located in London, England shall have exclusive jurisdiction to settle any Dispute arising out of or in connection with these Purchase Terms or its subject matter or formation; except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a resident of Scotland, you also may bring proceedings in Scotland.

MISCELLANEOUS

You agree that you will not export or re-export, directly or indirectly, the Website, App, and/or other content, tools, features, functionality, information, or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the foregoing may not be exported or re-exported to any Prohibited Person or Prohibited Country. You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations.

If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Website or the App, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you, in each case for the sole purpose of enabling you to use the Website and the App, as permitted by these Terms of Use and any Additional Terms.

These Terms of Use do not affect your statutory rights or your legal rights, if any, as a consumer.

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms of Use, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms of Use nor the remaining provisions herein (except as set forth above with respect to the class action waiver), and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.

Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision.

We may assign these Terms of Use in whole or in part. Moreover, we may delegate our rights and responsibilities, including to e.l.f. UK, or use contractors or agents to fulfill our obligations under these Terms of Use.

These Terms of Use represent the entire agreement between you and us in connection with your use of the Website or the App, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to the Website and the App.

Any rights not expressly granted herein are reserved by the Company. Please note that the Company reserves the right to change these Terms of Use and by which the Website and the App are extended to you by providing you in writing or electronically a copy of such revised terms (or notice thereof).

We may revise these Terms of Use at any time by updating this page. By using the Website or the App, you agree to be bound by any such changes. Every time you wish to use the Website or the App, please check these Terms of Use to ensure you understand the terms that apply at that time. We may update and change the Website or the App from time to time to reflect changes to our products, our customer’s needs, and our business priorities.

CONTACT US

If you have any questions, concerns, or complaints about these Terms of Use, please contact us as follows:

e.l.f. Cosmetics / e.l.f. SKIN

Webform: www.elfcosmetics.co.uk/contact-us

Phone: (212) 239-1530
Weekdays 9:30am-5:30pm ET

Email: elfcare@elfcosmetics.co.uk

Writing: e.l.f. Cosmetics, Inc.
570 10th Street
Oakland, CA 94607
ATTN: Legal Department