Terms of service

General Terms and Conditions of Elixir Naturals Inc. Last Revised September 19 2021.

By purchasing a product from Elixir Naturals Inc. you are agreeing to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and the terms of the warranty described in the Elixir Naturals Inc. Limited Warranty included with your purchase. Note that we reserve the right to change these Terms & Conditions at any time.

The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction. Nothing in these Terms & Conditions will affect those other superseding legal rights.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS OF ANY KIND.

Definitions. The terms below have the meaning in these Terms & Conditions as set out below. Other terms may be defined elsewhere in these Terms & Conditions and have the meaning ascribed to them. “Product” means any goods purchased through the Site. “Site” means the website www.elixirnaturals.ca and all of its sub-domains. “you” or “your” means the person purchasing Product from Elixir Naturals Inc. 

1. Elixir Naturals Inc. Product Pricing:

1.1 All prices as displayed on the Site and on other materials originating from Elixir Naturals Inc. are exclusive of any sales taxes. Sales tax is charged on certain orders as required by law and depends on your specific location. All sales taxes, or any value added or other taxes will be displayed at the point of checkout.

1.2 If shipping costs are charged, these will be clearly stated on the Site before purchase. The shipping costs will be displayed separately in the ordering process.

1.3 Elixir Naturals Inc. pricing and the availability of the Product can change at any time without notice. Prices indicated are in CAD dollars and we will indicate to you any other applicable shipping charges and taxes prior to your purchase. By your purchase, you agree to indemnify and hold Elixir Naturals Inc. harmless from and against any liabilities, interest, penalties or fees arising from a failure to pay any such charges or taxes for which you may be liable.

2. Products:

2.1 Elixir Naturals Inc. may change the Product (i) to reflect any changes in relevant laws and regulatory requirements and (ii) to implement minor technical adjustments and improvements. These changes will not affect the Client’s use of the Product.

2.2 Products offered are intended for personal use. Elixir Naturals Inc. reserves the right to refuse to sell Products to you if it reasonably appears to us that you intend to resell such Products. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of Products purchased by each customer or to refuse to provide any customer with any such Products. Your properly completed and delivered order form through the Site constitutes your offer to purchase the goods or services referenced in your order. Your order will be deemed to be accepted only if and when Elixir Naturals Inc.sends an order acceptance and shipping notice email to your email address.

3. Payment and Electronic Communications

3.1 If you place any orders for Products on the Site, you are expressly agreeing that Elixir Naturals Inc. is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Elixir Naturals Inc. You agree that the fees will be billed to your payment card or PayPal account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable, as applicable. If payment is not received or cannot be charged to your payment card or PayPal account for any reason in advance of shipping your order, Elixir Naturals Inc. reserves the right to either suspend or terminate your order.

3.2 Elixir Naturals Inc. reserves the right, at any time, to change its prices and billing methods for Products sold, effective immediately upon posting on the Site or by electronic communications to you.

3.3 By using the Site, you consent to receiving electronic communications from Elixir Naturals Inc. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and services. These electronic communications are part of your relationship with Elixir Naturals Inc. and you receive them as part of your Product order. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

4. Orders and Shipping

4.1 Upon acceptance of your order, Elixir Naturals Inc. will confirm receipt of acceptance of the offer by electronic means. If you have provided any incorrect or inaccurate information, Elixir Naturals Inc. will have the right to suspend its obligations until the correct data has been received. Products will be delivered to the shipping company you selected during the ordering process and the shipping company will be responsible to deliver the Products to you. You hereby authorize Elixir Naturals Inc. to engage the shipping company and other third parties in the fulfillment of its obligations to deliver Products to you. ANY TERMS OR CONDITIONS STATED BY YOU IN YOUR ORDER THAT PURPORT TO AMEND, MODIFY, ALTER, OR SUPPLEMENT THESE TERMS & CONDITIONS ARE HEREBY REJECTED AND WILL BE OF NO FORCE OR EFFECT UNLESS SIGNED AND AGREED TO BY AN OFFICER OF ELIXIR NATURALS INC.

4.2 Any estimated arrival or delivery date provided by Elixir Naturals Inc. is not a guarantee. Although Elixir Naturals Inc. will make reasonable effort to meet estimated dates, delivery of the Product may take more or less time than estimated and Elixir Naturals Inc. disclaims any loss, damage, or injury resulting from a delay in arrival or delivery. If Elixir Naturals Inc. is unable to deliver the Products within thirty (30) days after it confirms acceptance of the order, it will notify you accordingly. In such event, you have the right to either agree to a new delivery date or to cancel your purchase without incurring any costs, and you will receive a refund for any Products paid for but not received. You are advised to inspect the Products upon receipt and to report any defects within two (2) business days after delivery, in writing or by email.

4.3 Title to and risk of loss of the Product transfers to you upon delivery by the carrier to the address specified in your order.

4.4 If the ordered Product is out of stock or can no longer be supplied for any other reason, Elixir Naturals Inc. may cancel the order by notifying you in writing, or deliver a Product that is comparable in nature and quality to the ordered Product. In the case of delivery of a substitute Product, you will have the right to cancel your purchase within five (5) days and receive a refund of the monies paid, providing you return the Product to Elixir Naturals Inc., which will pay the return shipping cost if shipped in a manner specified by Elixir Naturals Inc. Refunds of monies paid will be made within thirty (30) days of receipt of the returned Product.

4.5 Elixir Naturals Inc. does not authorize the sale of Products by unauthorized resellers and does not sell or supply Products to unauthorized resellers. An order placed by an unauthorized reseller will be rejected without stating reasons and the such unauthorized customer may be excluded by Elixir Naturals Inc. from the Site.

5. Limited Warranty and Returns

5.1 Elixir Naturals Inc. warrants that the Products will meet their published specifications. Without limiting the generality of the foregoing, Elixir Naturals Inc. makes no representation or warranty that the quality of any goods, services, information or other materials purchased or obtained through the Site or that a particular Product will achieve any result of any kind.

5.2 If a delivered Product fails to comply with this limited warranty, you must notify Elixir Naturals Inc. thereof within thirty (30) days. You can submit a complaint by email or in writing. Elixir Naturals Inc. will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If Elixir Naturals Inc. is unable to formulate a substantive response to the complaint within such period, Elixir Naturals Inc. will confirm receipt of the complaint and give an indication of the time within which it expects to be able to give you a substantive or definitive response. The warranty liability of Elixir Naturals Inc. is limited to your purchase price for the Product unless otherwise prohibited by law.

5.3 All returns must be accompanied by all original Product components in the original packaging, sealed, unopened and unused. If you are unable to return the Product in its original condition with its receipt and we are unable to verify the original purchase price of the Product, your refund will be in the form of Elixir Naturals online store credit equal to the lowest selling price at which the Product was sold by Elixir Naturals Inc.

Elixir Naturals Inc. reserves the right to limit returns if we have reason to suspect misuse of our returns policy (such as excessive returns, reseller activity, or fraud). Only returns from the original purchaser will be accepted. For purchases from an authorized reseller, all warranty returns should be made directly to the reseller.

5.4 If you purchase a Product from an unauthorized reseller, the warranty is not valid and NM Beauty Industries B.V. has no warranty obligation of any kind. Please be aware that there are some websites or dealers (e.g. eBay, Amazon, etc.) who claim to be authorized resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from Elixir Naturals Inc. When you purchase products from an unauthorized website, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase Products through the Site or from an authorized reseller. If you have any questions about authorized resellers, please contact us. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.

5.5 Elixir Naturals Inc. reserves the right to repair, replace or (partially) refund the cost of a Product. Elixir Naturals Inc. will only pay the costs of return and other shipping costs in case of defective or misdescribed Products.

5.6 Disclaimer of Warranties:

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ELIXIR NATURALS INC. HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. THE PRODUCTS AND DOCUMENTATION PROVIDED BY ELIXIR NATURALS INC. IN CONNECTION WITH THESE TERMS & CONDITIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ELIXIR NATURALS INC. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. ELIXIR NATURALS INC. DOES NOT WARRANT THE RESULTS OF USE OF THE PRODUCTS. EACH PARTY ACKNOWLEDGES THAT IT HAS RELIED ON NO REPRESENTATIONS OR WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT.

6. Limitations of Liability:

6.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELIXIR NATURALS INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE AND ANY NON-ECONOMIC LOSSES, EVEN IF IT HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 Limitation of Damages. ELIXIR NATURALS INC. AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, AGENCY, WARRANTY, TRESPASS, OR ANY OTHER THEORY OF LIABILITY, WILL BE LIMITED TO THE FEES RECEIVED BY ELIXIR NATURALS INC. FOR THE PRODUCT(S) FIRST GIVING RISE TO THE LIABILITY.

6.3 Allocation of Risk and Material Term. THIS SECTION ON LIMITATIONS OF LIABILITY WILL SURVIVE TERMINATION OF THE AGREEMENT. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN THE PARTIES. THE FEES PROVIDED FOR IN THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND THE LIMITATION OF LIABILITY AND SUCH LIMITATION WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

7. Force Majeure:

Notwithstanding any other provision of these Terms & Conditions, neither party will be liable to the other party for any delay in performing or failure to perform any of its obligations under this Agreement to the extent performance is delayed or prevented due to Force Majeure. “Force Majeure” will mean causes that are beyond the reasonable control of the party claiming Force Majeure and that could not have been avoided or prevented by reasonable foresight, planning or implementation by the party claiming Force Majeure, including without limitation: (a) any act of God, fire, explosion, lightning, storm, flood, earthquake, or accident; (b) war, terrorism, hostilities, civil war, insurrection, riot, civil unrest, commotion or acts of a public enemy; (c) labor shortages, strikes, lock-outs, or other labor, industrial or trade action, disputes, disruption or disturbances (whether involving its employees or those of any other person); (d) theft, sabotage, malicious damage, fraud, epidemic, pandemic, plagues, or quarantine restrictions; or (e) failure, malfunction or unavailability of power, telecommunications, data communications, or related services. Any delay or failure of this kind will not be deemed to be a breach of these Terms & Conditions and the time for performance of the affected obligation will be extended by a period that is reasonable in the circumstances.

A party claiming the benefit of this clause will use reasonable efforts to mitigate the effect of any of the events or circumstances referred to above and will promptly advise the other party of the date by which its performance may reasonably be expected to resume.

 

8.PRIVACY POLICY/DATA COLLECTION:

By entering the Giveaway, you grant Sponsor permission to share your Instagram account handle, E-mail address and any other personally identifiable information with Instagram or with any co-sponsor solely for the purpose of administration and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described above herein or in the privacy policy.

Should you have any questions, complaints or comments after reading the General Terms and Conditions, or if you need to provide us with notice, please contact us by email.

Info@elixirnaturals.ca