TERMS & CONDITIONS

Welcome to www.elaiobody.com (the “Site”), a website owned and operated by ELAIO ('ELAIO') and its associates, successors and assigns (collectively referred to as ‘us’, ‘we’ and ‘our) are providing their goods and services to you (the person making an order with us) subject to the following terms, which are also known as our terms and conditions of trade (“Terms of Trade”). By agreeing to purchase a product from us, you agree to be bound by these Terms of Trade.

If you need to contact a ELAIO representative please contact us on hello@elaiobody.com ELAIO reserves the right to change and alter these terms without giving prior notice and it is up to the user of the website to take responsibility to return to this page to review any changes that have been made. Any changes made to these Terms take effect from the exact time of posting on this website. It is advised before the purchase of any product that you review this section. The last time these Terms and Conditions were altered was in, MAR 2019.


Prices, Payment and Product Availability

Once an order has been made, you must pay the price stated on our website as being the purchase price for the relevant products (subject to the below paragraphs). It is your responsibility to confirm what is in your cart prior to making a purchase. We do not provide refunds for products that are mistakenly purchased. Payment may only be made in the methods provided on our website. We will not ship any ordered products until payment for those products have been received. Unless otherwise stated, the price of our products does not include shipping and handling costs.


By placing an order with us, you warrant and represent to us that:


You understand the nature and effect of these Terms and agree to be bound by them;

You are authorised and legally permitted to purchase the products being ordered;

You are authorised and legally permitted to effect payment for the products being ordered using the payment method selected;

The information provided to us in connection with your purchase is accurate and complete.

You agree to indemnify us against any and all expenses, losses, damages or costs that we may sustain or incur in connection with any breach by you of the above warranties.


ELAIO will attempt to make the product and quantities advertised on this site available at all times. However this cannot always be guaranteed. ELAIO does not make any warranties with respect to the availability of its products and will not be liable for any products that are not available at the time of your checkout. The customer will be notified as soon as is reasonably possible when this occurs and advised on what to do to solve this problem. With the exception of those products purchased on a subscription basis, ELAIO prices are subject to change without notice.


ELAIO reserves the right to refuse or terminate/cancel orders when there has been website malfunction or error such as technical difficulty, an incorrect price has been displayed, your billing or shipping information is incorrect, we have grounds to believe that you are not authorised or legally permitted to make the relevant purchase, we have grounds to believe that you have breached these Terms or any force majeure events have occurred.


Notification to the customer will be facilitated immediately after this has been notified to us and any payment already received from the customer will be refunded.


Promotions

We may, from time to time, run promotions where certain products, or a combination of products, are offered for sale at a discounted price.


All promotions are subject to availability and while stocks last.


Any products purchased outside of the advertised time frame set out by ELAIO will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on ELAIO's platforms.


Terms of Product Use

You must only use the products in accordance with the instructions provided and only for the purpose in which they are provided. Nothing in these terms provide you with any entitlement or right to sell, licence or distribute our products to third parties.



Returns Policy

If you consider that an item is defective and you are entitled to a replacement or a refund, you must first email hello@elaiobody.com and describe your problem.

We here at ELAIO are not able to refund purchases unless the product is defective or you qualify for a refund in accordance with our Money Back Guarantee.

ELAIO will offer a refund for defective items only if the defective product is returned to us, or you provide us with a video demonstrating (to our satisfaction) that the product is defective, within 30 days of your receipt of the same. We will review your claim as soon as we can and, if we are satisfied that your product is defective, we will provide you with a refund for the defective product.


If you elect to return the defective product to us, it is your responsibility to pay for shipping costs upon return. Refund will be limited to the cost of the item being returned via regular post, not express. An item returned via express is the responsibility of the user and a partial refund of only the actual regular mail will be refunded. It is the user’s responsibility to be aware of this.



Limitation of Liability

To the maximum extent permitted by the applicable law:


we do not make any warranties or representations other than those expressly set out in these Terms; and

all terms, representations and warranties that may be excluded by law regarding our products and the provision of them are expressly excluded from these Terms.

If any legislation implies into these Terms any term or warranty and also prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under, that term or warranty, is deemed to be included in these Terms.


To the maximum extent permitted by the applicable law, we expressly exclude liability for any:


indirect, special, incidental, or consequential loss or damage suffered by you which may arise in connection with these Terms, or the provision of our products, their use, or in respect of other equipment or property;

loss, damage or expense that you may incur or suffer (as the case may be) as a consequence of any act or omission of any third party service provider; and

loss of profit, business, revenue, goodwill or anticipated savings.

If any legislation or law implies into these Terms any term or warranty and also prohibits provisions in a contract excluding the application or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our sole option, to any one or more of the following:


the supplying of our products again; or

the payment of the cost of having the products supplied again.

To the maximum extent permitted by law, if for any reason we are directly or indirectly liable to you in respect of any products provided, our maximum aggregate liability in respect of all claims made by you will be the amount charged by us in respect of those products.



Dispute Resolution

Unless otherwise specifically provided in these Terms, a party to these Terms must not commence court proceedings, save for proceedings seeking interlocutory relief, in respect of a dispute arising out of these Terms unless it has complied with the provisions of the below dispute resolution process.



A party must give the other a notice (dispute notice) setting out:


what the party considers is in dispute; and

what that party requires to be done to resolve the dispute and the grounds it has for those requirements.

If the dispute is not resolved within five (5) business days of delivery of the dispute notice, the parties must, within two (2) business days, appoint a mediator approved by both parties or a mediator appointed by the President of the Queensland Law Society. The parties must ensure that the mediation is held and concluded within 15 days of the appointment of the mediator.


Evidence of anything said or done in the course of attempting to settle a dispute is not admissible in any subsequent proceedings.


During the dispute resolution process the parties must continue to act in accordance with these Terms.


If the dispute is not resolved by mediation within 30 days of the delivery of the dispute notice then either party may terminate the mediation.


Costs associated with the appointment of a mediator shall be borne equally between the parties to the dispute.


Subject to the above paragraph, each party must pay its own legal costs and disbursements connected with the dispute.



Intellectual Property

Except to the extent owned by our suppliers or licensors, we own all Intellectual Property Rights subsisting in our website, our products and our branding. Nothing in these Terms or our website in any way grants you any right or entitlement of whatever nature in respect of our Intellectual Property Rights.


We reserve all rights, title and interests in our Intellectual Property Rights.


For the purposes of this paragraph, Intellectual Property Rights means intellectual property rights conferred by statute, common law or equity in any part of the world including (without limitation) patents, trademarks, copyright and neighbouring rights, designs, domain names, know how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or not, and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions.



General

With the exception of those terms provided on our website, these Terms contain the entire agreement between the parties here to and no representations, inducements, promises or agreements oral or otherwise not embodied herein shall have any force or effect other than as expressly provided in this document or subsequent to the date hereof in writing and signed by a proper and duly authorised representative of the party to be bound thereby.


If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.


These Terms are governed by and is to be construed in accordance with the law applicable in Queensland, Australia.


Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.


Any failure or delay by us to exercise a power or right does not operate as a waiver of the power or right. The exercise of power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless in writing. A waiver of a power or right is effective only in respect of the specific instances to which it relates and for the specific purpose for which it is given.


You must not assign your rights or obligations pursuant to these Terms to any other person without our prior written consent.