TERMS & CONDITIONS
- By placing an order, you agree to be bound by the Terms and Conditions set out below. If you DO NOT agree to be bound by these Terms and Conditions, you may not place an order with ELLIE SHAI.
- IMPORTANT NOTE: Your attention is particularly drawn to the following Sections (RIGHT TO CANCEL; NO RETURNS; REFUNDS; ORDER ALTERATIONS), Section 4 and Section 5 (PRICE AND PAYMENT), and Section 17 and Section 18 (LIMITATION OF LIABILITY; FDA DISCLAIMER). These provisions limit our liability to you and affect how disputes are resolved.
- Product prices shown on the website are in U.S. Dollars and are valid and effective only in the United States. Product prices shown on the website may change from time to time. Such prices do not include shipping and handling costs and do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process.
- All prices and transactions will be concluded in English. The price of the product will be the price indicated on the email acknowledgment sent by us upon completion of your order.
- If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates are applied by your credit card or banking institution. They are beyond our control and are the sole responsibility of the purchaser.
ACCEPTED PAYMENT METHODS
- Credit Cards: We accept Visa, MasterCard, American Express, and Discover cards. Payment is captured once you submit your order. We also accept ApplePay, Google Pay, ShopPay and Klarna at checkout. Credit card must already be on file with those merchants and your credit card billing address must match your shipping address.
- Full payment is due upon order placement and you will be charged when you press the 'Pay Now’ or its equivalent button at the end of the checkout process.
- We DO NOT conduct business via Cashapp or Zelle. NO EXCEPTIONS!
- We accept Venmo at our in-person Vendor Events, Craft Fairs, Pop-Up Shops, etc.
- Gift cards are digital, you will not receive a physical card. Cards are automatically loaded on the day of purchase and sent to your email address.
- Gift Cards are not reloadable, they’re non-transferrable and they’re non-refundable. Gift Cards may not be used to purchase other gift cards. Violation of this policy will result in your entire order being cancelled and refunded.
- Gift Cards are Valid on Full-Priced items only; May not be combined with any other Sale, Promotion or Clearance item. Violation of this policy will result in your entire order being cancelled and refunded.
- If you do not use the gift card, you will not be refunded for its value should it expire. Please be advised that our gift cards expire 5 years after purchase, the minimum allowed under U.S. Federal Law.
We Do Not offer Pre-Orders, we only sell products currently in stock. Signup for our email list to receive alerts on product restocks.
WHOLESALE / CUSTOM ORDERS / WHITE LABEL
Currently we are only accepting Wholesale, Custom and White Label Orders for the following products:
- Jar Candles
- Abstract Candles
PROMO CODE / PRICE ADJUSTMENT
- When running general sales for everyone, we will have codes in our system to automatically take off percentages, allow BOGO (Buy One, Get One Sales), etc. Negating the need to type in a discount/ promo code.
- When running a flash sale, a code will be given out via email, text or social media. Promo Code must be typed in the exact format given and applied at time of checkout- You must press "Apply" to see the order total update.
- Discount codes cannot be combined with store credits, bundle deal discounts, ambassador discount codes or gift cards. Discount codes cannot be applied to previous purchases, nor can they be retroactively applied after a new order has been placed.
- We DO NOT allow Price Adjustments under any circumstances. Unless otherwise expressed, customers are responsible for entering all Discount Codes, Coupon Codes, Promo Codes, etc… for % off and/or Free Shipping, etc. at checkout. If you fail to use the codes provided, prices will not be adjusted. There will be no credit or refund given.
CAN I CHANGE MY ORDER?
- Yes, if you wish to swap out Scents ONLY! For example: If you ordered a Cashmere Diffuser, when you wanted an Onyx Diffuser.
- We begin processing orders as they come in, you have 1 hour from time of purchase to contact us about the change.
- Accommodations based on availability of product ( s ) in question.
- Please double check your information prior to submitting your order.
CAN I CREATE AN ACCOUNT?
Register for an account and enjoy the following benefits:
- Track your orders and review past purchases.
- Save your addresses for quicker check out.
- Manage account details and email preferences.
WHERE’S MY TRACKING INFO?
- Once your order has shipped, you will receive tracking information via email. If you haven't received an email, please contact us and we will resend you the tracking information.
- Please allow 24 - 48 hours for tracking information to be updated in the carriers system.
- Please Do Not DM, Comment or Tag Us on social media posts about your order. ALL order communications, updates, etc. will be handled via customer service on our Contact Us page.
- If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then we will refund you. Please note that it can take up to 7 business days for the bank to transfer the funds back to you.
- Order may be declined if: (a) the product is out of stock; (b) we were unable to authorize your payment or your billing information is not verifiable; (c) because of unexpected limits on our resources which we could not reasonably plan for; (d) an error in the price or description of the product; (e) in our sole discretion, the order appears to be placed by dealers, resellers or distributors or otherwise appears fraudulent;(f) your order is flagged by our security systems as an unusual order or an order susceptible to fraud; (g) we could not deliver to the address provided by you; or (h) due to an event outside of our control (see below).
- We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause beyond our reasonable control. If our supply of the products is delayed by an event outside our control then we will contact you to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
HIGH RISK ORDERS / CHARGEBACKS
- Orders flagged as High Risk in our system will automatically be cancelled and refunded.
- The billing and shipping address must match. No Exceptions!
- Orders will only be delivered to billing address attached to credit card used for purchase.
- ELLIE SHAI keeps detailed records; Fraudulent Chargebacks will be investigated and contested with your bank or any other financial institution associated with the order.
- We will provide them with all necessary information to fight ANY and ALL fraudulent disputes made by customers.
- ELLIE SHAI takes fraudulent activity seriously. We are committed to protecting our customers and their financial information.
- ELLIE SHAI RESERVES THE RIGHT TO CANCEL ANY ORDER, AT ANY TIME, FOR ANY REASON! ELLIE SHAI IS NOT LIABLE FOR FRAUDULENT PURCHASES MADE ON OUR WEBSITE. OUR SHOPIFY SYSTEM FILTERS AND FLAGS ALL ORDERS DEEMED TO BE HIGH RISK. ALL HIGH RISK ORDERS ARE IMMEDIATELY CANCELLED AND REFUNDED.
- If you believe that you have been a victim of Identity Theft: Please be sure that fraud has actually occurred prior to beginning the following steps:
- CONTACT YOUR BANK OR FINANCIAL INSTITUTION IMMEDIATELY TO REPORT THE CHARGES, FLAG YOUR ACCOUNT AND FILE A DISPUTE. IT MAY BE NECESSARY TO FILE A POLICE REPORT.
- ENTIRE AGREEMENT: These Terms of Sale (including any incorporated terms or policies) constitute the entire agreement between you and ELLIE SHAI with respect to your transaction for the purchase of products.
- AGE RESTRICTIONS: By placing an order for a product, you represent that you are at least the age of majority in your country, state or province of residence. (You are at least 18 years of age in the U.S.).
- TAX-EXEMPT STATUS: ELLIE SHAI through Shopify will automatically charge the appropriate taxes on all products to all customers, excluding those that are tax-exempt. Tax-exempt customers are required to email the appropriate documentation of their tax exempt status in order to qualify for tax exempt purchases. Send us a message on our Contact Us page. Be prepared with the appropriate current and up to date documentation and government issued photo identification ( valid drivers license, ID card, passport, etc). Once verified we will generate an invoice for you, payment is due upon receipt of invoice. Products will not be held should you choose not to pay the invoice within timeframe given. Failure to make us aware of your tax-exempt status will result in you being charged the regular tax fees for your respective area. Whereby this notice is your acknowledgment that there is no fault or liability on the part of ELLIE SHAI, as the customer is the only one with knowledge of one's personal or business tax-exempt status.
- CREDIT CARD AUTHORIZATION: You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order.
PSA: SYSTEM GLITCHES
- Should there be a glitch in our system, We reserve the right to cancel ANY and ALL subsequent orders.
- Please be advised that honoring mistakes within our system is at the complete discretion of ELLIE SHAI.
- Any products returned to ELLIE SHAI or our P.O. Box without prior authorization between customer and customer service will result in the following:
- You will first be alerted that we are not accepting these products. If you would like them back you will need to pay the package reship fee first and then we will ship via USPS.
- If you don’t want the products back they will become the rightful property of ELLIE SHAI. All products will be thrown away, NO store credit will be given and your order will NOT be refunded for failure to adhere to our policies.
LIMITATION OF LIABILITY
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
- IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
- OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE, VENDOR EVENTS OR WHOLESALE DISTRIBUTION POINT.
- The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.