Updated at 2024-01-01

Thank you for using the Elf & Shelf (“the Service”) Elf & Shelf Pte. Ltd. (“the Company”) hereby grants you access to www.elfshelf.com.sg (“the Website”) and invites you to explore and purchase the products offered here.

1) Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

·       Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

·       Company: when this policy mentions “Company”, “Elf & Shelf”, “we”, “us” or “our” it refers to Elf & Shelf Pte. Ltd., a company incorporated in the Republic of Singapore that is responsible for your information under this Terms & Conditions.

·       Country: where Elf & Shelf or the owners/founders of Elf & Shelf are based, in this case the Republic of Singapore

·       Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Elf & Shelf and use the services.

·       Service: refers to the service provided by Elf & Shelf as described in the relative terms (if available) and on this platform.

·       Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

·       Website: Elf & Shelf’s site, which can be accessed via this URL: https://www.elfshelf.com.sg

·       You: a person or entity that is registered with Elf & Shelf to use the Services.

2) Introduction

By accessing and placing an order with Elf & Shelf, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Elf & Shelf.

Under no circumstances shall Elf & Shelf team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Elf & Shelf team or an authorized representative has been advised of the possibility of such damages.

Elf & Shelf will not be responsible for any outcome that may occur during the course of usage of our Service. We reserve the rights to change prices and revise the Service at any moment.

3) Agreement

These Terms & Conditions are a contract between you and Elf & Shelf Pte. Ltd. (referred to in these Terms & Conditions as “Elf & Shelf”, “us”, “we” or “our”), the provider of the Elf & Shelf website and the services accessible from the Elf & Shelf website (which are collectively referred to in these Terms & Conditions as the “Service”).

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Elf & Shelf Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

You acknowledge and agree that Elf & Shelf may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Elf & Shelf when you stop using the Service. You acknowledge and agree that if Elf & Shelf disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

4) Return and refund policy

Thanks for shopping at Elf & Shelf! We appreciate the fact that you like to buy our range of Scandinavian products we bring in for you. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.

As with any shopping experience, there are terms and conditions that apply to transactions at Elf & Shelf. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at Elf & Shelf, you agree to the terms set forth below along with our Return & Refund Policy.

If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.

5) Restrictions

You agree not to, and you will not permit others to:

·       License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.

·       Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.

·       Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Elf & Shelf or its affiliates, partners, suppliers or the licensors of the website.

6) Intellectual property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Elf & Shelf, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Elf & Shelf, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

7) Copyright infringement notice

If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

8) Your suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Elf & Shelf with respect to the website shall remain the sole and exclusive property of Elf & Shelf.

Elf & Shelf shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

9) Updates to our website

Elf & Shelf reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

Elf & Shelf may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the website. You agree that Elf & Shelf has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

10) Third-party services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

You acknowledge and agree that Elf & Shelf shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Elf & Shelf does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

11) Indemnification

You agree to indemnify, defend and hold harmless Elf & Shelf and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Service; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party. 

12) Disclaimers

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Elf & Shelf, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Elf & Shelf provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Elf & Shelf nor any provider makes any representation or warranty of any kind, express or implied: 

      i.         as to the operation or availability of the Service, or the information, content, and materials or products included thereon;

    ii.         that the Service will be uninterrupted, uncorrupted, timely, or error-free;

   iii.         as to the accuracy, reliability, or currency of any information or content provided through the Service; or

   iv.         that the Service, its servers, the content, or e-mails sent from or on behalf of Elf & Shelf are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Elf & Shelf specifically disclaims all warranties and representations in any content transmitted on or in connection with the Service or on sites that may appear as links on the Service, or in the products provided as a part of, or otherwise in connection with, the Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

No oral advice or written information given by Elf & Shelf or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.

13) Limitation of liability

Notwithstanding any damages that you might incur, the entire liability of Elf & Shelf and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to and will not exceed the amount actually paid or payable by you to us under these Terms in the twelve (12) months immediately preceeding the claim.

To the maximum extent permitted by applicable law, in no event shall Elf & Shelf or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Elf & Shelf or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

14) Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Elf & Shelf on the Services, shall constitute the entire agreement between you and Elf & Shelf concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Elf & Shelf’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND ELF & SHELF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15) Waivers

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Except as provided herein, to failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

16) Equitable relief

You acknowledge and agree that your breach of this Agreement in some cases may cause Elf & Shelf irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Elf & Shelf may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.

17) Dispute resolution

The term “dispute” means any dispute, action, or other controversy between you and Elf & Shelf concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

In the event of a dispute, you or Elf & Shelf must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: hello@elfshelf.com.sg. Elf & Shelf will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address.

In the event of any controversy or claim arising out of or relating to these Terms, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach an informal resolution satisfactory to both parties. All negotiations will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.

If the parties do not reach settlement within a period of sixty (60) days from the date the Notice of Dispute is sent, either party may pursue relief as may be available under these Terms pursuant to Section 18 (Governing law). 

18) Governing law

These Terms will be governed by and construed in accordance with the applicable laws of the Republic of Singapore. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to these Terms must be brought solely and exclusively in the Republic of Singapore, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in the Republic of Singapore, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. In any action or proceeding to enforce a party’s rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.

19) Submissions and privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Elf & Shelf without any compensation or credit to you whatsoever. Elf & Shelf and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

20) Typographical errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

21) No employment, partner or agency relationship

No provision of this Agreement, or any part of relationship between you and Elf & Shelf, is intended to create nor shall they be deemed or construed to create any relationship between you and Elf & Shelf other than that of and end user of the Website provided.

22) Promotions

Elf & Shelf may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

23) Cookies

Elf & Shelf uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

24) Links to other websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Elf & Shelf. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

25) Term and termination

This Agreement shall remain in effect until terminated by you or Elf & Shelf.

Elf & Shelf may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Elf & Shelf, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting your account with Elf & Shelf.

Upon termination of this Agreement, you shall cease all use of the website.

Termination of this Agreement will not limit any of Elf & Shelf’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

26) Survival

The following provisions will survive any termination or expiration of these Terms: (5) Restrictions, (6) Intellectual property, (7) Copyright infringement notice, (11) Indemnification, (12) Disclaimers, (13) Limitation of liability, (14) Severability, (15) Waivers, (16) Equitable relief, (17) Dispute resolution, (18) Governing law, (27) Miscellaneous and (28) Entire agreement.

27) Miscellaneous

Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Elf & Shelf. Elf & Shelf will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.

Elf & Shelf operates and controls the Elf & Shelf Service from its offices in Singapore. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

Accordingly, those persons who choose to access the Elf & Shelf Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms & Conditions (which include and incorporate the Elf & Shelf Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Elf & Shelf concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

28) Entire agreement

The Agreement constitutes the entire agreement between you and Elf & Shelf regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Elf & Shelf.

You may be subject to additional terms and conditions that apply when you use or purchase other Elf & Shelf’s services, which Elf & Shelf will provide to you at the time of such use or purchase.

29) Your consent

We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

30) Changes to this agreement

We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the Service constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the Service.

By continuing to access or use our Service and Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Elf & Shelf.

31) Contact us

Don’t hesitate to contact us if you have any questions.

·       Via Email: hello@elfshelf.com.sg