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OVERVIEW
This website is operated by Elavate Superfoods. Throughout the site, the terms “we”, “us” and “our” refer to My Store. My Store offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
1. ORDER PLACEMENT AND ACCEPTANCE; SUBSCRIPTION BILLING
Order Placement and Acceptance
Your electronic confirmation of the order, or any other form of acknowledgment, should not be construed as our immediate acceptance of the order. We retain the prerogative to either accept or decline the dispatch to anyone, based on any rationale. Should we opt to decline your order, a reimbursement will be issued to your initial mode of payment.
Subscription Plans
In addition to standalone purchases of the Products you may purchase a recurring subscription plan for our Products (“Subscription Plan”). Details regarding the available Subscription Plans are Product specific and can either be found on our Website or by contacting us.
By opting for a Subscription Plan, you acknowledge and agree to assume responsibility for an initial payment (covering the first Product Order) and subsequent recurring payments (for each subsequent Product Order thereafter). The amount and frequency of these payments will be determined by the specifics of your chosen Subscription Plan, along with any applicable discounts and periodic offers that we may apply.
We will process recurring charges (in accordance with the Subscription Plan you've selected) without requiring additional authorization from you. Nonetheless, you have the freedom to terminate your Subscription Plan at any point, and this cessation will become effective after the next scheduled delivery of Products. For information on how to cancel your Subscription Plan, please see our Cancellation and Returns Policy. Depending on whether you are exercising statutory cancellation rights, you may still be liable to make payments in respect of the Subscription Plan following termination.
Given the recurring nature of the Subscription Plan, Products are subject to availability. Should the Products included in your Subscription Plan become unavailable, we will communicate with you via email. Subsequently, we will make every reasonable effort to deliver the Products to you as swiftly as possible. Alternatively, you have the option to cancel your Subscription Plan in accordance with the guidelines laid out in our Cancellation and Returns Policy.
NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The material on the Website is provided for general informational purposes only and is not intended as medical advice or as a substitute for the medical advice of a physician. Our products are not intended to diagnose, treat, cure or prevent any disease. You should consult your physician before using any information provided by ELAVATE SUPERFOODS. Do not exceed the recommended dosage.
While we make every effort to offer precise and up-to-date details on our Website, there might be information present that includes minor errors, inaccuracies, or omissions pertaining to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. We maintain the authority to rectify any errors, inaccuracies, or omissions and to amend or refresh information, or to annul orders if any data on the Website or related platforms happens to be inaccurate, without prior notification, even after you've placed your order.
This Website could encompass particular historical information. This historical data, by its nature, isn't current and is provided purely for your reference. We hold the right to alter the contents of this Website at any moment, yet we are not obligated to update any information on our Website. By using this Website, you accept that it's your responsibility to keep track of any modifications made to our Website.
ELAVATE SUPERFOODS does not make any guarantee that you will accomplish your health and/or wellness goals. Your results may vary depending upon a variety of factors unique to you, such as your age, health, and genetics.
Liability Disclaimer: Specify that your company is not liable for any damages, injuries, or losses arising from the use or misuse of your products. This can include allergies, adverse reactions, or any other issues related to the consumption of your supplements.
If you are pregnant, breastfeeding, or have any underlying medical conditions, we strongly recommend that you consult a qualified healthcare professional before using our products. Every individual's health status is unique, and it's important to ensure that any dietary supplement or functional product is safe and appropriate for your specific circumstances.
Our products contain specific ingredients, and their effects on individuals can vary. Pregnant and breastfeeding individuals have unique nutritional needs, and certain ingredients may interact with medications or impact health conditions. Consulting a healthcare provider will help you make an informed decision about whether our products are suitable for you.
It's important to prioritize your health and safety, and seeking professional medical advice is a proactive step to ensure that you make choices that are in line with your well-being and the well-being of your child if applicable. By choosing to use our products, you acknowledge that you have read and understood this disclaimer and agree to seek the guidance of a healthcare professional when making decisions about their use.
Subscriptions
When visiting the Website for product purchases, you have the choice of making a one-time purchase or opting for a subscription. If you purchase a subscription, the product is automatically charged to your credit card every 4 weeks (28 days), the same card details you used during the purchase of your subscription, and dispatched to you, until you opt to terminate the subscription. Additionally, you possess the flexibility to adjust the billing cycle of your subscription to either 30 or 60 days by accessing your customer portal. You can also contact our team to help process any changes to your account or subscription for you. We might utilize an account updater to seamlessly refresh your credit card particulars if there are any alterations. In such instances, the renewal charge will be directed to the updated account details.
If you intend to discontinue your subscription, you have the liberty to do so at any juncture. However, to prevent receiving your forthcoming scheduled order, you need to cancel the subscription at least forty-eight (48) hours prior to the dispatch of your next shipment. To initiate the cancellation process, kindly log in to your online account and follow the cancellation steps. Alternatively, you can reach out to Customer Support by sending an email to: alex@elavate.com, messaging us directly on Instagram or Facebook at: @Elavatesuperfoods
HOW TO END YOUR SUBSCRIPTION WITH US AND RETURN PRODUCTS
To CANCEL your Subscription with us, you can take any of the following options:
a) Online: Access your online account here and navigate through the prescribed steps on your dashboard to independently cancel your Subscription.
b) Reach out through this form or via email at alex@elavate.com. Share with us your full name, Order Number, and email address used during checkout and we'll be able to find your name and cancel your subscription for you
c) Message us on Instagram or Facebook Messenger: Provide us with your name, Shipping address, Order Number, and, if available, your contact number and email address.
Returning Products: Should you request an exchange, replacement, or refund for any cause subsequent to the dispatch or receipt of the Products, you must return the Products to us.
By completing an order on our website, you consent to the follow terms:
**Disclaimer of Warranties**:
All collagen supplements provided are on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or usefulness of this information. You are relying on this information solely at your own risk.
**Arbitration Agreement**
Any dispute or claim relating in any way to your use of any Elavate Superfood's product, including our collagen supplement, will be resolved by binding arbitration, rather than in court, except for certain small claims court cases. You agree that the U.K. Arbitration Act governs the interpretation and enforcement of this provision, and that you and Elavate Superfoods are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this agreement.
**Jurisdiction and Governing Law**
These Terms of Service shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
### Changes to the Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
When sending back the Products, it is your responsibility to ensure their secure and timely delivery to the return address indicated on the accompanying documentation (postal label or dispatch/order confirmation note, as applicable), or any other address we have communicated to you. We do not assume responsibility for Products lost or damaged during transit, and therefore, we shall not be obligated to reimburse you in such circumstances. Thus, it is advised to employ tracked postage for returns. In cases where we cover the return expenses, kindly utilize the most cost-effective tracked delivery option available at that time.
When we cover return costs: We will bear the return expenses under the following circumstances:
a) If the Products are defective; or
b) If you are terminating the contract due to our notification of an impending alteration to the Product or these Terms, a pricing or description error, a delivery delay caused by external factors beyond our control, or because you possess a legal entitlement to do so due to our wrongdoing.
For all other scenarios, you are liable for the return costs.
Refund process: We will reimburse the amount you paid for the Products, encompassing delivery charges (except in cases where you selected express or premium delivery, in which case our basic delivery cost will be refunded), via the original payment method. Nevertheless, deductions may be made from the refund amount, as elaborated below.
Refund timeline: Any eligible refunds will be processed without delay.
Change of mind: While most online purchases grant you a 14-day window to change your mind and receive a refund, it's important to note that this right doesn't apply to our collagen Products, which are ingestible supplements. As a result, we cannot accommodate returns for quality control purposes.
LIMITATION OF LIABILITY
The content provided on this website in relation to our collagen supplements, including but not limited to, descriptions, benefits, and expected results, is for informational purposes only. It is not intended as medical advice nor should it be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.
In no event shall Elavate Superfoods, including its officers, directors, employees, or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of our collagen supplements, with the delay or inability to use said supplements, or for any information obtained through the use of our website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Elavate Superfoods has been advised of the possibility of damages.
We do not exclude or restrict our liability to you in any manner where doing so would be unlawful. This encompasses liability for death or personal injury due to our negligence, or that of our employees, agents, or subcontractors; for acts of fraud or fraudulent misrepresentation; for breaches of your legal entitlements pertaining to the products and for defective products under the Consumer Protection Act 1987.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage can be deemed foreseeable if it is either evident that it will occur or if, at the time of forming the Contract, both parties were aware it might happen. For instance, this could occur if it was discussed during the sales process.
We are not answerable for losses related to business activities. Our supply of Products is solely intended for domestic and private usage. If you utilize the Products for commercial, business, or resale purposes, we disclaim any liability towards you for potential profit loss, business interruption, loss of business, or missed business prospects.
PROMOTIONS, DISCOUNT OFFERS & VOUCHER CODES
Promotions, discounts, and voucher codes that can be utilized on the Site are not valid when combined with any other offer or promotion. Only a single promotional, discount, or voucher code can be applied per Order.
Certain promotions, discount codes, or voucher codes might necessitate a minimum spending threshold.
Once an Order has been submitted, either through the Site or by phone, it is not feasible to incorporate a promotional code, discount code, or voucher code to that Order.
The duration during which a promotion, discount code, or voucher code remains valid is determined at our discretion. We maintain the authority to alter or withdraw this duration at any point.
Promotions might be restricted to one per Product, and it's important to note that not all Products may be encompassed by each promotion.
DELIVERY OF THE PRODUCT(S)
Delivery options and costs - The different delivery options and associated costs will be displayed on our Site at the time that you submit your order.
Our Subscription services - For Subscription purchases (where you act as a Subscriber), you will receive the purchased Product every 28 or 56 days (depending on your selected Product and timeframe) until you choose to terminate the Subscription. Kindly note that when you acquire a monthly or bi-monthly or quarterly Subscription, you are acknowledging the Subscription's initial and recurring payment structure. You also accept the responsibility for all recurring charges until cancellation (please refer to Clause [INSERT CLAUSE NUMBER] for cancellation specifics).
When we will provide the Products - When we send you an email formally accepting your Order, we will confirm the delivery option selected by you at the checkout. We will use reasonable endeavours to meet any estimated delivery date and to inform you of any potential delay that means that your Products may not be received by the estimated delivery date. However, we do not provide any guarantee that the Products will be received by any estimated delivery date. We will use our reasonable endeavours to avoid any interruption in Product supply with regards our Subscription services.
We are not responsible for delays outside our control - In case an event outside our control leads to a delay in supplying the Products, we will promptly get in touch to inform you. We will also take measures to mitigate the impact of the delay. While we assume these measures, we will not be held liable for delays caused by such events. However, if a substantial delay is anticipated, you have the option to contact us to terminate the Contract and receive a refund for paid, undelivered Products.
If you are not at home when the Product is delivered - If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our third party courier should either leave you a note, or send you an email or text message, informing you of how to rearrange delivery or collect the Products from an alternative address, such as a neighbour, a local depot or designated collection outlet.
If you do not re-arrange delivery - If, after a failed delivery to you, you do not re-arrange delivery or collect the Product(s) from an alternative address, a delivery depot or designated collection outlet, we (or our third party courier) will contact you for further instructions and we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract.
When you become responsible for the Products - A Product will be your responsibility from the time we deliver the Product to the address you gave us, or it is delivered to the alternative address that you instruct our third party courier to deliver to, or on collection by you from a local depot or designated collection outlet.
When you own Products - You own a Product once we have received payment in full.
MONEY BACK GUARANTEE
ELAVATE SUPERFOODS offers a Money-Back Guarantee on certain purchases within ninty (90) days from the date that you received your order. You may receive a full refund according to the following terms.
The Money-Back guarantee is only valid on products purchased directly from https://www.elavate.com/. If you purchase & use ELAVATE SUPERFOODS Multi-Collagen blend for 3 months and DO NOT see visible results*, then you are able to claim back 100% of the amount you spent on the 3-month supply purchase.
In order to quality, you must have used the entire content of the collagen blend BAG before stating that "no results" were seen. Our customers typically see the best results when consuming collagen for a full 3 months, which is why we offer a 90-day guarantee.
ELAVATE will refund the entire purchase price for all approved refunds. Refunds will be sent to the same credit card or method of payment that was used to order the product. We process refunds within 24 hours however depending on your bank, it may take between 3-5 days to appear on your statement.
To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase. We cannot accept returns for goods that have been opened, due to hygiene & safety concerns. Shipping labels and costs must be paid for by the customer, in the even of a return. A label can cheaply be purchased from https://send.royalmail.com/
To start a return, you can contact us at alex@elavate.com. Please note that returns will need to be sent to the following address:
3PL WOW LTD C/O Elavate Superfoods
Unit 5 A, Wesley Drive
Benton Square Industrial Estate,
Newcastle upon Tyne,
NE12 9UP
United Kingdom
HOW TO END THE SUBSCRIPTION WITH US AND RETURNING PRODUCTS
To CANCEL your Subscription with us, kindly communicate your decision by selecting from the following options:
a) Online: Access your online account and navigate through the prescribed steps on your dashboard to independently cancel your Subscription.
b) Reach out via email at alex@elavate.com: Furnish us with your name, Order Number, and, when possible, your contact number and email address.
c) Message us on Instagram or Facebook Messenger: Provide us with your name, Shipping address, Order Number, and, if available, your contact number and email address.
Returning Products: Should you request an exchange, replacement, or refund for any cause subsequent to the dispatch or receipt of the Products, you must return the Products to us.
When sending back the Products, it is your responsibility to ensure their secure and timely delivery to the return address indicated on the accompanying documentation (postal label or dispatch/order confirmation note, as applicable), or any other address we have communicated to you. We do not assume responsibility for Products lost or damaged during transit, and therefore, we shall not be obligated to reimburse you in such circumstances. Thus, it is advised to employ tracked postage for returns. In cases where we cover the return expenses, kindly utilize the most cost-effective tracked delivery option available at that time.
When we cover return costs: We will bear the return expenses under the following circumstances:
a) If the Products are defective; or
b) If you are terminating the contract due to our notification of an impending alteration to the Product or these Terms, a pricing or description error, a delivery delay caused by external factors beyond our control, or because you possess a legal entitlement to do so due to our wrongdoing.
For all other scenarios, you are liable for the return costs.
Refund process: We will reimburse the amount you paid for the Products, encompassing delivery charges (except in cases where you selected express or premium delivery, in which case our basic delivery cost will be refunded), via the original payment method. Nevertheless, deductions may be made from the refund amount, as elaborated below.
Refund timeline: Any eligible refunds will be processed without delay.
Change of mind: While most online purchases grant you a 14-day window to change your mind and receive a refund, it's important to note that this right doesn't apply to our collagen Products, which are ingestible supplements. As a result, we cannot accommodate returns for quality control purposes.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage can be deemed foreseeable if it is either evident that it will occur or if, at the time of forming the Contract, both parties were aware it might happen. For instance, this could occur if it was discussed during the sales process.
We do not exclude or restrict our liability to you in any manner where doing so would be unlawful. This encompasses liability for death or personal injury due to our negligence, or that of our employees, agents, or subcontractors; for acts of fraud or fraudulent misrepresentation; for breaches of your legal entitlements pertaining to the products and for defective products under the Consumer Protection Act 1987.
We are not answerable for losses related to business activities. Our supply of Products is solely intended for domestic and private usage. If you utilize the Products for commercial, business, or resale purposes, we disclaim any liability towards you for potential profit loss, business interruption, loss of business, or missed business prospects.
PROMOTIONS, DISCOUNT OFFERS & VOUCHER CODES
Promotions, discounts, and voucher codes that can be utilized on the Site are not valid when combined with any other offer or promotion. Only a single promotional, discount, or voucher code can be applied per Order.
Certain promotions, discount codes, or voucher codes might necessitate a minimum spending threshold.
Once an Order has been submitted, either through the Site or by phone, it is not feasible to incorporate a promotional code, discount code, or voucher code to that Order.
The duration during which a promotion, discount code, or voucher code remains valid is determined at our discretion. We maintain the authority to alter or withdraw this duration at any point.
Promotions might be restricted to one per Product, and it's important to note that not all Products may be encompassed by each promotion.
DELIVERY OF THE PRODUCT(S)
Delivery options and costs - The different delivery options and associated costs will be displayed on our Site at the time that you submit your order.
Our Subscription services - For Subscription purchases (where you act as a Subscriber), you will receive the purchased Product every 28 or 56 days (depending on your selected Product and timeframe) until you choose to terminate the Subscription. Kindly note that when you acquire a 28 or 56-day Subscription, you are acknowledging the Subscription's initial and recurring payment structure. You also accept the responsibility for all recurring charges until cancellation
When we will provide the Products - When we send you an email formally accepting your Order, we will confirm the delivery option selected by you at the checkout. We will use reasonable endeavours to meet any estimated delivery date and to inform you of any potential delay that means that your Products may not be received by the estimated delivery date. However, we do not provide any guarantee that the Products will be received by any estimated delivery date. We will use our reasonable endeavours to avoid any interruption in Product supply with regards our Subscription services.
We are not responsible for delays outside our control - In case an event outside our control leads to a delay in supplying the Products, we will promptly get in touch to inform you. We will also take measures to mitigate the impact of the delay. While we assume these measures, we will not be held liable for delays caused by such events. However, if a substantial delay is anticipated, you have the option to contact us to terminate the Contract and receive a refund for paid, undelivered Products.
If you are not at home when the Product is delivered - If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our third party courier should either leave you a note, or send you an email or text message, informing you of how to rearrange delivery or collect the Products from an alternative address, such as a neighbour, a local depot or designated collection outlet.
If you do not re-arrange delivery - If, after a failed delivery to you, you do not re-arrange delivery or collect the Product(s) from an alternative address, a delivery depot or designated collection outlet, we (or our third party courier) will contact you for further instructions and we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract.
When you become responsible for the Products - A Product will be your responsibility from the time we deliver the Product to the address you gave us, or it is delivered to the alternative address that you instruct our third party courier to deliver to, or on collection by you from a local depot or designated collection outlet.
When you own Products - You own a Product once we have received payment in full.
REFUND & RETURNS POLICY
If you would like to return an item to ELAVATE SUPERFOODS, you must contact us within 30 days of delivery of your item.
Simply follow these steps:
Let us know by one of the following methods that you'd like a refund, and which item you'd like to return:
* Emailing us at: alex@elavate.com
* Direct messaging us at: @elavatesuperfoods on Instagram or Facebook
* We do not process return requests by phone call or voice message.
1. We will email you a prepaid return slip within 24 – 48 hours of your request.
2. Place the bag in a box or mailer and mail it back to us using the prepaid return label.
3. We will initiate your refund as soon as we receive your package back to our warehouse, and it has been stowed. Your refund will be processed within 1 - 2 business days. Refunds will be issued to the same credit card or method of payment that was charged when ordering the product. Once a return is processed, it may take up to 10 business days for the return to be posted to your account, depending on your method of payment
.
Please use this return shipping label supplied by us so that it is returned to the proper warehouse location that matches your order. Items shipped to an improper address due to your failure to contact us for a return shipment label are not our responsibility to refund or reship. Returned product(s) will be fully inspected and evaluated before a refund is issued. Items MUST be unopened and the seal must be completely intact for refunds to be issued.
If you have not contacted us within 30 days of delivery of your item to initiate a return, your item will NOT be refunded. ELAVATE SUPERFOODS is not responsible for duplicate orders placed by the customer online.
If a shipment is returned to us as undelivered you may either request a full refund for the products ordered, OR we can reship the order with no additional shipping fee. **This does not apply to Refused Packages. Please see the Refused Packages section below.
REFUSED PACKAGES: Given the choice, we kindly request that instead of declining the package, you accept it and promptly get in touch with us so we can manage the return procedure appropriately. If you decide to decline the package for any reason other than package damage, a refund for the products may be issued when we have successfully received the package at our warehouse.
In the event that you decline the package due to noticeable damage either to the package itself or the items inside, you will not incur charges for return shipping costs or any associated processing fees. If the package makes its way back to our warehouse, you have the option to either receive a full order refund, encompassing any supplementary shipping charges, or we can re-dispatch a new package to you without any additional expense on your part.
If, subsequent to opening the package, you discover that the items are defective or damaged, you are eligible to return the product for a complete refund or exchange. This includes scenarios like a broken seal causing a product to leak or a slash or puncture through the package. In cases of damaged or defective products, we will facilitate the return process with free shipping. We require the return of the damaged or defective product in order to send a replacement or process a refund.
Upon refusing a package, please reach out to us promptly so we are informed of its impending return to us. IMPORTANT: Please be aware that rejected shipments/packages occasionally encounter complications during the return journey and may not successfully make their way back to us. In such instances, we are unable to initiate a refund. It's imperative to utilize a return label produced by our customer service team to guarantee the secure receipt of returns by us.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall My Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - REFERRAL PROGRAM
Referral Program Terms and Conditions
By participating in Elavate's Referral Program, you agree to the following terms and conditions. These rules are designed to maintain fairness, protect our brand, and ensure compliance with UK advertising standards.
1. Permitted Promotional Channels
Affiliates may promote Elavate products through:
Personal blogs or websites clearly identifying their promotional nature.
Social media platforms the affiliate personally owns and manages.
Email newsletters to opted-in recipients.
All promotional content must comply with the UK Code of Non-broadcast Advertising (CAP Code) and relevant Advertising Standards Authority (ASA) guidelines, including the clear disclosure of affiliate relationships (e.g. using #ad or similar).
2. Prohibited Practices
To protect the integrity of our brand and referral program, the following are strictly prohibited:
Unauthorised Use of Elavate Branding
Affiliates must not impersonate Elavate or suggest official partnership beyond the referral program. This includes using Elavate logos, fonts, or brand styling to create deceptive pages or impersonator websites.
SEO Manipulation via Discount Sites
Creating or using third-party discount code websites (e.g. coupon aggregators or blog directories) to artificially rank in search engines using Elavate brand terms or product-related keywords is not permitted.
Misleading or Deceptive Content
Affiliates may not make false claims about Elavate products, pricing, or results. Content must be honest, substantiated, and clearly reflect that it originates from an independent promoter.
Paid Search Bidding on Brand Terms
Affiliates are not allowed to bid on keywords or phrases that include "Elavate" or related brand names for search engine advertising.
3. Monitoring & Enforcement
Elavate reserves the right to:
Monitor affiliate activity, traffic sources, and promotional methods.
Withhold or revoke commissions where fraudulent or non-compliant activity is suspected.
Immediately terminate access to the Referral Program for any breaches of these terms.
4. Code Spamming & Unsolicited Promotion
Affiliates must not post their referral code or promotional links in public comment sections, forums, unrelated threads, product reviews, or any area not intended for promotional use — including but not limited to:
Comments on Elavate’s or other brands’ social media posts
Third-party brand posts, pages, or communities
Paid ad comments (e.g. Facebook or Instagram ads)
Review sections on eCommerce platforms or forums
Any form of unsolicited or disruptive promotion is strictly prohibited and may result in commission withholding or immediate removal from the Referral Program.
5. Updates
We may update these Referral Program Terms and Conditions at any time. Continued participation after any changes constitutes acceptance of the updated terms.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at alex@elavate.com.
Our contact information is posted below:
ELAVATE SUPERFOODS
alex@elavate.com
