Gift Certificate Terms and Conditions

By accepting and using Your Electronic Gift Certificate, You are agreeing to these Terms and Conditions. Please read them carefully.

In these Terms and Conditions, ‘You’ and ‘Your’ means the person who has purchased and received the Electronic Gift Certificate “EGC”. ‘We’, Us’, and ‘Our’ means ELA’S CUT LLC who issued the Electronic Gift Certificate “EGC”, the company who fulfills orders on the Electronic Gift Certificate “EGC”, and each of their successors, affiliates or assigns. Refer to “ECG” as the Electronic Gift Certificate.

THE EGC IS NOT CREDIT CARD:

Ela’s Cut LLC, who issued the EGC, is responsible for providing funds to load value onto Your EGC. In the order fulfillment process, Ela’s Cut LLC has no obligation to You in the event Our merchant processor delays in providing or fails to provide funds to fund Your EGC. Please contact us directly for customer service issues at gwen@elascut.com or (917)580-0626.

YOUR EGC:

The EGC is a prepaid is offered to individuals over the age of 17 that lawfully enter into and form contracts under applicable law and by using the EGC You represent and warrant to Us that You are such an individual. We, in Our sole discretion may refuse to issue a EGC for any reason.  The amount of funds shown on Ela’s Cut LLC records shall be deemed the balance on the EGC, unless You can prove to Our satisfaction in Our sole discretion that there should be a different balance.

EGC ACCESS:

The EGC is a certificate created electronically on our website and it includes a specific code. Each EGC code is unique and will only be used when requesting a booking and as a payment method at checkout. Each code may only be used to book one service and doesn’t have an expiration date. The EGC will only be used to schedule a regular appointment with more than 24 hours from the desired starting time of the appointment. Appointments made within 24 hours prior to the beginning of the desired time, may be booked using the EGC and the remaining balance of the premium for such appointment must be added to a credit card to finalize the booking.

The EGC cannot be used to make purchases from other merchants, to obtain cash from automated teller machines (ATM’s) or for any other type of purchase or cash advance.

 EGC LIMITATIONS:

YOU must have sufficient, available funds on your EGC to pay in full the transactions.  If the transaction amount is greater than the available funds, such transaction will be declined unless a credit card payment is added to the transaction to sufficed the amount required. Purchases of the EGC can only be made with Credit Cards through Our website at www.elascut.com. Each EGC is only valid for a one time service and shall be redeem for one person only. The EGC entitles the user to redeem the balance of its unique code and after it is used its balance will be zero (0) and the EGC will be terminated.  You may only use Your EGC in the manner and for the purposes described in these Terms and Conditions. Your EGC may not be used for illegal transactions or for any type of pre-authorized transactions such as recurring monthly payments, dues or fees.

DISCLOSURE OF INFORMATION TO THIRD PARTIES:

We will disclose information to third parties about Your EGC or a transaction that You make, in connection with examinations by any taxing to other regulatory authorities, for analytical purposes, if You give Us written permission and as, otherwise, permitted by the law or Our Privacy Policy.

DISPUTES WITH ELA’S CUT LLC:

You agree to make a good faith effort to settle all disputes about purchases You make using Your EGC with Ela’s Cut LLC management.

LOST AND STOLEN EGC:

We are not responsible for any lost of EGC including internet hacking, internet or equipment malfunction (e.g., external hard drive, computer, email crashing, etc), unauthorized access to emails, information stolen and/or if willingly or unwillingly the email containing the EGC gets erased from the buyers email or the recipients email. Treat Your EGC like cash because it will NOT be replaced. Because the EGC will be issued electronically and you will receive them via email, make sure that you check your spam folder. In case you don’t receive your EGC within 5 minutes of  finishing the purchase transaction, please contact us.

DISCLAIMER OF LIABILITY:

In providing the EGC services to you, We disclaimed any duty or responsibility other than those expressly set forth in these Terms and Conditions. Ela’s Cut LLC is not liable expressly for the following:

  1. If through no fault of ours, certificate holders do not have enough funds on the EGC to cover the service.
  2. If the transaction would exceed the EGC holder’s available funds.
  3. If circumstances beyond Our control prevent the transaction, despite reasonable precautions that we may have taken.
  4. If there are other exceptions stated in these Terms and Conditions or provided by law.

TERMINATION:

The EGC shall remain Our property. We may, at any time and without prior notice, cancel Your EGC. You may terminate Your certificate by contacting us. However, the purchase price prepaid for the EGC will be non-refundable. Termination of the EGC will not affect prior transactions or obligations existing at the time of the termination and will not entitle You to any refund. The certificates are non-refundable.

AMENDMENT:

We may amend these Terms and Conditions at any time in Our sole discretion by posting revised copy on  www.elascut.com at least 30 days prior to the  effective date of any amendment that results in an increases service fee or charge, an increase in Your liability, or stricter transaction limitations.

SEVERABILITY/NO WAIVER:

If any provision of these Terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of Our right to subsequently enforce such provision or any other provision of these Terms and Conditions.

GOVERNING LAW:

These Terms and Conditions, the EGC and all transactions hereunder are subject to the laws of the State of New York.

 

ARBITRATION:

Any dispute or claim relating in any way to the EGC will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  The U.S. Federal Arbitration Act and Law Apply to this agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statuary damages) and must follow these Terms and Conditions as a court would.

We and You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and  You also agree that You or We may bring suit in court to enjoin infringement or other misuses of intellectual property.