Terms and Conditions
Last Updated: 11/05/2024
These Terms of Service (“Terms”) govern your access to and use of the services provided by Elvoria Cosmetics Formulations (“we,” “us,” or “our”), including but not limited to custom formulation development, regulatory assistance, pre-made formulation sales, and documentation review services. By engaging our services or purchasing any formulations, you agree to be bound by these Terms in full.
1. Services Offered
We provide the following professional services:
- Custom Formulation Development
- Packaging & Label Review
- Claims Regulatory Review
- Pre-Made Formulation Sheets
- Formulation Review and Correction
- Microbial Testing
- Stability Testing
Each service may include supporting documentation, intellectual property transfer, compliance summaries, and claims guidance depending on the package selected.
2. Intellectual Property and Copyright
- All documents, formulations, methods, and educational content remain the intellectual property of Elvoria Cosmetics Formulations until full payment has been received.
- You may not reproduce, distribute, resell, or claim any part of our content or materials as your own.
- Any instance of plagiarism, unauthorised use, or distribution will result in immediate termination of service and may lead to legal action.
- All formulations and materials are protected under copyright law.
3. Pre-Made Formulation Sheets
- All pre-made formulations are sold “as-is” and are strictly non-refundable.
- These are intended solely for personal or internal business use.
- Redistribution, rebranding, or resale without prior written consent is strictly prohibited.
4. Formulation Review and Correction
- This service involves a professional review and correction of an existing formulation submitted by the client.
- It does not include the creation of a new formulation unless previously agreed upon in writing.
- If the formulation is found to be unsafe or non-viable, recommendations will be provided. It remains the client’s responsibility to determine next steps.
5. Client Responsibilities
By purchasing our services, you agree to:
- Provide complete, timely, and accurate information as requested
- Respond to correspondence within seven (7) business days, unless alternative arrangements are agreed
- Refrain from applying pressure to expedite beyond agreed timeframes
- Understand that communication delays may affect timelines or result in cancellation
Failure to communicate may result in project cancellation. In such cases, a 70% deduction will apply for labour and time already allocated. Additional administrative fees may also apply.
6. Payments and Fees
- All payments are to be made in Australian Dollars (AUD) and are due upfront unless otherwise agreed in writing.
- No work will commence until payment has been received in full.
- Late payments may incur a 45% late fee.
- Cancellations based on a change of mind will incur a 35% cancellation fee.
- Cancellations requested more than 14 days after payment, regardless of project status, will incur a 50% fee.
- In the event of a contract breach, non-cooperation, abusive communication, or chargeback, a 70% breach of contract fee will apply, and services will be immediately terminated.
- Digital documents and pre-made formulations are non-refundable once delivered.
7. Project Timelines and Revisions
- Turnaround times will be provided at the time of booking and may vary depending on complexity and client responsiveness.
- Clients are entitled to up to two (2) rounds of revisions within 14 days of delivery unless otherwise specified.
- Additional or major revisions will incur separate charges.
- Projects left inactive for over 30 days without notice will be considered cancelled, and no refund will be issued.
8. No Guarantee of Regulatory Approval
- While our regulatory support is based on current, publicly available data, we do not guarantee approval from regulatory bodies.
- Clients are solely responsible for product testing, safety assessments, and compliance with their country’s regulations.
- We accept no liability for regulatory action, product bans, or customer complaints related to the final product.
9. Custom Formulation Development Samples
Upon booking a custom formulation development service, you will receive up to three (3) complimentary samples: one initial sample and up to two (2) additional samples if formulation adjustments are necessary. Should further samples be requested beyond the three (3) complimentary samples, additional fees will apply. These fees will be based on the cost of ingredients, as well as the time and labour required for preparation.
10. Refunds and Cancellations
As a service-based business, our time and resources are allocated per project. Accordingly:
- No refunds will be issued once work has commenced or documentation has been delivered.
- Pre-made formulations are non-refundable.
- Cancellations requested more than 14 days after purchase are subject to a 50% fee.
- Cancellations due to personal reasons or change of mind are subject to a 35% fee.
- If cancellation occurs due to non-responsiveness, a 70% labour and time deduction will apply to any eligible refund.
- All refund or cancellation requests must be made in writing.
11. Limitation of Liability
- Elvoria Cosmetics Formulations is not liable for any direct, indirect, or incidental damages arising from the use or misuse of our services or documents.
- You are solely responsible for product safety, labelling, manufacturing, and legal compliance.
- We accept no responsibility for regulatory enforcement or customer complaints related to your end products.
Patreon Membership
These Terms of Service (“Terms”) apply to all memberships, content, and services offered through the Patreon account of Elvoria Cosmetics Formulations (“we,” “our,” “us”). By subscribing to any membership tier, you (“member,” “you,” “your”) acknowledge that you have read, understood, and agreed to the following:
1. Membership Tiers
Membership is structured into tiers, each offering specific benefits as outlined on our Patreon page. By selecting a tier, you gain access only to the benefits described for that tier. Higher-tier content is not included unless you upgrade your membership.
2. Payments and Renewals
- All memberships are billed through Patreon’s payment system.
- Payments are processed monthly (or as otherwise stated by Patreon) and renew automatically unless cancelled before the next billing cycle.
- We do not manage payment processing directly; any issues with billing should be addressed through Patreon support.
3. Refunds and Cancellations
- All membership payments are non-refundable.
- You may cancel your membership at any time through your Patreon account settings.
- Cancellation stops future billing but does not refund past payments. Access to membership benefits continues until the end of your current billing period.
4. Membership Access
Upon successful payment of your selected tier, you will receive access to the benefits associated with that tier. This may include digital downloads, private posts, early releases, or entry into community spaces (such as a private Facebook group or other designated platform). Access remains active only while your membership is current and in good standing.
5. Content Availability
- Content is delivered according to the tier you have joined.
- Access is limited to the resources, discussions, or services provided for that tier.
- If you upgrade, you will unlock higher-tier content; if you downgrade, access to higher-tier content will be revoked.
- Archived content may not always remain available, and we reserve the right to adjust or update membership benefits.
6. Intellectual Property
- All content provided through Patreon, including but not limited to documents, digital files, videos, graphics, and written posts, is the intellectual property of Elvoria Cosmetics Formulations.
- Content is provided for personal, educational, or professional use depending on the tier, but may not be reproduced, resold, or distributed without written permission.
7. Member Conduct
Members are expected to maintain respectful and professional interactions within community spaces (e.g., private groups, discussion forums). We reserve the right to revoke access without refund if a member engages in harassment, abuse, or behaviour deemed inappropriate.
8. Service Changes
We reserve the right to modify, expand, or discontinue membership tiers, benefits, or platforms at our discretion. Notice will be provided of significant changes, but continuation of your membership constitutes acceptance of updated Terms.
9. Liability
- We make every effort to provide accurate, reliable, and valuable content, but we do not guarantee specific outcomes, business results, or earnings.
- We are not liable for damages, losses, or claims arising from how you choose to use the information or materials provided.
10. Acceptance of Terms
By becoming a member, you acknowledge that you have read, understood, and agreed to these Terms of Service.
Stability Testing Terms of Service
These Terms of Service (“Terms”) apply to all stability testing services provided by Elvoria Cosmetics (“we,” “our,” “us”) to the purchaser (“you,” “your”). By engaging Elvoria Cosmetics for stability testing, you agree to the following:
1. Scope of Service
- Stability testing is performed on samples provided or approved by the purchaser.
- Testing is carried out under controlled conditions based on industry practices (e.g., accelerated, real-time, or stress testing).
- Results are supplied in a written report; however, they are for informational purposes only and do not replace regulatory approvals or claims substantiation required by governing authorities.
2. Purchaser Responsibilities
- You are responsible for ensuring that product samples provided are representative of your intended batch.
- You remain fully responsible for ensuring regulatory compliance of your product, packaging, and marketing claims.
- Elvoria Cosmetics does not certify a product as “market ready” or “approved” based on stability testing results.
3. Payment and Cancellation
- Stability testing fees must be paid in full prior to commencement.
- A 60% non-refundable service and labour fee is included in the total price.
- If cancelled after two (2) hours of payment, this fee will be retained.
4. Limitation of Liability
- Elvoria Cosmetics makes no guarantees regarding the shelf life or market approval of your product.
- We are not liable for any financial loss, damages, or claims that may arise from your use or interpretation of stability testing results.
- Our liability is strictly limited to the value of the services provided.
Manufacturing Terms of Service
These Terms of Service (“Terms”) apply to all cosmetic manufacturing services provided by Elvoria Cosmetics (“we,” “us,” “our”) to the purchaser (“you,” “your”). By placing an order with us, you acknowledge and agree to the following:
1. Lead Times
Manufacturing lead times vary depending on batch size and ingredient/packaging availability:
- 1–4 kg: approximately 2 weeks
- 5–8 kg: approximately 4 weeks
- Over 8 kg: approximately 6–8 weeks
These timeframes are estimates only. Orders may be completed earlier or later depending on supplier delays, shipping times, and other factors outside our control.
2. Stability and Product Testing
Elvoria Cosmetics does not conduct stability, preservative efficacy, compatibility, or safety testing as part of its manufacturing service. All testing must be arranged and paid for by the purchaser. It is the purchaser’s sole responsibility to ensure that the product is tested, compliant, and safe for market release in accordance with local and international regulations.
3. Payment Terms and Cancellation Policy
- A 60% non-refundable labour and service fee is built into the total payment.
- If you cancel an order after two (2) hours of making payment, this 60% will be retained and only the remaining balance (if applicable) may be refunded.
- Orders cancelled within two (2) hours of payment will be assessed, and any direct costs already incurred will be deducted before refund.
- Production will not commence until full payment has been received.
4. Claims and Marketing Responsibility
Elvoria Cosmetics manufactures strictly to the agreed formulation and specifications. We do not authorise, review, or endorse any claims you may choose to make about your finished product.
The purchaser accepts full responsibility for ensuring that all:
- Marketing and labelling claims are truthful, accurate, and compliant with applicable laws.
- Advertising and promotions meet the standards of the relevant regulatory authorities.
Elvoria Cosmetics will not be held liable for any fines, damages, regulatory action, or loss of income arising from misleading, false, or non-compliant claims made by the purchaser.
5. Limitation of Liability
To the maximum extent permitted by law, Elvoria Cosmetics shall not be liable for:
- Loss of profits, sales, or wages.
- Indirect or consequential damages of any kind.
- Any issue arising from the purchaser’s storage, handling, or resale of the product.
Our liability is strictly limited to the value of the services provided by us.
6. Acceptance of Terms
By engaging Elvoria Cosmetics for manufacturing services, you confirm that you have read, understood, and agreed to these Terms of Service. These Terms constitute the entire agreement between you and Elvoria Cosmetics.
Governing Law
These Terms are governed by the laws of the State of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria.
Changes to Terms
We reserve the right to update or modify these Terms of Service at any time.
____________________________________________________________________________
For all enquiries related to these Terms, please contact:
Email: sherrie@elvoria.com.au
By completing your payment, you confirm that you have read, understood, and agreed to these Terms of Service in full.