TERMS OF SALE
Last updated: September 6, 2016
Please read these terms of sale carefully before purchasing any products via this website as they represent a binding contract between each person who purchases products via this website (“you”, “your’) and Elliephont Creations Inc. (doing business as Ellie Mae) (referred to as “Ellie Mae”, “we”, “us”, or “our”).
If you do not agree to these terms of sale, then you must not purchase products via this website.
By making purchases via the website, you represent that you are of legal age to enter into a binding agreement in your jurisdiction. These terms of sale contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Except as expressly provided for in these terms of sale, Ellie Mae does not make or give any representation or warranty with respect to the products you may purchase from this website and Ellie Mae’s liability is limited.
1. CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Ellie Mae over the Internet or by e-mail, and that these terms of sale (together with any applicable Order Confirmation(s) accepted by Ellie Mae as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between you and Ellie Mae. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
3. ORDER CONFIRMATION
Before submitting an order for the purchase of products using this website, you will be shown an order confirmation screen (the "Order Confirmation") describing, among other things, the product(s) to be ordered, the purchase price and any applicable charges for shipping, duties (if applicable) and taxes. When you submit your order, such order will constitute an offer from you to Ellie Mae to purchase the product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Ellie Mae until accepted by Ellie Mae. Ellie Mae’s acceptance of your order is evidenced by return e-mail from Ellie Mae indicating that your order has been accepted.
Ellie Mae may, from time to time, limit quantities of products, or refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, Ellie Mae will issue a full refund.
Unless another currency is stated in connection with a product, all prices quoted are in Canadian dollars.
Product prices do not include any applicable fees, charges or taxes including but not limited to, sales taxes and shipping charges. You will be advised of applicable charges before we ship your order.
Website offers, prices and merchandise availability are subject to change without notice.
Ellie Mae cannot confirm the price of a product until after you submit an order for the product. Without limiting the generality of Section 4 above, in the event that the price or related information for a product (as described on this website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Ellie Mae may, at its sole discretion, refuse or cancel your order, whether before or after Ellie Mae’s acceptance thereof. If there is such an error in pricing, Ellie Mae will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the product at the correct price.
PRICE INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
6. PAYMENT TERMS
Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Ellie Mae. Any payments made by credit card are subject to the approval of the financial institution that has issued your credit card.
For security reasons and to prevent fraud, orders for products placed through this website will only be accepted by Ellie Mae if the name and address to which the card is to be billed corresponds to the name and address that is registered with the purchaser’s credit card provider. If the information does not correspond, the order will be declined by Ellie Mae, even though the transaction may have been pre-authorized by your bank. If this happens, the dollar amount of the order may not be available to you for other use until it is credited back to your account, which may take between three to five business days.
7. PRODUCT INFORMATION AND AVAILABILITY
It is possible that some items, sizes and/or colours will be out of stock at the time you order. Also, the availability of certain products may be limited, or products may not be available for immediate delivery. Ellie Mae may revise or cease to make available any products at any time without prior notice.
When your order is processed, you will receive an order confirmation verifying receipt of your order and confirming the availability and selling prices of all items in your order.
If, after you receive an order confirmation, Ellie Mae is unable to deliver to you a product ordered due to lack of availability, Ellie Mae will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable product, provided that Ellie Mae may, in its sole discretion, contact you in order to give you the option to maintain your order subject to a revised delivery time if and when the product becomes available.
Ellie Mae attempts to be as accurate as possible in describing all products available for sale and/or distribution by Ellie Mae. However, Ellie Mae does not warrant that product descriptions or other content of this website are always accurate, complete, reliable, current or error-free.
Ellie Mae will ship the product(s) ordered by you according to the delivery method and to the address indicated in the Order Confirmation. Delivery times provided by Ellie Mae are estimates only. Ellie Mae shall not be responsible for any damages or costs resulting from any delays in delivery.
OUR CARRIERS MAY REQUIRE, UPON DELIVERY, AN ADULT SIGNATURE AS A PROOF OF DELIVERY SO PLEASE ENSURE SOMEONE IS AVAILABLE TO RECEIVE THE PARCEL ON YOUR BEHALF.
9. OWNERSHIP AND RISK OF LOSS
All product(s) purchased from Ellie Mae are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the product(s) and shall assume the risks of loss at the time of remittance by Ellie Mae of the product(s) to the third party delivery company. Any claim by you for a failed delivery shall be made by you directly with the shipping company (ex: Fedex) and we will try and assist you in expediting the claim.
All product returns are subject to Ellie Mae’s Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY FOR PRODUCTS
EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS OF SALE, ELLIE MAE DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY PRODUCTS DISPLAYED OR SOLD VIA THIS WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL ELLIE MAE BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PRODUCTS PROVIDED BY ELLIE MAE OR OTHERWISE RELATED TO THE AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THIS WEBSITE, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, EVEN IF ELLIE MAE OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL ELLIE MAE’S TOTAL LIABILITY ARISING OUT THE PURCHASE (OR ATTEMPTED PURCHASE) OF ANY PRODUCTS VIA THIS WEBSITE UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THE AGREEMENT AND TO WHICH THE CLAIM RELATES.
CERTAIN PROVINCIAL, STATE AND FEDERAL LAWS, AS THE CASE MAY BE, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
For the purposes of this section, "Ellie Mae" shall include Ellie Mae’s affiliates and Ellie Mae’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
This section shall survive the termination or expiry of these terms of sale.
12. GOVERNING LAW AND JURISDICTION
This website is controlled and operated by Ellie Mae from Toronto, Province of Ontario, Canada. All purchases of products via the website shall be considered to have been made in the Province of Ontario, and the terms of sale shall be construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Products sold or delivered under these terms of sale may be subject to the export control laws and regulations of the United States of America. You agree to comply at all times with all such laws and regulations. You will defend, indemnify and hold Ellie Mae harmless against all claims, damages or liability resulting from breach of the foregoing.
It is expressly agreed between the parties hereto that the purchase of products with the intent of commercially exporting them is strictly prohibited.