Terms & Conditions
Your satisfaction is our number one priority.
The following contains legal notices and disclaimers pertaining to the use of this
At ellaandelliot.com, we strive to provide you with a unique customer experience;
similar to the one you would expect visiting the ella + elliot flagship store.
and procedures before placing an order. Still have questions? Contact
for a real, live response.
Terms and conditions
Your use of ellaandelliot.com (“this Web Site” or “this Site”)
is governed by these Terms and Conditions. Use of this Site in any manner constitutes
your acknowledgement that you have read the Terms and Conditions and that you agree
to follow these rules and be bound by them. If you do not agree with
any of these Terms and Conditions, do not use the ellaandelliot.com Web Site.
This Web Site is provided only for your personal, non-commercial use. Any unauthorized
use of the Website is expressly prohibited.
These Terms and Conditions are subject to change. ellaandelliot.com reserves
the right to update or modify these Terms and Conditions at any time without prior
notice. Use of the ellaandelliot.com Web Site following any such changes
constitutes your agreement to follow and be bound by the Terms and Conditions as
changed. We encourage each user to review these Terms and Conditions on every occasion
Your use of this Site constitutes your agreement and acceptance without modification
of the notices, terms and conditions set forth herein. In addition, as a condition
of your use of this Site, you represent and warrant to ellaandelliot.com that you
will not use this Site for any purpose that is unlawful, immoral or prohibited by
these terms, conditions and notices. If you do not agree or accept without modification
the notices, terms and conditions set forth herein, do not use this Site. Other
than this agreement and agreements between you and ellaandelliot.com relating to
the sale of products or services to you through this Site, ellaandelliot.com will
not enter into any agreement with you or obligation to you through this Site and
no attempt to create such an agreement or obligation will be effective.
This Web site and all its materials, including but not limited to written copy and
product images, are the property of ellaandelliot.com, and are protected by the
provisions of the Copyright Act, by Canadian laws, international treaties, and other
laws. The user may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, transfer or sell any information or material from this Web site,
without written permission from ellaandelliot.com.
ellaandelliot.com grants you permission to view this Site and to print individual
pages from this Site for your own personal, non-commercial use, provided that you
agree to and accept without modification the notices, terms and conditions set forth
in this agreement. You may not modify, copy (except as set forth in the preceding
sentence), distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer or sell any information, material, software,
products or services from this Site.
The trademarks and logos (collectively, "Trademarks") used and displayed on this
Site are registered and unregistered Trademarks of ella+elliot and ellaandelliot.com.
Nothing on this Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on the Site, without
the prior written permission of the Trademark owner. ellaandelliot.com aggressively
enforces its intellectual property rights to the fullest extent of the law. The
name of ella+elliot, ellaandelliot.com, the ella+elliot logo or the other ella+elliot
formatives may not be used in any way, including in advertising or publicity pertaining
to distribution of materials on this Site, without prior, written permission from
ellaandelliot.com. ellaandelliot.com prohibits use of the ella+elliot logo as part
of a link to or from any site unless establishment of such a link is approved in
advance by elalandelliot.com in writing. Fair use of ella+elliot and ellaandelliot.com
Trademarks requires proper acknowledgment. Other product, brand, manufacturer, and
other company names mentioned in this Site may be the Trademarks of their respective
Links to Third Party Sites
This Web Site may contain links to Web Sites owned or operated by parties other
than ellaandelliot.com. Such links are provided for your reference only. ellaandelliot.com
does not control outside sites and is not responsible for their content. ellaandelliot.com's
inclusion of links to an outside site does not imply any endorsement of the material
on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation
or association with its owner, operator or sponsor, nor does ellaandelliot.com's
inclusion of the links imply that ellaandelliot.com is authorized to use any trade
name, trademark, logo, legal or official seal or copyrighted symbol that may be
reflected in the linked Site.
ellaandelliot.com may deliver notice to you by means of electronic mail, telephone,
voicemail, a general notice on the site, or by written communication delivered to
your address, according to the information on record in your ellaandelliot.com account.
ellaandelliot.com will in most circumstances be able to receive your correspondence,
however ellaandelliot.com does not guarantee that it will receive all such information
timely and accurately and shall not be legally obligated to read, act on or respond
to any such submitted information.
Although our goal is to provide accurate information at all times, we cannot guarantee
that any content within this Site is accurate or complete. From time to time there
may be information on this Web Site that contains typographical errors, inaccuracies,
or omissions that may relate to product descriptions, pricing, availability, and
shipping times. We reserve the right to revoke any stated offer and to correct any
errors, inaccuracies or omissions and to change or update information at any time
without prior notice (including after you have submitted your order).
All features, content, specifications, products, and pricing and availability of
products and services described or depicted on this Web Site, and any applicable
policies or terms, are subject to change at any time without notice. This includes,
but is not limited to, errors in product specifications and price listings. Product
availability may not always be 100% accurate at all times due to the real-time nature
of the Internet. ellaandelliot.com reserves the right to discontinue the sale of
any product on this Web Site at any time without prior notice.
While we make all reasonable efforts to accurately depict the attributes of our
products, we cannot guarantee that any of our content is accurate or complete, including
pricing information and product specifications such as colours and finishes. Handmade
products will almost always display variations, including but not limited to: texture,
colour, and finish. These variations are not considered manufacturing defects.
Every effort has been put into depicting the colours of our products as accurately
as possible. Photography style, lighting, and the post-production processing of
photographs can affect the way colours are perceived. In addition to this, the actual
colour you see online will depend on your computer system and monitor. We cannot
guarantee that any colours represented on this Site are accurate.
Most products displayed on our Web Site or in our catalog are available at affiliate
ella+elliot stores. In some rare cases, merchandise displayed for sale on our Web
Site may not be available at ella+elliot stores.
Our ella+elliot affiliate stores will often display and sell exclusive merchandise
that is not listed on ellaandelliot.com. This merchandise is not guaranteed to appear
on the ellaandelliot.com Web Site.
ellaandelliot.com may from time to time, extend certain limited time offerings of
merchandise at promotional prices. While merchandise offered on this Site will usually
be priced the same as merchandise offered at our affiliate ella+elliot stores, in
some cases, ella+elliot stores may have different prices or promotional events at
different times. In these and all cases of price discrepancies, ella+elliot stores
and ellaandelliot.com shall be treated as two separate entities.
Pricing on this Web Site may vary from other advertised prices due to varying conditions
in different geographic markets.
The Prices on this Web Site are listed in Canadian Dollars and are valid and accepted
within Canada only. These prices may not include Shipping, handling, or taxes. These
charges, if applicable, will usually be included in your final invoice (additional
charges may be applied in rare cases). You are responsible for the payment of any
and all shipping and handling charges, and any and all provincial or local taxes
that may apply to your order.
The Estimated Shipping Times listed on this Web Site are based on Estimated Lead
Times provided by the vendor(s) and/or manufacturer(s) and/or distributor(s) (collectively,
the “Supplier”) of each product. The ACCURACY OF THESE ESTIMATES IS
NOT GUARANTEED by ellaandelliot.com, or the Supplier.
Shipping times on this Web Site may vary from other advertised shipping times due
to varying conditions in different geographic markets.
Estimated Shipping Times may indicate a block of time before the item will ship,
by which you may calculate an estimated “Ship Date”. The estimated Ship
Date indicates when the product is ESTIMATED to ship FROM our Toronto facility (or
in the case of drop-shipments, our Supplier’s facility); this does not include
final delivery time of the goods by our preferred carrier, nor does it indicate
when you will receive the goods at your indicated Shipping Address.
After a shipment of goods has left our facility, delivery is carried out by one
of our preferred mail carriers, couriers, movers, White Glove Delivery drivers,
or trucking companies (collectively, the “Carriers”). Any and all Carriers
are not associated with ella+elliot or ellaandelliot.com.
NO ACTION OR INACTION ON YOUR PART OR ON THE PART OF THE DESIGNATED CARRIER SHALL
BE THE RESPONSIBILITY OF ELLAANDELLIOT.COM. This pertains to (but is not limited
to): goods damaged in any stage of transit, goods damaged any time after delivery,
late or lost shipments, accuracy of tracking information, damaged or missing packaging/display
boxes/shipping boxes. We are not responsible for the measurements of doorways, hallways,
stairwells and rooms. We are not responsible for packages that will not fit within
these or other spaces, or goods that are deemed unsuitable for their intended purpose.
Any damage occurring during transit or after delivery is not the responsibility
Shipping and Processing Fees
Our shipping and processing charges are intended to compensate our company for the
cost of processing your order, handling and packing the products you purchase and
delivering them to you. These fees are subject to change. We reserve the right to
bill additional fees at any time without prior notice (including after you have
submitted your order).
All products are covered by the warranty policies of their respective manufacturers.
We strongly recommend you register your warrantied product with the manufacturer
before use. Any warranty-related issue must be addressed directly with the manufacturer.
Any and all comments, feedback, notes, messages, ideas, suggestions or other communications
including original creative materials (collectively, "Comments") sent to ellaandelliot.com
shall remain the exclusive property of ella+elliot and ellaandelliot.com. Your submission
of any such Comments shall constitute an assignment to ellaandelliot.com of all
worldwide rights, titles and interests in all copyrights and other intellectual
property rights in the Comments. ellaandelliot.com will be entitled to use, reproduce,
disclose, publish and distribute any material you submit for any purpose whatsoever,
without restriction and without compensating you in any way. For this reason, we
ask that you not send us any comments that you do not wish to assign to us, including
any confidential information or any original creative materials such as stories,
product ideas, computer code or original artwork.
ELLAANDELLIOT.COM MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS
ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ELLAANDELLIOT.COM SPECIFICALLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT.
ELLA AND ELLIOT PURVEYORS OF EVERYTHING MODERN INC. SHALL NOT HAVE ANY LIABILITY
OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR
ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE OR FOR ANY DAMAGE TO YOUR
COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE.
YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER ELLAANDELLIOT.COM,
ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS WEB SITE, THE MATERIALS IN THIS WEB SITE, THE DELAY OR INABILITY
TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF ANY SUCH DAMAGES.
Limitation of Liability
ELLAANDELLIOT.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE
PERFORMANCE OF THE PRODUCTS, EVEN IF ELLAANDELLIOT.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
ella+elliot and ellaandelliot.com are established businesses in Toronto, Ontario,
Canada. You agree that this agreement and your use of this Site are governed by
the laws of Ontario, Canada . You hereby consent to the exclusive jurisdiction and
venue of the courts, tribunals, agencies and other dispute resolution organizations
in Toronto, Ontario, Canada in all disputes (a) arising out of, relating to, or
concerning this Site and/or this agreement, (b) in which this Web Site and/or this
agreement is an issue or a material fact, or (c) in which this Web Site and/or this
agreement is referenced in a paper filed in a court, tribunal, agency or other dispute
resolution organization. Use of this Web Site is unauthorized in any jurisdiction
that does not give full effect to all provisions of this agreement, including without
limitation this paragraph and the warranty disclaimers and liability exclusions
above. Ellaandelliot.com has endeavored to comply with all legal requirements known
to it in creating and maintaining this Web Site, but makes no representation that
materials on this Web Site are appropriate or available for use in any particular
jurisdiction. Use of this Web Site is unauthorized in any jurisdiction where all
or any portion of this Web Site may violate any legal requirements and you agree
not to access this Web Site in any such jurisdiction. You are responsible for compliance
with applicable laws. Any use in contravention of this provision or any provision
of this agreement is at your own risk and, if any part of this agreement is invalid
or unenforceable under applicable law, the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall govern
With the prior agreement of ellaandelliot.com, any claim, dispute or controversy
arising out of, relating to or concerning this Site and/or this agreement shall
be decided by binding arbitration and any such arbitration proceedings shall be
brought and held in Toronto, Ontario Canada. The decisions of the arbitrators shall
be binding and conclusive upon all parties involved and judgment upon any award
of the arbitrators may be entered by any court having competent jurisdiction. This
provision shall be specifically enforceable in any court of competent jurisdiction.
By use of this site, you agree that ellaandelliot.com may at any time and without
notice change the terms, conditions and notices under which this Web Site is offered.
By use of this site, you agree that no joint venture, partnership, employment or
agency relationship exists between you and ellaandelliot.com as a result of this
agreement or your use of this Web Site.
ellaandelliot.com’s performance of this agreement is subject to existing laws
and legal process and nothing contained in this agreement is in derogation of ellaandelliot.com’s
right to comply with law enforcement requests or requirements relating to your use
of this Web Site or information provided to or gathered by ellaandelliot.com with
respect to such use.
This agreement and terms of sale constitute the entire agreement between you and
ellaandelliot.com with respect to this site. This agreement supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written,
between you and ellaandelliot.com with respect to this Web Site. No modification
of this agreement shall be effective unless it is authored by ellaandelliot.com
or its affiliates, or unless it is physically signed in ink by an ellaandelliot.com
officer. Any alleged waiver of any breach of this agreement shall not be deemed
to be a waiver of any future breach. A printed version of this agreement and/or
of any notice given by ellaandelliot.com in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
or your use of this web site to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained by ellaandelliot.com
in printed form.