Terms of service

Your satisfaction is our number one priority.

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. The following contains legal notices and disclaimers pertaining to the use of this site.

Special Orders

  • All pre-ordered products and custom ordered products are deemed as “Special Orders”.
  • All Special Orders are FINAL SALE; any purchase requiring assembly is a FINAL SALE; any purchase that is not in its original condition and packaging is a FINAL SALE. All FINAL SALE items are ineligible for return or exchange.
  • ALL LEAD TIMES ARE ESTIMATES ONLY. These estimates are based on information 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 ella+elliot, or the Supplier.
  • All Special Orders must be paid in full prior to pick-up or delivery.
  • All Special Orders that have been received at the ella+elliot warehouse, but have not been paid in full for more than six (6) months, will be forfeited and become the property of ella+elliot. Payments will remain non-refundable, as stipulated above.
  • DELIVERY AND INSTALLATION IS NOT INCLUDED. All pick-ups and deliveries are subject to warehouse hours of operation. Delivery is available through a third party for a few; each scheduled delivery will be charged separately.
  • Customers are fully responsible for their own measurements. It is not the responsibility of ella+elliot to ensure that Special Orders will fit into vehicles, or through doorways, hallways, stairwells, etc.
  • Any and all damages must be reported no later than one (1) week following pick-up or delivery.
  • ANY AND ALL WARRANTIES ARE LIMITED TO THE MANUFACTURER’S WARRANTY. Customers are fully responsible for registering their purchase for warranty as required by the Supplier. It is not the responsibility of ella+elliot to ensure that products are registered for warranty.

In the case of a discrepancy between this document and your receipt and/or a verbal agreement, the information in this document will prevail.

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 of use.

Use License

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.

Copyrights

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.

Trademarks

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 owners.

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.

Communication

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.

Contacting us

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.

Accuracy

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.

Product Specifications

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.

Availability

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.

Pricing

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.

Shipping

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 of ellaandelliot.com.

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).

Warranty

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.

Submissions

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.

Disclaimer

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.

General

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 such use.

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.