Conditions & Policy

These conditions apply to online purchases made through eliaszandella.com and eLiasz and eLLa jewelry Inc. as direct sale(s).

Ordering

Upon placing an order, you will receive a digital receipt automatically confirming your purchase intent. This receipt is not a contract and eLiasz and eLLa reserves the right to cancel the order at any time due to insufficient stock, inability to authorize a credit card, suspicion of fraud or any other reason that prevents eLiasz and eLLa to fulfill and ship the order. eLiasz and eLLa will exercise the right to refuse or cancel orders whether or not your credit card has been charged. If your credit card has already been charged and your order is canceled, eLiasz and eLLa will issue a credit back to the purchasing credit card for the amount charged.

Payments

Eliasz and Ella accepts Visa, MasterCard, American Express and PayPal payments. Eliasz and Ella use PayPal Merchant Services Website Payments Standard to ensure you have the highest level of quality service and protection. We adhere to the terms and policies setout by PayPal for all of our payment transactions.

You do NOT require a PayPal account to make purchases at Eliasz and Ella. When you check out, you will be directed to a page that allows you to log into an existing PayPal account or pay by credit card without having to sign up for a PayPal account. Eliasz and Ella encourages you to visit and read the PayPal Security and Protection webpage:https://www.paypal.com/ca/webapps/mpp/security/online-security-center

Shipping


We can ship to virtually any address in the world. Our shipping setup is global. If you run into any issues completing your international shipping details, please e-mail us directly at martin@eliaszandella.com or call us at 780.633.4103. We will address any shipping issues promptly to get you the Eliasz and Ella jewelry you want!

International Shipping (including the USA)

Items being shipped outside of Canada may be subject to import duties, taxes, and tariffs as imposed by the country the product is being imported to. You \ the customer (the person importing the product) are responsible to pay the import duties and taxes incurred by customs when the product reaches the country of destination. Eliasz and Ella is not responsible for any duties, taxes, or tariffs incurred by the importation of products into countries. You \ the customer are responsible to pay all duties, taxes, and tariffs as billed by the courier and imposed by the customs and import department of their respective country. If you have any questions about our International Shipping Policy, please contact martin@eliaszandella.com or 780.633.4103.

Eliasz and Ella is not responsible to pay the import duties, taxes, or tariffs imposed when ordering or importing products into countries other than Canada.

"FREE SHIPPING in North America" defined

Eliasz and Ella will cover the base shipping cost for orders being shipped within North America (Canada and USA only). Base shipping is the actual cost of shipping a package using eLiasz and eLLa third-party shipper  Canada Post. eLiasz and eLLa is not responsible for any additional costs beyond base shipping as identified in "International Shipping" (including USA) section above.

TRACKING is automatic for orders over $100 CAN in Canada only. Tracking is only available for shipments below $100 CAN at cost to the customer by request only. Tracking through our primary shipper (Canada Post) is a variable cost depending on the destination and is cost prohibitive for orders below $100 CAN.

Returns Policy

If you are not satisfied with your purchase, you can return Eliasz and Ella jewelry and accessories in their original condition and packaging along with your receipt (we issue digital receipts via e-mail) within 30 days of the date of shipment from Eliasz and Ella third party shipper (Canada Post) to our return shipping address for a full refund.

Any item that has been modified and/or is not in a condition to be re-sold will not be eligible for a refund and/or credit.

We do not accept returns and/or issue refunds on earrings due to hygiene reasons unless the return is a result of our error (you received an incorrect or defective product). We are a duly diligent company that has our customer's best interest as a key principle. As a policy, we do not reintroduce any of our earring products back into our sales environments if a return occurs. All earring findings and backings are destroyed and disposed of once back in the possession of Eliasz and Ella after an earring product is returned.

Eliasz and Ella must receive the jewelry and / or accessories intended for return to validate the condition of the jewelry as per the terms outlined before exchange and/or refund actions are taken. It is at the discretion of Eliasz and Ella to determine if items meet the criteria of "original condition" and if the item qualifies for a refund. If the item does not meet the return policy conditions, Eliasz and Ella will ship your purchase back to you. 

To arrange for a return and/or refund, please contact us at martin@eliaszandella.com or 780.633.4103 and we will issue you the necessary information outlining the steps to fully complete the refund and return of the jewelry and/or accessories. Eliasz and Ella will process any required refunds promptly targeting a 1 day processing time for the refund to be processed back to you on your original method of payment from the time Eliasz and Ella receive custody of the shipped goods. Return postage reimbursement to our clients is issued via e-Transfer, PayPal or credit. Other methods of refund postage can be considered at the discretion of Eliasz and Ella.

Eliasz and Ella will not be held directly responsible for orders that have Canada Post or alternate shipper tracking where shipper records indicate the order was delivered to the correct shipping address. In these circumstances, Eliasz and Ella will work with you and our third-party shipper to investigate any orders with documentation supporting proper delivery procedures were followed and achieved. Eliasz and Ella will execute reasonable actions to address the situation to achieve the best possible outcome in this type of situation.

Liability Disclaimer

In no respect shall Eliasz and Ella incur any liability for any damages, including, but not limited to, direct, indirect, special, or consequential damages arising out of, resulting from, or any way connected to the use of the item, whether or not based upon warranty, contract, tort, or otherwise; whether or not injury was sustained by persons or property or otherwise; and whether or not loss was sustained from, or arose out of, the results of, the item, or any services that may be provided. Eliasz and Ella jewelry is not intended for children.

Special Promotions. *some conditions apply

Black Friday. 2016 eLiasz and eLLa promotion.

“25% off” applies to all jewelry offered through eliaszandella.com only from November 24, 2016 21:00 MST to November 25, 2016 24:00 MST. Promotion cannot be applied to Reserve Listings setup prior to November 24, 2016 21:00 (start of the eLiasz and eLLa BLACK FRIDAY promotion). Promotion cannot be applied retroactively to purchases made before November 24, 2016 21:00 MST. Orders submitted that do not meet promotional conditions will be rejected.

“Gifts” and “Gift with Purchase” reference: Spend $100 CAN after 25% discount is applied to total order, receive a Black Ballroom bangin’ bracelet free. Spend $200 CAN after 25% discount is applied to the total order, receive Black Ballroom + SUNRise sTuds free. Total “spend” includes GST. The total checkout amount (the amount that will be charged to your credit card for the order) will be used to confirm the total spend of $100 CAN and $200 CAN.

Thank You ~ The eLiasz and eLLa Team

eLiasz and eLLa jewelry Inc. (eLiasz and eLLa)

SOCIAL MEDIA USER AGREEMENT AND TERMS OF USE 

Acceptance of Terms of this Agreement through Use
1. ELiasz and eLLa jewelry Inc., maintains a Facebook page, Twitter account, Instagram account, and website currently located at www.eliaszandella.com (collectively the “ELiasz and eLLa jewelry Inc. Social Media”) which collectively provide articles, publications, information, data, registration, draws, contests and other materials (the “Content”). The ELiasz and eLLa jewelry Inc. Social Media is provided to you subject to your compliance with the terms and conditions of use defined in this Agreement. By accessing or using the ELiasz and eLLa jewelry Inc. Social Media you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, please do not access or use the ELiasz and eLLa jewelry Inc. Social Media.

Children
1. The ELiasz and eLLa jewelry Inc. Social Media is not intended for use by minors, especially those under age 13. To access, use or register with the ELiasz and eLLa jewelry Inc. Social Media, minors must get prior permission of their parent(s) and/or legal guardian(s). By your use of the ELiasz and eLLa jewelry Inc. Social Media, you represent and warrant that you are the age of majority or have sought permission from your parent(s) and/or legal guardian(s).

Conduct
1. You undertake to provide true, accurate, current and complete information.
2. You may not use the ELiasz and eLLa jewelry Inc. Social Media:
1. For the purposes of fraud or for any activity that contravenes the laws of Canada or any other applicable jurisdiction.
2. To engage in activities that cause or are likely to cause disruption or denial of service to any user of the ELiasz and eLLa jewelry Inc. Social Media.
3. To impersonate any other person.
4. To upload, post, e-mail or otherwise transmit:
1. Any content that is offensive, obscene, unlawful, threatening, abusive, harassing, defamatory, hateful, invasive of another’s privacy or otherwise objectionable.
2. Material which is designed to cause annoyance, inconvenience, or needless anxiety to others;
3. Infringes the patent, trademark, trade secret, copyright or other proprietary right of any other party;
4. Any unsolicited or unauthorized advertising or commercial material, “junk mail”, “spam”, “chain letter”, “pyramid scheme” or any other form of solicitation.
5. Any material that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.

Disclaimer of Warranties
1. You expressly understand and agree that:
1. Your use of the ELiasz and eLLa jewelry Inc. Social Media is at your sole risk.
2. The ELiasz and eLLa jewelry Inc. Social Media and the materials provided on the ELiasz and eLLa jewelry Inc. Social Media are provided “as is” and “as available” without representations, warranties or conditions of any kind, either express or implied.
3. Any material downloaded, printed or otherwise obtained through the use of the ELiasz and eLLa jewelry Inc. Social Media is done at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading, printing or use of any such material.
4. No advice or information whether oral or written, obtained by you from the ELiasz and eLLa jewelry Inc. Social Media will create a warranty, entitlement or right owed to you.
5. You will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from the ELiasz and eLLa jewelry Inc. Social Media.

  1. ELiasz and eLLa jewelry Inc. has made reasonable efforts to ensure that the materials contained on the ELiasz and eLLa jewelry Inc. Social Media are accurate. ELiasz and eLLa jewelry Inc. does not warrant or guarantee:
    1. The accuracy, currency or completeness of the materials;
    2. That the ELiasz and eLLa jewelry Inc. Social Media will be available without interruption, error or omission;
    3. That defects will be corrected; or
    4. That the ELiasz and eLLa jewelry Inc. Social Media and the server(s) that make it available are free from viruses or other harmful components.

Limitation of Liability and Indemnification
1. In no event will ELiasz and eLLa jewelry Inc., its respective directors, agents or employees be liable for any loss, cost or damages whatsoever (including, without limitation, damages for harm to business, loss of profits, programs or data, interruption of activities or any other pecuniary or economic loss) whether direct, indirect, incidental, punitive, special, exemplary, consequential or otherwise arising out of any use or misuse of, or any defects, inaccuracies, errors or omissions in or on the ELiasz and eLLa jewelry Inc. Social Media without regard to the form of action.

  1. You agree to indemnify and hold ELiasz and eLLa jewelry Inc. harmless from any and all losses, damages, liability and costs (including reasonable attorney’s fees) resulting directly or indirectly from any claim or demand against ELiasz and eLLa jewelry Inc. arising out of or related to the accuracy or completeness of the ELiasz and eLLa jewelry Inc. Social Media, your use of the ELiasz and eLLa jewelry Inc. Social Media, your connection to the ELiasz and eLLa jewelry Inc. Social Media, your violation of these Terms of Use, or your violation of any rights of another.

Third Party Websites / Linking
1. Access by way of links to other websites is provided by the ELiasz and eLLa jewelry Inc. Social Media for convenience. ELiasz and eLLa jewelry Inc. does not control the content of such websites and your use of any linked websites is at your own risk.

International Use
1. By choosing to access the ELiasz and eLLa jewelry Inc. Social Media from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. ELiasz and eLLa jewelry Inc. makes no representation that materials on the ELiasz and eLLa jewelry Inc. Social Media are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from the ELiasz and eLLa jewelry Inc. Social Media in violation of any applicable laws or regulations, including, but not limited to, any Canadian export laws and regulations.

Intellectual Property Rights
1. The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos contained on the ELiasz and eLLa jewelry Inc. Social Media are protected by copyright, trademark, database right and other intellectual property laws.
2. You are granted a limited license solely for your own personal, non-commercial use to refer to, bookmark, or point to any page within the ELiasz and eLLa jewelry Inc. Social Media, and to download the materials contained on the ELiasz and eLLa jewelry Inc. Social Media to a single personal computer and print a single hard copy of the materials contained on the ELiasz and eLLa jewelry Inc. Social Media for your own personal reference, provided however that all copyright, trade mark and other propriety notices are left intact. The grant of this limited license is conditional on your agreement to, and compliance with, all of the terms of this Agreement. Any other use of the materials on the ELiasz and eLLa jewelry Inc. Social Media, including any form of copying or reproduction, (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilization, incorporation, or integration with other materials or works or re-delivery without the prior written permission of ELiasz and eLLa jewelry Inc., is strictly prohibited and is a violation of the proprietary rights of ELiasz and eLLa jewelry Inc. or its affiliates.

Modifications/Termination to this Agreement and Services
1. ELiasz and eLLa jewelry Inc. reserves the right to change this Agreement at any time and your continued access to or use of the ELiasz and eLLa jewelry Inc. Social Media after such changes indicates your acceptance of this Agreement as modified. It is your responsibility to review this Agreement regularly.
2. ELiasz and eLLa jewelry Inc. reserves the right to modify, suspend or discontinue the ELiasz and eLLa jewelry Inc. Social Media, or any portion thereof with or without notice to you. ELiasz and eLLa jewelry Inc. will not be liable to you or any third party should it exercise its right to modify, suspend or discontinue services.
3. Without limiting the foregoing, ELiasz and eLLa jewelry Inc. will have the right to immediately terminate your access to the ELiasz and eLLa jewelry Inc. Social Media in the event of any conduct by you which the ELiasz and eLLa jewelry Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement and Terms of Use.

Privacy and Protection of Personal Information
1. ELiasz and eLLa jewelry Inc. respects your right to privacy. By agreeing to the terms of this Agreement, you may be providing ELiasz and eLLa jewelry Inc. with your personal information. This information will be used by ELiasz and eLLa jewelry Inc. for the purpose for which it was provided by you, for verification purposes, draws, contents, transactions, communications, registration and statistical analysis. This information may also be useful to provide you with details of products, services, contests, draws, competitions, training camps or promotions being provided or run by ELiasz and eLLa jewelry Inc. or any other of its associated organizations or any third party which the ELiasz and eLLa jewelry Inc. may select and which ELiasz and eLLa jewelry Inc. may think may be of interest to you, unless you have otherwise specifically opted not to receive this information.
2. ELiasz and eLLa jewelry Inc. acknowledges that they are governed by the Personal Information and Electronic Documents Act (PIPEDA) and will comply with such legislation.

Jurisdiction
1. The ELiasz and eLLa jewelry Inc. Social Media is established and operated in accordance with the laws of Canada and this Agreement will be interpreted in accordance with the laws of the Province of Alberta. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Alberta in any action or proceeding related to this ELiasz and eLLa jewelry Inc. Social Media and agree not to commence any such action or proceeding except in Edmonton, Alberta, Canada.

General
1. This Agreement constitutes the entire agreement between you and the ELiasz and eLLa jewelry Inc. and governs your use of the ELiasz and eLLa jewelry Inc. Social Media.
2. Your continued use of the ELiasz and eLLa jewelry Inc. Social Media constitutes affirmative acknowledgement by you of the terms and conditions of the Agreement, including without limitation, any modifications or changes thereto.
3. If any portion of this Agreement is deemed by any court of competent jurisdiction to be illegal or unenforceable, then the remaining provisions of this Agreement will remain in full force and effect notwithstanding.
4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the ELiasz and eLLa jewelry Inc. Social Media or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.