These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") with ellaelement.shop, (hereinafter referred to as the “Website”, “We,” “Us,” or “Our”), owned and operated by E’s Element Inc. for our products and other accessories ("Products"). (hereinafter referred to as “the Company”). . Pre-orders are items that are not available and/or are currently sold-out in our store. A pre-order is placing orders in advance of stock being received by E’s Element and requires a full payment up front. Please read these Terms carefully before submitting your Pre-Order of any E’s Element Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-Order Reservation
When placing a Pre-Order for E’s Element Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. E’s Element shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your contact and mailing information up to December 9th 2022 by sending an e-mail to firstname.lastname@example.org. After December 9th we are unable to change your shipping information.
You will be charged the full price of the Products at the time of placing the Pre-Order. If E’s Element is unable to commence shipping the Products on or before six months after you placing the Pre-Order, E’s Element shall process a full refund to you. Your placing of a Pre-order constitutes your express agreement to E’s Element of charging the full Price of the Products at the time of your order being placed to the account provided.
3. Delivery Schedule
[Last Modified: October - December 2022]
Orders placed by December 4th are expected to ship between the week of December 4th 2022. Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and E’s Element does not guarantee, represent or warrant that it will be able to ship the Product by the estimated date. Such a delivery date is only an estimate. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, E’s Element is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates via email with respect to such delivery schedules. If for any reason you decide that you do not wish to continue to wait for your Product, solely provided it has not been shipped, on or after the six month anniversary of your placing the Pre-Order, you may cancel your pre-order as provided for in Section 5 below.
The purchase price ("Price") does not include taxes and shipping, which are your responsibility.
Once you place your order, your order is final, noncancelable and non refundable, except as specified in these terms and the applicable terms of sale.
If you wish to cancel your order, prior to shipment, on or after the six month anniversary of your placing the Pre-Order, you may cancel your pre-order by sending us an email at email@example.com. If approved by E’s Element in its sole discretion, your refund will be processed to the original method of payment within 14 days of such cancellation request being received and approved.
6. Limitation Of Liability
UNDER NO CIRCUMSTANCES WILL E’S ELEMENT BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT E’S ELEMENT IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE BUT IN NO EVENT SHALL E’S ELEMENT BE RESPONSIBLE FOR ANY APPLICABLE INTEREST, TAXES, OR SHIPPING COSTS.
7. Terms and Conditions of Sale
The purchase of the Products is subject to additional terms and conditions provided by E’S ELEMENT. The current Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy.
8. Age and Residency
You acknowledge that you are at least 18 years old, are a resident of Canada and the United States, and will take delivery of your Product in Canada and the United States.
9. Customer Information
10. Changes to the Terms
E’S ELEMENT reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your order as described in Section 5 above.
11. Miscellaneous Provisions
These Terms constitute the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the Province of Ontario. You may not assign this Agreement or any of the rights granted to you hereunder.
12. No Warranty
Except as expressly provided in E’s Element Terms and Conditions, Shipping Policy, and Returns Policy found at www.ellaelement.shop, and to the maximum extent permitted by applicable law, the Products are provided “as is” and “as available”, with all faults and without guaranteed warranty of any kind, and E’s Element hereby disclaims all warranties and conditions with respect to the Products, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.