Terms of Sale

 

THESE TERMS OF SALE ARE AN AGREEMENT (“AGREEMENT”) BETWEEN YOU AND US TO PURCHASE THE ITEMS IN YOUR ORDER. PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING YOUR ORDER (1) YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, (2) YOU ARE CONSENTING TO ENTER INTO THIS AGREEMENT IN ELECTRONIC FORM, AND (3) YOUR CLICK SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE ACCEPTING THIS AGREEMENT. If you do not wish to accept this Agreement, you should not order any products through our website.

Orders and Acceptance

By submitting an order, you represent and warrant that all personal information you have entered for the order is valid.

Except with respect to out of stock items noted in the “Lack of Availability” section below, you cannot cancel or change an order once it has been submitted. All orders are expressly conditional upon acceptance by us. You should notify us immediately if discrepancies are noted in the acknowledgment.

We only ship within Canada and its territories.

We will issue an e-mail notifying you when your order has been shipped.

Lack of Availability

iSales makes a reasonable effort to provide correct inventory information on its web site and through our Consumer Service phone line. If an item you have ordered is not in stock after the order has been placed, you will receive an email (if an email address has been provided) or a telephone call indicating that the product is not in stock and when we expect stock to be available. The notification will contain instructions for how to cancel the order (or backordered portion of the order) if you so choose.

You may cancel an order for out of stock and/or backordered items at any time prior to shipping by contacting our Consumer Service department at 1 800 667-4111 Monday – Friday, 8:30 a.m. – 6:00 p.m EST. We reserve the right to cancel orders for out of stock items at any time by giving notice to you.

Parts listed as backordered may take up to eight (8) weeks (or more for certain items) to be restocked.

Product Descriptions

We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions or other content of our website are accurate, complete, reliable, current, or error-free. Each product is warranted, if at all, only as set forth in the link associated with the description of that product. We encourage you to review product warranties before completing your purchase.

Pricing

All prices on our website are listed in Canadian Dollars. Prices do not include shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order.

In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

Payment

All payments on-line must be made by VISA or MasterCard. Your rights as a cardholder are governed by your card issuer agreement and not this Agreement. You agree to notify us within sixty (60) days after any discrepancy appears on your credit card statement or such discrepancy will be deemed waived. If we do not receive payment from your credit card issuer or its agent, you agree upon our demand to pay all amounts due. You are responsible for paying any use, value-added or other taxes imposed on your purchases. We will not be responsible for any unauthorized amounts billed to your credit card by a third party.

Shipment and Delivery

Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via a carrier that we select, or if we give you a choice of shipping method, the carrier that you select. If you choose an express delivery service, an additional charge will be imposed at the time of your order. If your order is accepted and the items selected are in stock, your order will normally ship within the time indicated on our website. All ship and delivery dates specified on our website are estimates only and are subject to change. We do not guarantee delivery dates, and we are not responsible for delays by the carrier. In the event that there are multiple shipments, the total value of the shipping charge will not exceed the original estimated shipping charge. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. Inspect your shipment upon arrival. Report any shipping-related damage immediately to the carrier.

Returns

Returns are only accepted for items purchased on www.elfe.com website or through our internet sales telephone line and within 30 days of purchase. iSales does not accept returns of items purchased through any third-party, including its retail partners. To obtain further return information or to arrange to return your item please visit the online Return Policy. You may also contact a Consumer Service representative at 1 800 667-4111, Monday – Friday 8:30 a.m. – 6:00 p.m EST. All returned items must be shipped freight pre-paid. Please use a package delivery service able to track and/or insure your return items. By placing an order on elfe.net or graco.net, you are accepting this return policy.

Electronic Communications

When you visit our website, place an order or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You 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. Your consent to enter into this Agreement electronically covers the current transaction only. Future transactions will require additional consent. If you wish to have a copy of this Agreement in paper form and you are unable to print a copy on your own computer system, we will provide you with a paper copy at no charge if you contact our Consumer Service line at the number below.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OR THE PERFORMANCE OF ANY PRODUCT, REGARDLESS OF WHETHER WE KNOW OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES DO NOT ALLOW EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.

Consumer Service

Our Consumer Service personnel can be reached toll free via telephone 1 800 667-4111, Monday – Friday, 8:30 a.m. – 6:00 p.m. Eastern Standard Time. They can also be contacted through the “customer care” section on the web-site.

Warranty

Our Limited Warranty can be accessed here




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