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Terms of use

TERMS OF USE WELCOME

Eläma Fur welcomes you to our website. Please read the following Website terms of use before using the Website or any of the services available through the Website. By accessing and using the Website or the Services, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, you should not access the website nor download any part of its Content.

OWNERSHIP/RESTRICTIONS ON USE

The Website is owned and operated by Eläma Fur. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to Eläma, its affiliates and/or third-party licensors. The Content is protected by Canadian trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Eläma. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Eläma. To obtain written consent for such reproduction, please contact us at connect@elamafur.com.

Unless otherwise specified, our Website is for your personal and non-commercial use and for purely informational and entertainment purposes.

ACCURACY OF INFORMATION

Although Eläma takes all possible steps to ensure the accuracy of the information included in this Website, no assurance is given that information or material on this Website is up-to-date, accurate, error-free or complete. Eläma takes no responsibility for errors or omissions in the content of this Website, including those relating to product descriptions, pricing, and availability. We reserve the right to correct, change or update information at any time without prior notice. Your sole remedy for the purchase of any product on the Website is to return it for a full or partial refund as set forth in the Refund Policy.

REGISTRATION AND PASSWORDS

To access certain portions of the Website, you may be asked to complete an online registration form. In consideration for your use of this Website and the Services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes. As part of the registration process, you may be asked to provide a user name or password. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify Eläma of any unauthorized use of your password or user name or any other breach of security.

USER CONDUCT

You may have the opportunity to upload, publish, display or otherwise post information, ideas and opinions on the Website through product reviews, responses, feedback or other material (collectively, “User Content”) posted to the Website. By choosing to access the Website and/or by submitting User Content, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations, the other conditions of these Terms of Use, and any other rules which may be published from time to time by Eläma. In addition, without limiting the foregoing, you agree not to:

a. upload, post, e-mail or otherwise transmit any User Content that:

i. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

ii. infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any third party;

iii. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or

iv. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

b. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;

c. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;

d. impersonate any person or entity, including, but not limited to, a Eläma employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e. attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;

f. interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and

g. use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website. The foregoing is hereinafter collectively referred to as the “Code of Conduct”.

USER CONTENT

You are solely responsible for all User Content that you upload, publish, provide a link to or display (hereinafter, “post”) on or through the Website. You may not publish User Content on the Website that you did not create or that you do not have permission to post.

Eläma is not responsible for User Content and will not have any liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, and obscenity or otherwise. Eläma may, but is not obligated to, monitor or review activity on the Website and any User Content and may block, edit, delete or remove (without notice) any User Content at its sole discretion. Eläma reserves the right to terminate the privilege of any user to post User Content or to participate in other Eläma Services if such users violate these Terms of Use and/or the Code of Conduct.

By submitting any User Content to the Website you grant Eläma a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to use, reproduce, modify, edit, publish, create derivative works from, translate, license, publicly perform and display the User Content (in whole or in part) for any purpose whatsoever and/or to incorporate it in other works in any form, media or technology now known or later developed, without your prior approval, and you further waive any “moral rights” that you may have in the User Content. In addition, by submitting the User Content to Eläma, you represent and warrant that you own and control all rights in and to the User Content and that you have the right to grant the foregoing rights to Eläma. User Content represents the views and opinions of the person(s) submitting same.

You acknowledge that Eläma may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that email messages, message board postings or other User Content will be retained on the Website. You agree that Eläma has no responsibility or liability for the deletion or failure to store any messages, other communications or User Content maintained on or transmitted by the Website. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website.

PRODUCT REVIEWS

Eläma strives to provide to the public product reviews of the highest quality and integrity. We encourage honest and respectful communication. Therefore, in addition to complying with the Code of Conduct, if you submit a product review you hereby agree:

• Not to post a product review unless you own or have used the product;

• To post only one review for each product (unless you are providing new information);

• Not to include insults, personal attacks or inflammatory language in a product review; and

• Not to post a review of a product if you are an employee (or a relative of an employee) of the manufacturer of the product or of a competitor’s product. You also understand and agree that Eläma is under no obligation to display any product reviews that you submit on the Website, and may edit or remove product reviews at its sole discretion.

CONTESTS

From time to time we may offer and/or co sponsor contests, sweepstakes and games on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.

LINKING

It is our goal to provide increased value to you, our visitors. Therefore, for your convenience, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked Websites are independent from Eläma and that Eläma has no control over the content of such Websites. Consequently, Eläma cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

We welcome any feedback that you may have concerning the external links that we have placed on our Website.

DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep the content contained on the Website accurate as much as possible, errors and/or omissions may occur.

ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ELÄMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELÄMA DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL ELÄMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF ELÄMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold harmless Eläma, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from:

a. any content (including User Content) you (or anyone acting under your password or user name) submit, post, transmit or make available on the Website;

b. your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct; and/or

c. your violation of any law or rights of a third party.

CHANGES AND TERMINATION

Eläma reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Eläma reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Eläma to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

TRADEMARKS

“Eläma” is a trademark of The Elias Sisters Inc. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Eläma. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS

These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Quebec City, Province of Quebec. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any and all other legal notices or statements posted on the Website, including the Privacy Policy, constitute the entire agreement between you and Eläma with respect to the use of the Website, including the Content.

NOTICE

Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.If you have any questions or comments regarding these Terms of Use please contact us at connect@elamafur.com 

PRIVACY POLICY WE CARE ABOUT PROTECTING YOUR IDENTITY AND PERSONAL INFORMATION. OUR PRIVACY POLICY APPLIES TO THE PERSONAL INFORMATION WE COLLECT IN STORE, THROUGH OUR WEBSITE AT WWW.ELÄMAFUR.COM, AND THROUGH OUR CUSTOMER RELATIONSHIPS. AT ELÄMA, WE RESPECT OUR CUSTOMERS. WE UNDERSTAND YOUR CONCERNS ABOUT PRIVACY, SO WE HAVE POSTED THIS PRIVACY POLICY TO INFORM YOU WHAT PERSONAL INFORMATION WE COLLECT, HOW IT IS TREATED, WHAT CHOICES YOU HAVE REGARDING OUR USE OF YOUR INFORMATION, AND HOW YOU MAY ACCESS YOUR PERSONAL INFORMATION.

For more information about the Terms of Use for this site, please visit our legal page. This Privacy Policy applies to personal information we collect at our stores, through our website located at www.Elämafur.com, and through other interactions with our customers.

COLLECTION AND USE OF PERSONAL INFORMATION

You can browse in our stores or on our Website without giving us any personal information. We may collect personal information when you:

• Purchase, order, return or exchange merchandise;

• Request to be on our email list or to receive other marketing communications;

• Sign-up to receive a Eläma catalog;

• Register on our Website;

• Apply for employment;

• Participate in one of our contests or promotions or respond to a survey;

• Submit a comment or question to customer service via e-mail or our live chat, or visit a customer service desk in one of our Stores.

Shopping at Eläma: You do not have to provide us with any personal information when you purchase products and services for cash at one of our retailers. If you use a debit or credit card for any of your purchases, we collect your debit or credit card-related information and signature (in-store only) for the purposes of processing and administering your payment. For purchases made on our Website, we also collect your billing and shipping address, telephone address, email address and gift message (if provided) in order to deliver the products you ordered. We may also collect optional information such as your date of birth which we use to send you a birthday greeting.

When you return or exchange previously purchased merchandise in one of our Stores, you may be asked to give your name, address, and phone number. We collect this information to administer our loss prevention program, including to help detect and prevent fraud. For merchandise returns where a customer receives a refund on a debit or credit card, we will collect and use debit and credit-related information to process and administer the refund transaction.

Marketing Communications: When you sign up to receive our newsletter, catalogue or other promotional communications via mail or email, we may collect personal information such as your first and last name, email and/or mailing address (depending on method of delivery) and interests in order to provide you with the service you requested.

We want to contact you only if you want us to. You are free to choose at any time not to receive our promotional communications by clicking the “Unsubscribe” button that appears at the bottom of our e-mails or by contacting us as set out in the “Unsubscribe” section below.

Online Registration: Some of the features available on our Website (such as the wish list and address book) may require you to register. When you register, we collect your first and last name, email address and a password that you select in order to provide and otherwise administer the service you requested. At the time you register online, we may ask your permission to send you future marketing information from Eläma or its marketing partners. To withdraw your consent for such communications, contact us as set out in the “Unsubscribe” section below.

Employment Opportunities at Eläma: We may advertise employment opportunities on our Website. In connection with a job application or related inquiry, you may provide us with certain personal information about yourself (such as that contained in a resume, cover letter, or similar employment-related materials). We use this information to process and respond to your application for employment or related inquiry.

Contests, Promotions, Surveys: When you enter a contest, participate in a promotion, or respond to one of our surveys, we may collect your name, address, phone number and e-mail address. We use this information to administer your participation in the contest or promotion and, for surveys, to understand our customers and enhance our product and service offerings, promotions and events. At the time you are entering the contest, promotion or survey, we may ask your permission to send you future marketing information from Eläma or its marketing partners. To withdraw your consent for such communications, contact us as set out in the “Unsubscribe” section below

The “Send to a Friend” and other similar features on our Website permit you to send emails to others. This feature requires you to submit your name and email address, as well as the name and email address of the recipient. We do not use the names or email addresses submitted in these circumstances for any other purpose without the consent of you or the email recipient to do so.

Customer Service: When you submit a comment or question to customer service via e-mail or our live chat, or when you visit a customer service desk in one of our Stores, we may collect personal information such as your name, e-mail or mailing address and/or a phone number in order to respond to your comment or question. We also collect various types of information that you provide in order to allow us to answer your question.

DISCLOSURE OF PERSONAL INFORMATION

Except as otherwise set out herein, we will not disclose, trade, rent, sell or otherwise transfer personal information about our customers to any third party without consent.

Service Providers: We may transfer your personal information to third parties who provide services on our behalf, such as process payments, host our Web site, send email or other communications on our behalf, run our contests and promotions, or analyze our advertising effectiveness. Your personal information may be stored and processed in the United States by our affiliates and other third party service providers.

These service providers are subject to a nondisclosure agreement and to other legal restrictions that govern their use of information we provide them and they are not authorized to use or disclose personal information for any purpose other than to provide services on our behalf or as otherwise required by applicable law.

Legal: We and our service providers must give your personal information in response to a search warrant or any other legally valid inquiry or order or to an investigative body in the case of a breach of an agreement or contravention of law, or as it is required by applicable law.

Sale of Business: We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Eläma or as part of a corporate reorganization or stock sale or other change in corporate control.

WEBSITE INFORMATION

When you visit our Website, we collect the Internet Protocol address of all visitors to our Website and related information such as the Internet browser you are using, the computer operating system you are using, time spent visiting the Web site, usage patterns within the Web site, and the domain name of the web site from which you linked to our site. We collect this information to help us understand and improve your experience on the Website.

COOKIES AND WEB BEACONS

Our Website uses a technology called “cookies”. A cookie is a tiny element of data that our Website can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. We use cookies on the pages on our Website where you are prompted to log in or that are customizable. If you have registered with our Website, these cookies help us identify you and may be necessary to provide you with products or services you request. Cookies may also provide us or our service providers with information that we will use to personalize our Web site in accordance with your preferences. You may set your Web browser to notify you when you receive a cookie. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the features of our Website. Our Website may also use a technology called “tracer tags” or “Web Beacons”. This technology allows us to understand which pages you visit on our Website. These tracer tags are used to help us optimize and tailor our Website for you and other future visitors to our Website.

DEACTIVATE ACCOUNT/UNSUBSCRIBE

If you want to deactivate your account, please submit a request electronically at connect@elamafur.com.

If you do not want to continue to receive e-mail from Eläma, please follow the steps outlined below. Please note that every time we send you an email, we will give you the option to unsubscribe from our e-mail list, so you’ll be able to stop receiving our e-mails at any time. You may also contact us as set out under “Contact Us” below. Please allow 10 business days for your request to take effect. We appreciate your patience and understanding in giving us time to carry out your request.

SECURITY OF PERSONAL INFORMATION

We realize that our customers trust us to protect their personal information. We take that task seriously. We have implemented measures in an effort to safeguard the personal information in our custody and control, including only providing access to personal information to employees and authorized service providers who require such information for the purposes described in this Privacy Policy. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control.

To provide you with an increased level of security, online access to certain personal information may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. Eläma will never ask you for your password in any unsolicited communication.

Notwithstanding the foregoing, you should be aware that, unfortunately, no data transmission over the Internet can be guaranteed to be secure. As a result, Eläma does not represent, warrant or guarantee that personal information will be protected against loss, misuse or alteration and does not accept any liability for personal information submitted by you, nor for your or third parties’ use or misuse of personal information.

Below are some recommendations to help ensure that your online shopping is safe.

• If you use a public computer, always close your session when you are done.

• Do not disclose your passwords. Remember that somebody who knows your password can access your account.

• When you create a password, use at least 8 characters – a combination of letters and numbers is the best. Don’t use dictionary words, your name, your e-mail address or any other personal information that can be easily obtained. It is also recommended to change your password often. If you need help, visit the “Account” page, click on “Change password” tab.

• Use a different password for your different accounts online.

• Beware of unsolicited e-mails and unsolicited phone calls.

In addition, Eläma will never contact you to ask you information about your credit card number or bank account. Information like this should be sent to Eläma only when you do a transaction, by contacting Eläma directly or by modifying your account online. If you receive a suspect e-mail with a link to update the information on your account, do not click on this link. Go directly into your account on www.Eläma.com. If a stranger contacts you, sends you an unsolicited email or asks you to confirm or give your password or personal or banking information, ignore the request and contact us immediately.

For security reasons and to prevent fraud, orders paid by credit cards through this website will be accepted by Eläma only if the billing name and address match the name and address on the credit card of the buyer. If the information does not match, your order will be refused, even if the transaction was pre-authorized by your bank. In that case, the amount of the order will be available for use only when the credit will be back in your account. This can take from three to five business days.

ABOUT CHILDREN

Children Under 13 You can browse our Web site, but you cannot make a purchase. You also cannot become a registered user, or use any service that asks for personal information. Our site is not designed for children. We do not wish to collect personal information from children under 13. This policy is designed to protect children. If you register with us and we discover that you are under 13, we will delete your registration information. We will send you an email message if we do this. If you are under 13 and want to make a purchase, please ask a parent to place the order for you.

CHANGES TO OUR PRIVACY POLICY

This Privacy Policy may be updated periodically to reflect changes to our personal information practices. The revised Privacy Policy will be posted on the Website. We will treat your personal information in accordance with the Privacy Policy in place at the time of collection of such information, or as you otherwise consent.

CONTACT US

You may contact us with the contact information below at any time if you have any questions or comments about this Privacy Policy; wish to access, update and/or correct inaccuracies in our records of your personal information; to withdraw your consent for marketing communications; or have a complaint about the manner in which we treat your personal information.

Eläma

9250 Parc ave suite 202,

Montreal,Quebec H2N 1Z2

connect@elamafur.com

CHANGES TO INFORMATION ON OUR WEBSITE

Dates of the current offers, prices and availability of goods on the website may be changed without notice. We work hard to show only the available articles and to resupply stocks regularly. However, it may happen that we run out of stock of certain colours or sizes of items in our inventory when the order is placed. Once your order is processed, you will receive an order confirmation with the date of receipt of your order, the availability and the price of each article ordered. From time-to-time, we may have to cancel an order placed through our website if, for example, the merchandise ordered unexpectedly becomes unavailable for shipment.

While we try as hard as possible to meet your needs, we reserve the right to revise any price or inaccurate description and to cancel or refuse any order with an inaccurate price or description. These corrections can be made even after the acceptance of an order.

SALES TAX

In Canada, Eläma collects sales tax for products ordered on this website. The rate of sales tax that will apply to an order is dependent on the delivery address of the order. The 5% GST (Goods and Services Tax) is added to all orders in every province except for the following provinces in which the HST (Harmonized Sales Tax) is added to all orders: Nova Scotia (15%), Ontario, New Brunswick, Newfoundland and Labrador (13%) and Prince Edward Island (14%). In addition, provincial sale tax is added to all orders in the province of Québec (9.975%).

Sales taxes do not apply to orders shipped to the United States.