TERMS AND CONDITIONS
Introduction
These terms and conditions (Terms and Conditions) govern your use of, access to and purchase of products through https://www.placeofelms.com/ (the “Website” or "Site" or “POE” or “Place of Elms Inc.”). By using the Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
General
https://www.placeofelms.com/ is the property of Place of Elms Inc., whose registered office is at 1740 Saint-Patrick, Montreal, Quebec, Canada (CA) H3K0B3 (POE, we, us and our).
Other Site Policies
Please review our Terms and Conditions, Return Policy, Privacy and Cookies Policy (collectively, the “Site Policies"). All Site Policies are incorporated in these Terms and Conditions by this reference and, therefore, apply to your access to, use of and purchase of products from the Site (“Product”). If you do not agree to our Site Policies, please do not use the Site. We reserve the right to make changes to the Site, the Site Policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provided are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your login ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
Operation of Website and Delivery of Services
Please note that the delivery logistics service is being provided by the Provider to you, the customer, and as such, you are entering into a contract for delivery services provided by the Provider. The Provider may make a charge for these services, which will be shown prior to checkout and your purchase of the Products.
Products
The Products are owned and sold on the Website by POE. POE attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. Please note that the images of the Products on the Website are for illustrative purposes only and while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Purchase for Personal Use Only
You may purchase products on the Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our Terms and Conditions. Neither POE nor the Provider has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Ordering and Availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "SUBMIT" button on the checkout page. All orders are subject to email confirmation by us. After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "SUBMIT" button, you enter into an obligation to pay for the Products. When we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between you and us in relation to the Products ordered (“Contract”) will only be formed when we send you the Dispatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract. The Contract will relate only to the Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Please note that the Products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed.
Shipping Costs
You are responsible for the shipping costs associated with the delivery of the Products you purchase on the Site as specified on your order confirmation unless specified in the checkout page.
Delivery and Shipments
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, within 30 days after the date of the Dispatch Confirmation, unless there are exceptional circumstances. Delivery is deemed complete upon receipt of the Products to the address you specified in your order. If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses. Products within the same order cannot be delivered to different addresses. We would like to remind you that all Products purchased are intended for use in the country they were ordered from. If, however, you decide to take the items to another country, you will be responsible for adhering to both the exportation legislation of the order country and the importation legislation of the destination country. We shall not be held liable.
Shipments are made by our trusted courier and take place from Monday to Saturday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours between 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place.
Please note that the courier may require deliveries to be signed for. If you order Products for international delivery, they may be opened and inspected by customs authorities and may be subject to additional import duties and taxes which are levied when the delivery reaches the specified destination. Place of Elms will be responsible for payment of any such import duties and taxes, which are included in the price. Please note that we have no control over these charges and cannot predict their amount.
Place of Ëlms, ensures compliance with all International customs laws, including the applicable duties and taxes for our customers. All shipments to the United States, E.U and UK are processed in accordance with these regulations, and any duties or taxes due are handled in line with the customs requirements.
In the event that you return a Product, the import duties will be refunded if they were originally included in the purchase price. If they were not included, then you will be responsible for reclaiming duty directly from your local customs office.
Pre-Orders
All Products are available to ship unless it is a pre-order item. All pre-order Products have an estimated ship date, that indicates the date that the Product will be shipped out from our warehouse, but these Products may arrive sooner or later than specified.
Credit cards are charged at the time of the pre-order, subject to our usual fraud checks. Estimated shipping date is published online. POE is not liable for delays, cancellations or changes to pre-ordered items made during production. If a pre-ordered item will not be shipped out by the estimated shipping date, the customer will be notified and, at the customer’s election, either refunded in full or provided with an updated estimated shipping date. If an order includes both available and pre-ordered items, at least two separate deliveries will be most likely made to the customer.
Price and Payment
Prices may change without notice. While we try to ensure that all prices on our Website are accurate, errors may occur. Changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced.
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards, Google Pay, Apple Pay, PayPal and crypto payments. From time to time, we may run promotions where we issue discount codes. These can be used in part-payment of the price of Products ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Products stated. Discount codes cannot be redeemed for cash.
Returns and Refunds
Please refer to our Return Policy which forms an integral part of these Terms and Conditions.
Returned Products must conform to our returns policy below.
You have a legal obligation to take reasonable care of the products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines:
If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).
You cannot cancel a contract for the supply of any of the following Products:
Product Information
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contact Us).
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
Intellectual Property
All content included on the Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of POE and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of POE as the case may be. POE shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. POE shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by POE shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
Licensee and Site Access
The viewing, printing or downloading of any Content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You will be solely responsible for all damages and other harm resulting from your use of the Site and the Content. POE shall not be deemed liable for any use of the Site and the Content made by you in violation of any applicable laws and regulations and these Terms and Conditions.
External Links
The Site may, from time to time, include links to external sites “Third Party Websites”, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of Third Party Websites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY THE PROVIDER, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE THE PROVIDER AND/OR POE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
Miscellaneous
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us shall be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
All matters arising out of or relating to these Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement shall be governed by the laws of Canada. The Canadian courts shall have the exclusive jurisdiction to settle all legal proceedings arising out of or in connection with these Terms and Conditions.
Disclaimers and Limitations of Liability
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Privacy
The Terms and Conditions of the Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of Products through the Site.
Force Majeure
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
Contacting Us
Please submit any questions you have about these Terms and Conditions by email to service@placeofelms.com
ACCESSIBILITY, PRIVACY AND COOKIES POLICY
Accessibility
Place of Elms Inc. is committed to ensuring that individuals with disabilities can access all of the goods and services through the website www.placeofelms.com, and its mobile version. Please be aware that our efforts are ongoing as our current website provider implements the relevant improvements to meet WCAG 2.1 A and AA guidelines over time.
Introduction
This is the privacy and cookies policy for www.placeofelms.com, being the e-commerce website of Place of Elms Inc. (we, us and our) for the sale and purchase of our products (Site). For the purposes of data protection legislation, we are the data controller in relation to the personal data processed in accordance with this policy.
We are committed to protecting your privacy on-line when visiting the Site or communicating electronically with us. We appreciate that you do not want the personal information you provide to us distributed indiscriminately and here we explain how and why we collect and process personal data, what we do with it and what controls you have. We will also treat all your personal information as confidential, keep it on secure servers, and comply with all applicable Data Protection laws and consumer legislation.
By using the Site, you acknowledge that you have read the terms of this privacy and cookies policy.
Whose Personal Data Do We Process?
We may process personal data relating to you if:
- You are a user of our Site.
- You are our customer.
- You use our products.
- You are someone to whom we want to advertise or market our products.
Information We May Collect From You
Through your use of the Site, we may collect and process the following information about you:
You are under no obligation to provide any such information. However, if you should choose to withhold requested information (e.g. your address or payment details), we may not be able to provide you with certain services.
Cookies
What are Cookies?
Most websites you visit will use cookies to improve your user experience by enabling that website to remember you, either for the duration of your visit (using a 'session cookie') or for future visits (using a 'persistent cookie').
A cookie is a simple text file that is issued to your computer when you visit a website and which stores and sometimes tracks information about your use of a website. Each cookie is unique to your browser. It will contain some anonymous information such as a unique identifier, the website name and some digits and numbers. It allows a website to remember things like your preferences or what's in your shopping cart.
Although they do identify a user's computer, cookies do not personally identify users, and passwords and credit card information are not stored in cookies.
Cookies are not programs and therefore cannot contain viruses or other malicious software.
How We Use Cookies
You can find a summary of the various types of cookies we use below. Our cookies are used for 5 types of purpose:
We use the following categories of cookies on our Site.
CATEGORY 1: STRICTLY NECESSARY COOKIES
These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have asked for such as remembering your login details or shopping cart items cannot be provided. These cookies are passed under HTTPS in an encrypted format. This provides the most security when identifying you as a user. We will also use cookies in order to protect the brand and our customers from fraudulent activities during the checkout operations. In this context, we may engage third parties that will help us to conduct this activity. All the data collected throughout these cookies will be encrypted and stored for a period of 4 (four) years and will be processed only in the case that a customer checks out any of our products.
CATEGORY 2: PERFORMANCE COOKIES
These cookies collect anonymous information on how people use our Site. For example, we use Google Analytics cookies to help us understand how customers arrive at our Site, browse or use our Site and highlight areas where we can improve areas such as navigation, user experience, shopping experience and marketing campaigns. The data stored by these cookies never shows personal details from which your individual identity can be established.
Google Analytics is a system used by many websites to record information about who visits a website. Google sets 5 different cookies with expiry dates ranging from 1 day to 2 years. These cookies are used mainly to differentiate between first time visitors to a website and repeat visitors. They do not contain any personally identifiable information.
CATEGORY 3: FUNCTIONALITY COOKIES
These cookies allow us to:
Remember choices you make such as the country you visit our Site from, language and search parameters such as size, color or product line. These can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.
Remember that you have visited us before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get.
CATEGORY 4: TARGETING COOKIES OR ADVERTISING COOKIES
These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks. They remember the websites you visit and that information is shared with other parties such as advertisers.
CATEGORY 5: SOCIAL MEDIA COOKIES
These cookies allow you to share what you’ve been doing on the Site on social media such as Facebook, Instagram and Twitter. These cookies are not within our control. Please refer to the respective privacy policies for how their cookies work.
Controlling or Deleting Cookies
Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.
If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.
Information on deleting or controlling cookies is available at www.AboutCookies.org, which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device.
For CPRA/CCPA, here are the instructions for the visitors on how to opt-out from having their personal data sold for advertising, click here.
Please note that by deleting or restricting cookies or by disabling future cookies you may not be able to access certain areas or features of our Site or take full advantage of the Site.
To opt out of being tracked by Google Analytics across all websites visit Google Analytics Opt-out Browser Add-on.
Opting out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
Uses Made of Your Information
We will use the information you provide only for the following purposes:
Information you give to us
We will use this information:
Information we collect about you
We will use this information:
You can tell us not to contact you with information regarding our products and services either at the point such information is collected on the Site (by checking (as directed) the relevant box) or, where you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. You can also exercise the right at any time by contacting us using the Contact Us details at the end of this privacy policy.
Legal Grounds for Our Processing of Your Personal Data
The basis on which we process your personal data is as follows:
Information Sharing
We may disclose aggregate statistics about visitors to the Site, customers and sales in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
We may disclose your personal information to any of our affiliates or partners. Our agents and contractors will only use your information to the extent necessary to perform their functions, and always subject to appropriate security and contractual safeguards.
We may share your information with other companies and organizations for identity verification and fraud protection purposes to the extent permitted by applicable laws.
In the event that we undergo reorganization or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organized entity or third party.
You should be aware that we may be under a duty to disclose or share your personal information and/or user information in order to comply with any legal obligation. We may also disclose your personal information if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Site or the rights, property or personal safety of any person.
Child Safety
Protecting the safety of children when they use the Internet is very important to us. We recommend that children receive permission from their parents or guardian before gaining access to the Site or sending personal information to us or anyone else online.
External Links
The Site may, from time to time, contain links to external sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and processes and that we do not accept any responsibility or liability for these policies and processes. Please check these policies before you submit any personal data to these websites.
Payment Processing
Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet. Payments made on the Site are made through our payment gateway provider from time to time, [including PayPal]. You will be providing credit or debit card information directly to such a payment provider which operates a secure server to process payment details, encrypting your credit/debit card information and authorizing payment. Information which you supply to such payment providers is not within our control and will be subject to their own privacy policy and terms and conditions. For more information please contact us.
Security
We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site whilst it is in transit over the internet and any such submission is at your own risk.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.
Data Retention
We process personal data only for so long as it is necessary for the purpose(s) for which it was originally collected, after which it will be deleted or archived except to the extent that it is necessary for us to continue to process it for the purpose of compliance with legal obligations to which we are subject or for another legitimate and lawful purpose. Furthermore, the data collected may be stored to allow the company to defend itself in court. In such cases, only the data necessary to ensure full rights of defense will be stored. With regard to data collected through cookies please refer to the cookie policy.
Storage of Your Information
Information submitted by you may be transferred by us to our other offices and/or to the third parties mentioned in the circumstances described above. This includes staff engaged in, among other things, the processing of payment details and the provision of support services. The countries concerned may not have similar data protection laws as Canada or the USA. When we transfer your information, we will take all reasonable steps to ensure that your data is subject to appropriate safeguards, such as relying on Canadian approved standard contractual clauses relevant to transfers of personal information and that it is treated securely and in accordance with this privacy policy.
Your Rights
You have the following rights in relation to personal data relating to you that we process:
Contacting Us
Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data by email to service@placeofelms.com
The Supervisory Authority
The Canadian Data Protection Authority is the supervisory authority of Place of Elms Inc. and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.
Changes to This Policy
Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy and cookies policy.
Date of this policy
This policy was last updated on 01/19/2024.