SALES TERMS AND
CONDITIONS
ELLA Communication
international inc. ("Ellacommunication.com") operates the Ellacommunication.com
Web site (the "Site"). The terms and conditions that appear below
constitute a contract between you and Ellacommunication.com, and govern the use
of the Site. Ellacommunication.com may modify these terms and conditions at any
time, without prior notice.
PLEASE READ THESE SALES
TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
By using the Site, you
acknowledge having read and understood these conditions. If you do not wish to
be bound by these sales terms and conditions, you may not use the Site, nor may
you order products through the Site.
1.1 1 TERMS OF USE
1.2 Location of Site
Operation Ellacommunication.com
operates the Site from its offices located in Canada. Ellacommunication.com
makes no representation to the effect that the elements of the Site may be used
in other locations than Canada, and it is forbidden to access the Site from
territories where the legislation prescribes that the content or use of Site is
illegal. Those choosing to use the Site do so on their own initiative, and it
is their responsibility to conform to all applicable local laws. Any claim
related to the Site and the elements it contains, or arising from the use of
the Site, is governed by the applicable laws in the territory of the Province
of Quebec.
1.3 Restrictions Related
to Use Except as
specified in one or another section of the Site, no element of the Site may be
copied, reproduced, distributed, published, translated, downloaded, displayed
or transmitted by any means, without prior written permission of Ellacommunication.com
or the owner of the copyright. You are permitted to display or download Site
elements, but only for non-commercial purposes and only as long as you do not
modify these elements and you retain all copyright and other proprietary
notices that they contain.
1.4 Trademarks The trademarks and logos used or
displayed on the Site are trademarks, registered or not, by Ellacommunication.com
or third parties. Nothing in the Site may be interpreted so as to grant,
directly or indirectly, the use of a trademark reproduced on the Site without
the prior written permission of the trademark owner.
1.5 Limitation of Liability The Site and the elements it
contains are provided on an "as is" basis, without warranties of any
kind, express or implied. To the fullest extent possible pursuant to the
applicable law, Ellacommunication.com disclaims all responsibility and provides
no guarantee, including but not limited to, warranties of merchantability or
fitness for a particular purpose. In addition, Ellacommunication.com makes no
representation with regard to the use, downloading, validity, accuracy or
reliability of the elements reproduced on the Site, or with regard to the
results obtained from the use of such elements. While Ellacommunication.com
does everything possible to ensure that the Site contains no errors, Ellacommunication.com
declines all responsibility with regard to any error that may be found on the
Site. Ellacommunication.com, its related companies, directors, employees,
representatives or agents may not, under any circumstances, be held responsible
for any damages related, directly or indirectly, to use of the Site, including,
but not limited to, the loss of data or profit resulting from use of the
elements of the Site, or from the inability to use these elements.
1.6 Copyright
Restrictions When
you download a music file or images from Ellacommunication.com, Karinebanville.com,
Jeanpierrelamarche.com, you are responsible for ensuring that you are not in
violation of copyright legislation. The elements (lyrics, music, performance)
of a piece of music and the images are protected by copyright. Each file that
you download comes with restrictions as to the number of times you are entitled
to record it to CD or transfer it to another medium. Any use of the file beyond
these restrictions is prohibited.
2 GENERAL CONDITIONS OF
SALE
Order Acceptance
The receipt by e-mail of an order confirmation does not constitute acceptance,
by Ellacommunication.com, of such an order or the confirmation of an offer to
sell. Ellacommunication.com reserves the right, without any prior notification,
to refuse service to any customer and/or limit the order quantity of any item
ordered. Verification of personal or credit card information may be required at
any time by Ellacommunication.com prior to the acceptance of any order.
2.1 Payment methods
2.1.1 We accept Visa, MasterCard credit cards and Paypal.
2.1.2 Cheques or money orders are not accepted.
2.2 Price
2.2.1 The price payable for each product that you order is as set out with
regard to each product offered on the Site.
2.2.2 Transportation and delivery charges, as well as applicable sales taxes,
are not included.
2.2.3 Ellacommunication.com reserves the right to modify the prices of products
offered on the Site at any time, without prior notice.
2.2.4 All prices are in Canadian dollars for Canadian residants. Other
currencies are applicated depending the country from where the order is made.
2.3 Returns Policies
2.3.1 You may return
products to Ellacommunication.com at any time up until 10 days after receiving
them, at the following address: Ellacommunication.com Returns, 63, Coakley
blvd, Asbestos (Quebec) J1T 1A1. The invoice, the order number and the
authorization number must accompany the products. To get an authorization
number, simply fill out the Product Returns Form, available in our Help
Section. The Customer Service Department will then contact you and issue you
the authorization number.
2.3.2 Returning products for reasons other than a defect: You assume the
delivery charges and legal risks for products returned. You may not return
products if you have removed them from their original packaging or, in the case
of books, if these are damaged or if the cover is bent, except if the products
are defective.
2.3.3 Returning defective products: If an item is defective, it will be
exchanged for a new copy of the same product. You may provide a detailed
description of the defect on the Product Returns Form. If Ellacommunication.com
has not delivered the right product, you will receive the correct product. In
both cases, Ellacommunication.com will assume the delivery charges and the
legal risks as long as you return the products using the Expedited Parcel
shipping service offered by Canada Post.
Ellacommunication.com does not accept returns that exceed 10 days following the
receipt of the product.
Once you have received your authorization number, you have 14 days to return a
product.
Retour Ellacommunication.com
63, Coakley blvd
Asbestos, Quebec
J1T 1A1
2.3.4 Upon receipt of returned products, any sum debited from your credit card account
in favour of Ellacommunication.com with regard to these products, except
delivery charges, will be credited as soon as possible, on the condition,
however, that the products being returned are returned by you and received by Ellacommunication.com
in the same condition as that in which they were at the time they were
delivered to you.
2.3.7 Downloads Returns Policy
2.3.7.1 No refund will be awarded on downloaded music files.
2.3.7.2 If a music file download fails because of a technical issue, Ellacommunication.com
will verify the reason for the failure and transmit to you a working download
link.
2.4 Product Availability
The Site posts all products available for order from our suppliers as well as
downloads for which we have secured usage rights. Your order may be delayed
before being shipped to you, while we wait for one or more out-of-stock items
to become available. Should you be in a hurry to receive one or more particular
items in your order, we advise you to place a separate order for them.
2.4.1 Ellacommunication.com
does not guarantee in any case the availability in inventory of products
offered on the Site. If Ellacommunication.com is unable to deliver to you one
or other of the products that you have ordered due to insufficient inventory, Ellacommunication.com
will advise you by e-mail. In such a case, you will have the following options:
2.4.1.1 Confirm via the Site that you wish to keep your order active; this will
authorize Ellacommunication.com to ship the back-ordered product(s) to you, with
no further notice, upon their receipt from our supplier(s), in which case
payment will be automatically debited from your credit card account for the
product(s) before it(they) is(are) transferred to the shipper you chose with
your order. You may cancel your order at any time before Ellacommunication.com
receives the back-ordered product(s), by contacting the Site's customer service
department. Please note that once you confirm your order via the Site, there is
a delay of one or a few days before the product(s) are ordered from our
supplier(s).
2.4.1.2 Cancel your order by
sending an email at commande@ellacommunication.com
and ELLA Communication international will automatically debit the amount from
your credit card account.
2.4.2 Note that in the case of products back-ordered with our
suppliers for more than 90 days, your order will be cancelled without prior
notice.
2.4.3 Ellacommunication.com will not under any circumstances be responsible for
any loss or harm you may suffer due to insufficient inventory.
2.5 Product Delivery
2.5.1 Ellacommunication.com will deliver the products ordered by you to the
address you transmitted at the time of your order.
2.5.1.2 In the case of downloads, a hyperlink or hyperlinks directing you to
the page where you can download your music file(s) will be available on your
account page
2.5.2 Delivery charges are on a per-product-ordered basis. Please see the rates
table click here to find out how much delivery of your order
will cost.
2.5.3 Ellacommunication.com will perform delivery as quickly as possible after
acceptance of your order, according to the delivery method that you chose on
the Site. Delivery times and costs may vary according to the delivery
destination, the delivery method chosen and the availability of products in
inventory. Delivery times are estimated from the moment that the products leave
Ellacommunication.com's place of business.
2.5.4 You become the owner of the products you have ordered when Ellacommunication.com
gives them to the carrier. As of that moment, you will assume all risk related
to the products ordered, and Ellacommunication.com will not be liable for their
loss or destruction.
2.5.5 For any products delivered outside of Canada, you are responsible for all
customs brokerage fees and any other costs related to exporting outside Canada.
2.5.6 Delivery of products is subject to the rules of the delivery companies
with which Ellacommunication.com does business, as well as the rules of any
other company with which Ellacommunication.com may do business from time to
time. You are in particular subject to the rules concerning a signature
acknowledging receipt of products. If you are absent from the location where
you requested that Ellacommunication.com deliver the products to you, it shall
be your responsibility to recover the products according to the rules of the
delivery company you chose on the Site at the time of your order.
2.5.7 No deliveries will be made to a post office box.
2.5.8 Ellacommunication.com must have received the full payment for products to
be delivered to you before proceeding with their delivery.
2.6 Electronic Coupons
2.6.1 Electronic coupons are made up of fifteen (15) alphanumeric symbols,
divided as follows: XXX-XXXX-XXXX-XXXX. Electronic coupons entitle you to a
discount, expressed in a dollar amount or in percentage points, to be applied
to a specific product or to an order, as the case may be.
2.6.2 To have your discount taken into account, you need only enter your coupon
number in the "Validate coupon" section, which you'll find when asked
for your "Ship To" address during the purchasing process.
2.6.3 Electronic coupons have no face value, are not offered for sale and
cannot be sold or otherwise transferred.
2.6.4 Electronic coupons cannot be used in conjunction with other electronic
coupons nor with any special offer on the Site. Only one electronic coupon may
be used per transaction.
2.6.5 When you use an electronic coupon to make a purchase, we strongly advise
you to buy items that can be found amongst our best sellers, on the site's main
pages or within our list of new products.
2.5.7 Electronic coupons with discount expressed in a dollar amount:
2.5.7.1 Should the price of the item(s) purchased be smaller than the amount
(in dollars) of the discount, there will be no amount credited to your account
and no other e-coupon issued in compensation. Therefore, we advise you to apply
your electronic coupons to items whose value is equal to or greater than that
of the coupons.
2.6 Gift Certificates
2.6.1 Gift Certificates are redeemable only on the Ellacommunication.com and Ellacommunication.com,
Karinebanville.com, Jeanpierrelamarche.com Web Sites, not in retail store
locations.
2.6.2 When you purchase a Gift Certificate for a given amount, you may make
more than one separate purchase. Any balance remaining after a purchase is
stored in memory and can be applied to later purchases. If the value of your
purchase exceeds that of the Gift Certificate, you may pay for the balance with
any of the credit cards accepted on the Sites.
2.6.3 If an ordered product is not currently in inventory, the amount allotted
for that product is held on your Gift Certificate and released only upon
receipt of the products.
2.6.3.1 If you prefer not to receive a product that is back-ordered, the amount
will be reallocated to your Gift Certificate.
2.6.3.2 If after 90 days a back-ordered product is still not available from the
supplier, the order will be automatically cancelled, and the amount held on
your Gift Certificate reallocated.
2.6.4 Gift Certificates are valid for a period of 365 days. Upon expiry of that
period the certificate balance is reset to zero.
2.6.5 Gift Certificates are usable by Canadian residents only.
2.6.6 Gift Certificates are non-refundable.
2.6.7 A Gift Certificate purchaser receives a password that must be entered
every time the Gift Certificate is used for a purchase. The purchaser is
responsible for transmitting the password to the recipient of the Gift
Certificate if the latter is a person other than the purchaser.
2.6.8 Gift Certificates are not valid without passwords.
2.7 Liability
2.7.1 In the event that Ellacommunication.com is found to be liable toward you,
such liability shall be limited to an amount of money equivalent to the price
you paid for the products returned.
2.7.2 Notwithstanding the preceding, nothing in this section shall be construed
as limiting any right you may have as a consumer with respect to one or other
of the public policy statutes that may apply to you.
2.8 Acts of God
Ellacommunication.com shall not be held liable for non-performance, in whole or
in part, of any of its obligations whatsoever toward you, nor for damages or
losses you may suffer, if such non-performance, damages or losses result from
an Act of God or from circumstances beyond its control.
3. SALES TERMS AND
CONDITIONS FOR DOWNLOADS FROM ELLACOMMUNICATION.COM, KARINEBANVILLE.COM,
JEANPIERRELAMARCHE.COM
Following are the sales terms and conditions you must follow when accessing
this Site's download service. Please see the general Sales Terms and Conditions
above for other conditions governing the use of audio files. The terms and
conditions listed below apply specifically to downloads. Ellacommunication.com,
Karinebanville.com, Jeanpierrelamarche.com reserves the right to modify the
sales terms and conditions at any time.
3.1 Registration
To access the Ellacommunication.com, Karinebanville.com, Jeanpierrelamarche.com
download service, you must first open an account on the Ellacommunication.com
Web site, and choose a username and password. Keep the username and password in
a safe place, as you will be the only person held liable if they are used
fraudulently. Do not allow anyone else to use your account, and do not tell
anyone your password. The information you provide to us must be true and
accurate.
3.2 Payment
We accept payment via Visa, MasterCard, American Express credit cards Paypal.
Your account will be charged for the full amount corresponding to the number of
audio files you download. Keep in mind, however, that your Internet Service
Provider (ISP) may charge extra fees based on the number of gigabytes of data
you download within a given period.
3.3 Computer and Software
You are responsible for verifying that your computer meets the minimum
requirements to download and play the music files offered. Ellacommunication.com,
Karinebanville.com, Jeanpierrelamarche.com will not be held liable for any
damage resulting from incorrect use of your computer when downloading.
Ellacommunication.com, Karinebanville.com, Jeanpierrelamarche.com offers no
guarantees as to the performance of the software applications recommended for
downloading and playing audio files, or the performance of individual ISPs. Any
claim with respect to the performance of these tools must be made to the
publisher/provider.
3.4 Permanent
Download/Writing to CD
You are granted the right to download to your computer, burn to a CD-ROM, or
transfer to a portable music player or PDA the titles for which the record
companies have issued that right.
3.5 File Transfers and
Lost Files
3.5.1 It is extremely important to make regular backups of your licences on
disk. If you reinstall or upgrade your operating system, you may lose the
licences (even if you maintain the same structure for your protected files).
With a backup disk, you'll be able to restore any lost licence files easily,
following instructions provided by your Windows Media Player software.
3.5.2 If you experience a hard drive hardware failure, you'll also be able to
restore all of your licences and WMA files, as long as you have them backed up
on disk. If you think you've lost a file for good, please get in touch with our
Customer Service department.
3.5.3 If you lose files as a result of fire, theft or vandalism, you must make
a claim with your insurance company for the lost files.
3.5.4 Neither Ellacommunication.com nor Ellacommunication.com,
Karinebanville.com, Jeanpierrelamarche.com may be held liable for WMA files for
which you have not made backups of the licences.
3.6
Intellectual Property Rights
This Web site respects copyright legislation. Agreements are in force with
record companies such that each purchase of a downloaded piece of music covers
the copyright fee for that piece of music. Any use of the copyrighted works
beyond reproduction and non-public listening or reference by a single
individual, without express consent, is prohibited.
You hereby acknowledge that all rights to the music belong to the various
rightsholders (producers, performers, songwriters, publishers, etc.) of each
title. You are entitled to burn each song to a CD and/or transfer it to a
portable music player or PDA the number of times specified in the agreement
with the record company. You may not, however, download the same piece of music
more than once.
Titles downloaded from Ellacommunication.com, Karinebanville.com,
Jeanpierrelamarche.com are for strictly personal, non-commercial use. Pursuant
to the licences granted by the record companies, users are forbidden from
copying, writing to CD-ROM or transferring titles beyond the stated
restrictions on use. Users are further forbidden from copying titles for
purposes of selling, leasing or broadcast unless they have paid for the right
to do so.
By purchasing downloadable music from the Ellacommunication.com,
Karinebanville.com, Jeanpierrelamarche.com site, you agree and covenant to
release Ellacommunication.com, Karinebanville.com, Jeanpierrelamarche.com from
any and all liability in case of copyright violation.