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⚡️ 1 ACHETÉ = 2ÈME À -50%

(OFFRE CUMULABLE)

⚡️ 1 ACHETÉ = 2ÈME À -50% | OFFRE CUMULABLE

🚚 LIVRAISON OFFERTE À PARTIR DE $40

⭐️ 25.000+ CLIENTES SATISFAITES

Terms of service

INTRODUCTION

This document outlines the General Terms and Conditions of Sale and Use (hereinafter "GTCU") applicable between any user (hereinafter the "Client" or "you") and Sparks Brands Inc., doing business under the name of Sparks Brands and owner of the Elnaē brand (hereinafter "we", "our", "us"), a company registered in Quebec, Canada, with the following details:

  • Address: 1310 Ottawa Street, Montreal, H3C 0W9, QC, Canada
  • Quebec Business Number: 1178019213
  • Canada Business Number: 780251617

These GTCU govern the access and use of the Elnaē website as well as the services and products offered. By accessing, browsing, or using our site and services, you acknowledge having read, understood, and agreed to be bound by these conditions.

ARTICLE 1 – GENERAL CONDITIONS OF USE OF OUR WEBSITE AND SERVICES

By accepting these General Terms and Conditions of Sale and Use, you declare having reached the age of majority in your province or territory of residence and you have given your consent to allow any minor in your care to use this website.

You must not use our products for illegal or unauthorized purposes, and you may not, in the use of the Service, violate any laws in your jurisdiction.

You must not transmit any worms, viruses, or any code of a destructive nature.

Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to the services to anyone, at any time, for any reason.

We reserve the right to modify or discontinue the service (or any part or content of the service) at any time without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.

ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The content of this site is provided for informational purposes only and should not be the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. 

ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

ARTICLE 7 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these General Terms and Conditions of Sale and Use.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will have no liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

ARTICLE 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these General Terms and Conditions of Sale and Use.

ARTICLE 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please refer to the relevant section on our website.

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall elnaē, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless elnaē and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these General Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these General Terms and Conditions of Sale and Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.

These General Terms and Conditions of Sale and Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the General Terms and Conditions of Sale and Use).

Any ambiguities in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.

ARTICLE 18 - INTELLECTUAL PROPERTY

All content present on the elnaē site, including, without limitation, images, texts, logos, icons, as well as their compilation, is the exclusive property of Sparks Brands DBA elnaē with all rights reserved. Any reproduction, distribution, modification, adaptation, retransmission, or publication, even partial, of these various elements is strictly forbidden without the express written consent of Sparks Brands DBA elnaē. This representation or reproduction, by any process whatsoever, constitutes an infringement sanctioned by articles L.335-2 and following of the Intellectual Property Code. The non-respect of this prohibition constitutes an infringement that can incur the civil and criminal liability of the infringer. In addition, the owners of the copied content could take legal action against you.

ARTICLE 19 – USER'S RESPONSIBILITY

The user agrees to comply with all applicable laws and regulations when using our website. The user is responsible for ensuring that their use of our website and our services complies with all applicable laws and regulations.

ARTICLE 20 – ENTIRE AGREEMENT

This contract and all documents referenced herein constitute the entire agreement between the user and elnaē regarding the use of our website and our services. Any modification or waiver of a provision of this contract must be made in writing and signed by the parties.

ARTICLE 21 – SEVERABILITY

If one or more provisions of this contract are deemed illegal or unenforceable, the other provisions will remain in effect and will be interpreted in a way that most closely reflects the parties' intention.

ARTICLE 22 – WAIVER

No waiver by elnaē of any provision of this contract shall be considered a waiver of any other provision, whether similar or not.

ARTICLE 23 – ARBITRATION CLAUSE

Any dispute, controversy, or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the International Chamber of Commerce's arbitration rules, by one or more arbitrators appointed in accordance with the said rules.

ARTICLE 24 – LIMITATION OF CLAIMS

Any claim arising out of or related to this contract must be filed within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

ARTICLE 25 – FORCE MAJEURE

Elnaē shall not be liable for any delay or failure in performance caused by circumstances beyond its control, such as natural disasters, strikes, wars, acts of terrorism, epidemics or pandemics, or any other force majeure event.

ARTICLE 26 – ACCESSIBILITY

We are committed to making our website accessible to all, including people with disabilities. If you have difficulty accessing any part of the site or if you have suggestions for improving accessibility, please contact us at the following address: hello@elnae.com.

ARTICLE 27 – CONSUMER PROTECTION

We comply with all consumer protection laws and regulations in Canada. All prices are clearly indicated, additional fees will be specified before finalizing your purchase, and our return policies comply with legal requirements. If you have questions or concerns about your rights as a consumer, please contact us at the following address: hello@elnae.com.

ARTICLE 28 – ELECTRONIC COMMUNICATIONS

By registering on our site or making a purchase, you agree to receive electronic communications from us, including emails, notifications, or messages on the site. We are committed to complying with Canadian anti-spam legislation (CASL), and you will always have the option to unsubscribe from our electronic communications. If you wish to unsubscribe or have questions about our electronic communications, please contact us at the following address: hello@elnae.com.

ARTICLE 29 – APPLICABLE LAW

These General Terms and Conditions of Sale and Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws in force at Sparks Brands DBA elnaē, 813-1310 Ottawa Street, Montreal H3C 0W9, QC, Canada.

ARTICLE 30 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.

ARTICLE 31 – CONTACT INFORMATION

Questions about the General Terms and Conditions of Sale and Use should be sent to us at hello@elnae.com.