Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and the use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of Ella & Duke Salon and Spa. The collective work includes works that are licensed to Ella & Duke Salon and Spa, Copyright 2018. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with the Ella & Duke Salon and Spa.

You may not display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Ella & Duke Salon and Spa. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All content of the products are protected by the Copyright Laws of Canada. All offenses are punished under the Department of Justice on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both, or on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both (source Department of Justice Canada).

Limitation of Liability

Ella & Duke Salon and Spa shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Ella & Duke Salon and Spa has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that Ella & Duke Salon and Spa product is mistakenly listed at an incorrect price,Ella & Duke Salon and Spa reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ella & Duke Salon and Spa reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ella & Duke Salon and Spa shall issue a credit to your credit card account in the amount of the incorrect price.

Term and Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ella & Duke Salon and Spa without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Ella & Duke Salon and Spa may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ella & Duke Salon and Spa.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Ella & Duke Salon and Spa products) shall be in Federal Court of Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ella & Duke Salon and Spa products) must be commenced within one (1) year after the claim or cause of action arises. Ella & Duke Salon and Spa failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ella & Duke Salon and Spa may assign its rights and duties under this Agreement to any party at any time without notice to you.

SITE CONTENT

While Ella & Duke Salon and Spa uses reasonable efforts to include accurate and up-to-date information on the Site, Ella & Duke Salon and Spa makes no warranties or representations as to its accuracy. Ella & Duke Salon and Spa assumes no liability or responsibility for any errors or omissions in the content on the Site. Your use and browsing of the Site is at your risk. Neither Ella & Duke Salon and Spa, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you ‘as is’ and without warranty of any kind. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Ella & Duke Salon and Spa also assumes no responsibility, and shall not be liable for any damage to your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of, or browsing in the Site, or your downloading of any materials including data, text, images, video, or audio from the Site. Ella & Duke Salon and Spa has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Ella & Duke Salon and Spa or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. Ella & Duke Salon and Spa may at any time revise these Terms and Conditions by updating this posting without notice to you. Each time you visit this Site, you are bound by these Terms and Conditions as they exist on the date of your visit. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.

Indemnification

You agree to indemnify, defend, and hold harmless Ella & Duke Salon and Spa, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
All funds are taken in CND. Payment Methods: VISA or MasterCard. We do not offer any refunds or transfers.

THIRD PARTY LINKS

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

SHIPPING POLICY

At Ella & Duke Spa, we never ship gift cards or products through Canada Post. To better serve our customers, we use Purolator Courier. Shipping charges vary based on recipient location, and are subject to change without notice. All orders are shipping within 2 business days.

International Orders: We do ship internationally, but cannot guarantee the delivery date due to US Customs.

CHANGES TO POLICY

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on October 16th 2018.

QUESTIONS AND FEEDBACK

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.

ONLINE POLICY ONLY

This online privacy policy applies only to information collected through our website and not to information collected offline.

TERMS AND CONDITIONS

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website. Your consent by using our site, you consent to our privacy policy.

FUNDS

All funds taken in CND (Canadian Dollar)

REFUND POLICY

All gift card purchases and shipping charges are non-refundable. We do not allow the third party sale of our gift cards. Any gift card being sold by any person or business that is not the Ella & Duke Salon and Spa will be void.

You agree to indemnify, defend, and hold harmless Ella & Duke Salon and Spa, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
All funds are taken in CND. Payment Methods: VISA and MasterCard. We do not offer any refunds or transfers.

CONTACT US

If you should have any questions or concerns regarding our Privacy Policy, Terms and Conditions, Return Policy or any other site content, please don’t hesitate to contact us at info@ellaandduke.com

PURCHASE POLICY

At Ella & Duke Salon and Spa, we always validate our gift cards for the original purchase price. Our gift cards never expire, but prices are subject to change. Gift cards are always accepted at face value. Gift cards are non-refundable and have no cash value. Gift cards may be used towards any treatment, service, gratuity or product at Ella & Duke Salon and Spa. Lost or stolen gift cards will not be replaced, they should be treated as cash.