Terms of Service
Overview
These terms of use (“Terms”) constitute a binding legal agreement between Essential Elements Inc. and any affiliates or subsidiaries through which we may operate (referenced herein as “2E Design,” “us”, “we”, or “our”). These Terms govern your use of our website, accessible at www.2edesign.com (the “Website”). By using or accessing the Website you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you may not access the Website.
By using the Website you represent and warrant that you are above the age of 19 or the age of majority in your jurisdiction. If you are using the Website on behalf of a separate legal entity such as a corporation, then you affirm that you are an authorized representative or agent of that entity with the authority to bind such entity, and agree to these terms on behalf of such entity. In such a circumstance, both you and the entity will be bound by these Terms and the words “you” and “your” as used in these terms will refer to and apply to both you personally and the entity.
We reserve the right to modify the Terms at any time by posting a revised notice of the Terms on the Website. Your continued use or the Website or purchase of products available through the Website (“Products”) constitute acceptance of these Terms.
Pricing and Transaction Terms
We may change prices set out on our Website at any time. Prices offered or advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay. Payment must be made in full and received by us prior to our acceptance of an order for Products.
A properly completed order on this Website by you constitutes only your offer to purchase the Products in your order, even if we have processed payment for such offer. Your order will be accepted only if and when we send a shipping notice email to the email address you provided during your registration or order process. If we do not accept your order in whole or in part, we will refund any amounts paid by you for the order or part of the order not accepted.
You agree to provide current, complete and accurate purchase and account information for all your purchases made through the Website, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us.
We reserve, at our sole discretion, the right to: (a) correct any errors or mistakes in pricing, even if we have already requested or received payment. In the event as a result of such an error in pricing the price of a product increases we may reject your order and refund the amount paid by you; (b) refuse any order placed through the Website; (c) limit or cancel quantities purchased per person, per household, or per order; and (d) limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Returns
We accept returns and exchanges within 30 days of your purchase. The Product must be re-packaged with all protective elements in the original shipment to ensure Product is delivered undamaged and in a re-sellable condition. Customer is responsible for return shipping cost. Once we receive your package and inspect the product, a full refund will be issued within fourteen (14) business days provided that the Product is undamaged and in a re-sellable condition. In the event that the Product is deemed by us to be damaged or not in a re-sellable condition no refund or exchange will be provided.
Use of Website
You agree not to (a) use the Website for any purpose that is unlawful under applicable law, tortious, or prohibited by these Terms, including any purpose that may be considered defamatory, discriminatory, fraudulent, or otherwise malicious or harmful to any person or entity or infringes, violates or misappropriates the intellectual property rights of any third party; (b) use the Website impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity; (c) access or attempt to access the Website through automated queries including scrapers, spiders, robots, crawlers, indexing tools, or other automated tools for the purposes of obtaining information from the Website in an automated manner; (d) harvest or otherwise collect, use or disclose personal information about users of the Website; (e) mirror, frame, or otherwise simulate the appearance or functionality of the Website; (f) inhibit any person’s use or access of the Website or impair any element of the Website or its underlying infrastructure, including through accessing the Website in a manner that could disable, overburden or place an unreasonable load on the Website’s infrastructure; (g) reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or its content; (h) upload to the Website, or use the Website to distribute, viruses, trojans, malware or other harmful software code of any nature.
Accounts
To access certain features of the Website, you must first create an ("Account") account, which may involve providing us with certain information requested by us. During the registration process, you must provide accurate information keep it up-to-date and accurate in the event of any changes. You represent and warrant that any such information is and will be complete and accurate.
You may only have one active Account at one time and may not transfer or allow any other person to use your Account. You are responsible for maintaining the confidentiality of your Account’s credentials, and are fully responsible for all activities occurring through your account. You agree to immediately notify us of any unauthorized use of your Account or any lost password or other security breach, and to ensure that you "log off" or exit from your Account at the end of each session. We shall not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations or any other unauthorized use of your Account.
Your Account may be terminated by us at any time, for any reason, in our discretion, including due to a breach by you of these Terms.
Intellectual Property
The Website and materials provided on the Website are the intellectual property of 2E Design and we reserve all right to the same. Nothing in these Terms shall act as a license or assignment to such materials unless expressly specified by us. You may not copy, modify, create derivative works based upon, publicly display or otherwise commercially exploit the Website or materials in any manner without our express written permission.
Third Party Content
From time to time we may link to other websites or content providers or provide third-party content on our Website solely as a convenience to you. Additionally, our Website or content may be available through third-party providers. When accessing the Website through a third party, your use of the Website may also be subject to the terms and conditions, and privacy policy, of such third party. We do not endorse, guarantee, provide any representations or warranties, or assume any responsibility or liability for any products or services provided by such third-party providers.
Digital Millennium Copyright Act Compliance
We respect the intellectual property rights of others and will quickly respond to any claims of copyright infringement reported in relation to the Website. If you find anything on the Website that you believe infringes your copyright or the copyrights of a party you are authorized to represent, please report the alleged infringement under the Digital Millennium Copyright Act (DMCA). To do so, please provide our copyright agent (“Copyright Agent”) with the following information: (a) identification of the copyrighted work that you claim has been infringed; (b) identification of the allegedly copyright-infringing content our Website that you desire to have removed or disabled; (c) your contact information including name, address, email address, and phone number; (d) a physical or digital signature of the true copyright holder or their authorized representative; (e) a statement by you that you have a good faith belief that the use of the allegedly copyright-infringing material is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the information in the DMCA Notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Our Copyright Agent may be reached at the following contact information:
Please be aware that pursuant to copyright laws of some jurisdictions, a person who knowingly materially misrepresents that material or activity is infringing may be liable for damages.
Representations and Warranties
In addition to and not in derogation of any other representations and warranties you provide to us in these Terms, you represent and warrant to us that: (a) you are at least nineteen (19) years old and have reached the age of majority in the jurisdiction where you reside; (b) the performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties; (c) you are using the Website in a jurisdiction where access to, and use of, the Website (or any part thereof) is not prohibited or illegal; (d) your User Content does not violate the privacy rights, intellectual property rights, or any other rights, of any third party; (e) you understand the contents of these Terms and have had the opportunity to obtain legal advice with respect to these Terms before agreeing to be bound by them; and (f) you have the capacity and authority to enter into and perform your obligations under, these Terms.
Disclaimer and Limitation of Liability
THE WEBSITE AND THE ASSOCIATED PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 2E DESIGN HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE WEBSITE OR SUCH PRODUCTS AND SERVICES. WITHOUT LIMITING THE FORGOING, THE WEBSITE AND PRODUCTS AND SERVICES ARE PROVIDED WITHOUT STATUTORY, IMPLIED, OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF THE WEBSITE MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 2E DESIGN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF 2E DESIGN, OR 2E DESIGN’S REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, certain Products further specified on the Website, are provided by us pursuant to a limited warranty, the terms of which are available at Limited Warranty (the “Warrantied Products”). In respect to such Warrantied Products, in the event of a conflict between the terms of such limited warranty and the preceding three paragraphs, the terms of such limited warranty such govern. For greater certainty, any other provisions of these Terms shall continue to apply to the Warrantied Products.
Without limiting the generality of the foregoing, while we attempt to provide accurate images and descriptions of our products, including colours, features and dimensions of the same, we make no representations and warranties regarding the same. You agree and acknowledge that because of features related to the display of the device used to access the Website, products on the Website may be displayed in a manner differently than we intended. We shall not be liable or offer any refunds for any failure of any Product delivered to match the images and descriptions set out on the Website, provided that such Products have materially the same functionality, performance as those displayed on our Website.
Indemnification
You agree to defend, indemnify, and hold harmless 2E Design and its affiliates, subsidiaries, directors, officers, contractors, and clients from and against any and all claims, proceedings, suits, disputes, demands, threats, actions, obligations, liabilities, costs (including legal and accounting fees), damages, losses, penalties, fees, expenses, and injuries arising or resulting from: (a) your use of the Website; (b) your breach of these Terms; (c) any violation of any right of, or harm or loss of, any person caused by you; or (d) your violation of any law, regulation, order, or by-law. 2E Design reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of 2E Design. You will co-operate as fully as reasonably required in the defense of any indemnified claim.
You understand and agree that we are making the Website available to you in reliance upon the limitations and exclusions of liability, indemnities, release, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination, suspension, or cancellation of your Account or suspension or termination of use of, or access to, Website.
Disputes
You agree that in the event of any dispute between you and 2E Design arising out of or relating to these Terms or relating to the Products sold by 2E Design, that you and 2E Design shall consult and negotiate a resolution in good faith. If we do not reach settlement within a period of sixty (60) days, then such dispute shall be referred to and finally resolved by mandatory and binding arbitration in accordance with the Arbitration Act (British Columbia). The place of arbitration shall be Vancouver, British Columbia, Canada, the number of arbitrators shall be one, and the language of the arbitration shall be English.
If the courts or applicable law in your province, state, or country will not permit you to consent to binding arbitration, then any legal suit, action, or proceeding arising out of or related to this Agreement will be instituted exclusively in the courts of the Province of British Columbia, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
You agree to waive any right you may have to commence or participate in any class action against 2E Design and you also agree to opt out of any class proceedings against 2E Design. You also agree to waive any right you may have to participate in a trial by jury with respect to any dispute you may have with 2E Design.
Privacy
We take your privacy seriously. To find out about how we collect, share and use your content and information, please read our Privacy Policy, available at Privacy Policy. The Privacy Policy forms part of these Terms and is incorporated by reference.
General
You agree and acknowledge that: (a) Nothing in these Terms affects consumer rights that, pursuant to applicable law, cannot be limited or waived; (b) 2E Design may terminate these Terms or stop providing the Website at any time in its sole discretion; (c) these Terms constitute the entire agreement between you and 2E Design with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter; (d) we may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, on written notice to you. These Terms are personal to you and you may not assign these Terms to any person; (e) Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision; (f) to the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect; (g) unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation;” (h) these Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs and permitted assigns.
Circumstances Beyond our Control
In no event will 2E Design be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent that such failure or delay is caused by any circumstances beyond 2E Design’s reasonable control, including acts of God, flood, fire, public health emergency, pandemic or communicable disease outbreak including the COVID-19 pandemic or any law or restriction imposed by any governmental authority as a result of the same, earthquake, tsunami, war, terrorism, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms, national or regional emergency, strikes, labour stoppages or slowdowns or other industrial disturbances.
Contact
Please contact us at customercare@2edesign.com for assistance with questions about your purchase or shipment.
These Terms are dated and effective as of June 24, 2021.