TERMS AND CONDITIONS OF PURCHASE
1. Acceptance of Orders
Only residents who have reached the age of majority in their province or state of residence may place orders through the Sites. Product orders are available to be shipped within North America only. Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Terms of Purchase and the additional terms and conditions included in your order.
We may limit quantities available for sale or sold, and we reserve the right at any time to reject or correct any order for any reason whatsoever. Unless otherwise indicated, all prices and other amounts are in Canadian dollars.
2. Shipping and Delivery
The delivery date of your purchase depends on the shipping method you have chosen. Our shipping process and options that you may have with regard to shipment, including delivery method, carrier and estimated date of delivery or time for delivery, are described during the purchase process, but we reserve the right to use a substitute carrier for your purchase at any time, at our discretion.
3. Methods of Payment
You can pay for any purchase you make online by using a MasterCard, VISA or American Express card, or by using a PayPal account. By submitting your payment by credit card, you authorize portia-ella, Inc. to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted and portia-ella will have no obligation to fulfill your order.
4. Refunds and Returns
The return or refund of any product purchased through the Sites is subject to portia-ella's Return and Exchange policy.
If we discover that a product’s price, description or specifications are misstated or incorrect, we will endeavour to correct the error on our Sites. If we make an error with regard to your order, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges).
6. Disclaimers, Liability Exclusions/Limitations on Liability and Indemnity
OTHER THAN FOR EXPRESS, LEGAL OR IMPLIED WARRANTIES THAT MAY NOT BE DISCLAIMER OR EXCLUDED UNDER APPLICABLE LAW, THE PRODUCTS AND SERVICES YOU PURCHASE THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. PORTIA-ELLA, INC. AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE PRODUCTS OR SERVICES YOU PURCHASE OR THESE TERMS OF PURCHASE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY).
These Terms of Purchase and all related matters are governed solely by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada, and the United States of America applicable therein. Any dispute arising from, connected with or relating to these Terms of Purchase, or any related matters ("Disputes") will be resolved by the laws of the Province of British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
If any provision of these Terms of Purchase is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms of Purchase and the remaining provisions will continue in full force and effect.
These Terms of Purchase enure to the benefit of portia-ella, Inc. and its successors, assigns and related persons. You may not assign any rights or obligations that you have under these Terms of Purchase. portia-ella may assign its rights and obligations under these Terms of Purchase without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Purchase will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that these Terms of Purchase and all other related documents be drawn up in the English language.
9. Contact Information
You may contact portia-ella, Inc. by email or postal mail:
363 Stephen Street, Morden, MB, R6M 1V1