Terms and Conditions

Last updated: August 11, 2026

Overview

This website is operated by Élane Montréal. Throughout these Terms and Conditions, the terms “Élane Montréal,” “we,” “us,” and “our” refer to Élane Montréal. We provide this website, including the information, features, products, and services available through it, subject to your acceptance of these Terms and Conditions and any policies referenced on this website.

By visiting our website, creating an account, or purchasing a product from us, you agree to be bound by these Terms and Conditions. These terms apply to all website users, including visitors and customers.

Please read these Terms and Conditions carefully before using our website. If you do not agree with them, you should not access the website or use our services.

Any new features or services added to the website will also be subject to these Terms and Conditions. We may update these terms from time to time as described in Section 22.

1. Eligibility and Lawful Use

By using this website, you confirm that you have reached the age of majority in your province, territory, state, or country of residence. If you permit a minor under your care to use this website, you are responsible for their use of it.

You may not use our website or products for any unlawful, fraudulent, or unauthorized purpose. You must not violate any applicable law, including intellectual property and consumer protection laws, or transmit viruses, malware, or other harmful code.

We may suspend or terminate access to our services where these terms are materially breached, subject to applicable law.

2. General Conditions

We reserve the right to refuse service where reasonably necessary, including in cases of suspected fraud, misuse, unlawful activity, or a material breach of these terms. We will not refuse service on a prohibited discriminatory basis or contrary to applicable consumer law.

Information you submit through the website may be transferred across networks and adapted to meet technical requirements. Payment information is encrypted during transmission through our payment providers.

You may not reproduce, duplicate, copy, sell, resell, or exploit any part of the website or service without our prior written permission, except where permitted by law.

Headings are included for convenience and do not affect the interpretation of these terms.

3. Website Information

We aim to keep the information on our website accurate, complete, and current. However, general website content may occasionally contain errors or become outdated. Product descriptions, prices, availability, shipping estimates, promotions, and other information may be corrected or updated as permitted by law.

You are responsible for reviewing current product and policy information before placing an order. Nothing in this section limits any rights you may have when information provided before purchase is inaccurate, incomplete, or misleading.

4. Products and Product Presentation

Some products may be available exclusively online and in limited quantities. Returns and refunds are handled in accordance with our Return & Refund Policy and applicable law.

We make reasonable efforts to display product colours, images, measurements, and details accurately. Colours may appear differently depending on your screen and device settings. Product images may include styling accessories that are not included unless stated in the product description.

We may limit product quantities or availability by person, household, order, or geographic area where reasonably necessary and permitted by law. We may also discontinue a product at any time. Any offer is void where prohibited by law.

5. Orders and Contract Formation

The presentation of products on our website is an invitation to place an order. When you submit an order, you make an offer to purchase the selected products on the terms shown at checkout.

After you place an order, you will receive an automated order confirmation. Unless applicable law provides otherwise, this confirmation acknowledges receipt of your order and does not necessarily mean that we have accepted it. A purchase contract is formed when we accept your order, normally when we send a shipping confirmation or otherwise confirm fulfilment.

Before completing checkout, you are responsible for reviewing your selected products, quantities, prices, shipping information, and contact details.

We may decline an order before acceptance for legitimate reasons, such as suspected fraud, payment failure, delivery restrictions, or an obvious technical error. Once a contract has been formed, we will only cancel or change it where permitted by law or with your agreement. If we cancel an order after payment and are legally entitled to do so, we will refund the relevant amount to the original payment method.

6. Prices, Currency, Taxes, and Import Charges

Product prices may change without notice, but a price change will not affect an order that has already been accepted, except where permitted by law.

The currency used at checkout will be displayed before you complete your purchase. Applicable taxes and any shipping charges will also be shown at checkout where they can reasonably be calculated.

Orders may be fulfilled and shipped internationally by third-party suppliers or logistics partners. Customs duties, import taxes, brokerage fees, or similar charges imposed by authorities or third parties may apply. Where these charges cannot reasonably be calculated in advance, they are not included in the product price unless expressly stated otherwise and may be payable by the customer. Information about potential charges will be disclosed where required by law.

7. Billing and Account Information

You agree to provide accurate, complete, and current billing, shipping, payment, and contact information. You are responsible for promptly updating your information so that we can process your order and contact you when necessary.

We may limit or review orders placed using the same customer account, payment method, billing address, or shipping address when reasonably necessary to prevent fraud, unauthorized resale, or abuse.

8. Shipping and Delivery

Processing times, delivery estimates, tracking information, address changes, delays, and optional shipping insurance are explained in our Shipping Policy.

Delivery dates are estimates unless we expressly agree to a guaranteed date. Customs processing, carrier delays, weather, peak periods, and other events outside our reasonable control may affect delivery. We will still meet any obligations and remedies required by applicable consumer law.

9. Returns, Refunds, and Defective Products

Eligibility requirements, return timelines, instructions, return costs, refunds, replacements, and the treatment of damaged or defective products are set out in our Return & Refund Policy.

Our voluntary return policy does not replace or limit any mandatory legal warranty or consumer right. If an item is defective, damaged, unsafe, or materially different from its description, you may have additional rights under applicable law.

10. Promotions and Discount Codes

Promotions, discounts, and discount codes may be subject to separate conditions, including validity periods, product exclusions, minimum purchase requirements, and limits on combining offers. Unless stated otherwise, only one discount code may be used per order.

We may modify or end a promotion as permitted by law. Any change will not affect an order already accepted under that promotion unless required or permitted by law.

11. Optional Tools and Third-Party Services

We may provide access to tools, payment services, applications, or features operated by third parties. Your use of those services may also be subject to the third party’s terms and privacy practices.

To the extent permitted by law, we are not responsible for third-party tools that we do not control. You should review the relevant third-party terms before using them.

12. Third-Party Links

Our website may contain links to websites operated by third parties. These links are provided for convenience and do not necessarily mean that we endorse the third party.

We are not responsible for the content, accuracy, security, products, services, or practices of third-party websites that we do not control. Any transaction with a third party is between you and that third party. Please review their policies before completing a transaction.

13. Reviews, Feedback, and Other Submissions

If you submit a review, comment, suggestion, photograph, video, or other content to us, you confirm that you have the right to submit it and that it does not violate any law or third-party right.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit, publish, translate, and display content you voluntarily submit for review, marketing, or website purposes, subject to applicable privacy law and any permissions requested at the time of submission.

We may moderate or remove content that is unlawful, misleading, defamatory, abusive, obscene, infringing, or otherwise inappropriate. You may not use a false identity, misrepresent the origin of your submission, or include malware or harmful code.

14. Personal Information

Our collection, use, disclosure, retention, and protection of personal information are described in our Privacy Policy.

15. Intellectual Property

The website and its original content, including text, graphics, logos, branding, photographs, videos, layout, and software, are owned by or licensed to Élane Montréal and are protected by applicable intellectual property laws.

You may use the website for personal, non-commercial shopping purposes. No other right or licence is granted unless we provide written permission.

16. Prohibited Uses

You may not use the website or its content to:

• engage in unlawful, fraudulent, or deceptive conduct;

• infringe our rights or the rights of another person;

• harass, threaten, abuse, defame, discriminate against, or harm another person;

• submit false or misleading information;

• upload or transmit malware, malicious code, or harmful content;

• collect or track another person’s personal information without authorization;

• send spam, phishing messages, or other unwanted communications;

• scrape, crawl, or access the website through unauthorized automated means;

• interfere with the website’s operation or security; or

• bypass technical, access, or security restrictions.

We may restrict or terminate access for prohibited use, subject to applicable law.

17. Errors and Corrections

The website may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping charges, or delivery estimates.

We may correct information and update the website at any time. If an error affects an order you have submitted, we will handle the order in accordance with applicable law. Nothing in these terms gives us a right to cancel an accepted order or charge a higher price where the law does not permit it.

18. Legal Warranties and Disclaimer

Nothing in these Terms and Conditions excludes, restricts, or overrides any warranty, guarantee, condition, remedy, or consumer right that cannot legally be excluded.

Subject to those mandatory rights, the website and online services are provided on an “as available” basis. We do not guarantee that the website will always be uninterrupted, timely, secure, or error-free. Temporary maintenance, updates, or circumstances outside our reasonable control may affect availability.

19. Limitation of Liability

To the fullest extent permitted by law, Élane Montréal will not be liable for indirect, incidental, special, punitive, or consequential loss arising solely from your use of, or inability to use, the website or services.

This limitation does not apply where liability cannot legally be excluded or limited, including liability arising from fraud, wilful misconduct, gross negligence, personal injury caused by negligence, defective or unsafe products, or mandatory consumer protection rights.

Where liability may legally be limited, our total liability relating to a particular order will not exceed the amount paid for that order, except where applicable law requires otherwise.

20. Indemnification

To the extent permitted by law, you agree to indemnify and hold Élane Montréal and its service providers harmless from third-party claims, losses, and reasonable costs arising directly from your unlawful use of the website, your infringement of another person’s rights, or your material breach of these terms.

This section does not require a consumer to indemnify us for our own negligence, breach of contract, violation of law, or conduct for which liability cannot legally be transferred.

21. Refused, Unclaimed, or Undeliverable Packages

If a package is refused, remains unclaimed, or is returned because the customer provided an incorrect or incomplete address, we may deduct reasonable, documented return shipping and handling costs from any refund, up to $35 CAD, where permitted by law.

No deduction will be made where the return resulted from our error, a defective or incorrect product, an unlawful delivery practice, or another circumstance for which we are responsible under applicable law.

22. Changes to These Terms

We may update these Terms and Conditions by posting a revised version on this page and changing the “Last updated” date. Changes apply prospectively from the date they are published unless applicable law requires otherwise.

Your continued use of the website after an update constitutes acceptance of the revised terms. Changes will not retroactively reduce rights relating to an order already accepted.

23. Termination

These terms remain effective until terminated by you or us. You may stop using the website at any time. We may suspend or terminate access if you materially breach these terms or use the website unlawfully.

Provisions that by their nature should survive termination—including payment obligations, intellectual property rights, limitations of liability, dispute provisions, and accrued rights—will remain in effect.

24. Severability, Waiver, and Entire Agreement

If any provision of these terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted or severed where necessary. The remaining provisions will continue in effect.

Our failure to enforce a provision is not a waiver of that provision or any other right.

These Terms and Conditions, together with the policies incorporated by reference, form the entire agreement between you and Élane Montréal regarding your use of the website and purchases through it. They replace any prior agreement concerning the same subject matter.

25. Governing Law and Mandatory Consumer Rights

These Terms and Conditions and any purchase agreement with us are governed by the laws of the Netherlands, without regard to conflict-of-law principles.

This choice of law does not deprive you of any mandatory consumer protection available under the laws of the province, territory, state, or country where you ordinarily reside. If applicable law gives you the right to bring a claim in your local courts or before a consumer authority, nothing in these terms removes that right.

26. Contact Information

If you have questions about these Terms and Conditions, please contact us at:

Élane Montréal
Email: info@elanemontreal.com