Terms of Use

Last updated: February 2020.

Thank you for visiting envello.com (the “Site”), owned and operated by 2672183 Ontario Inc. d/b/a envello (“envello”). All references to “we”, “us”, or “our” within these Terms of Use refer to envello.

envello is an online destination for premium bed and bath products. The term “envello Services” refers to our website platform, available through this Site, and all other services we may provide to you.

1. Agreement to these Terms of Use

By using the Site, you agree to these Terms of Use which form a binding agreement between you and envello (the “Terms of Use”, the “Agreement”). These Terms of Use contain limitations on our liability and a requirement that you indemnify us for certain types of losses or damages. Please read this Agreement carefully.

You agree to the most updated version of the Terms of Use each time you visit this Site, access and use the envello Services, or complete a purchase through the Site. You also agree to the envello Privacy Policy which is incorporated into and forms part of these Terms of Use.

If you have any questions about these Terms of Use, please contact us via our Contact Us page or send an email to hello@envello.com.

IMPORTANT INFORMATION FOR U.S. VISITORS: If you are a visitor from the United States, these Terms of Use contain a mandatory arbitration clause requiring you to resolve all disputes through binding individual arbitration and a class action waiver. You are waiving any right to have disputes with us decided by a judge or jury and you waive your right to participate in class actions, class arbitrations or representative actions.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.

2. Your obligations when using the envello Services

Minimum age

By using this Site, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction (a “Minor”), you must only use this Site under the supervision of your parent or legal guardian who agrees to these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use, you must monitor and supervise the use of this Site by the Minor and you are fully responsible for the Minor’s use of this Site, including all financial charges and legal liability that he or she may incur.

Accurate information

You agree to provide accurate information to envello and keep that information up to date.

Purchases without creating an account

You may purchase products on the Site without creating an account. If you choose to use this method of purchase, we may create an internal account for you where we store your information and records of your transactions.

Creating an envello account

You may create an envello account (an “Account”) to streamline your experience on the Site. You may only create one Account. When creating an Account, you will be required to provide your name, email address, telephone number, and password. You agree to use a strong, unique password for your Account and to protect your password. Your Account is personal to you. You may not transfer your Account or permit third parties to use your Account. You are responsible for all activity under your Account. We are not responsible for verifying the identity of the person using your Account. You must report any unauthorized activity on your Account to envello promptly.

You may have the option to save a credit card to be stored within your account. This option is for your convenience and you assume all risks when enabling this function.

Products cannot be resold

You may not use the Site to purchase products for resale. All of your purchases must be for your own use or as a gift for another person.

Do not violate the law

You may not submit any content to this Site that is purposely inaccurate, impersonates another person or falsifies information.

Do not take our property

You are not permitted to use any scripts or technologies to crawl, scrape, spider, index, or frame any page or content on the Site or to reverse engineer or attempt to obtain the source code of the Site. You may not link to the Site or an individual web page on the Site without our express written permission, which may be withheld or revoked in our sole discretion.

Do not harm the Site

You must not submit content to the Site that contains viruses or malware. You must not tamper or interfere with the proper functioning of any part of the Site or any functions or services provided by envello. You must not attempt to crash, overload or spam the Site. You must not attempt to evade or test our security measures or attempt to hack the Site.

Do not violate the rights of other people

You may not submit content to the Site that defames anyone or violates the legal rights of anyone, including their intellectual property rights, rights of privacy, or rights of publicity.

Do not misuse the Site

You must not submit content to the Site that advertises, or solicits other users to become a customer of, another site or that advertises or solicits for political or religious purposes.

3. Ownership of the envello Services

The envello Services and any content on the Site (including, without limitation, all text, graphics, videos, audio, icons, scripts, software, designs, applications, data, and other elements available on or through the envello Services) are proprietary to us, our suppliers or third-party content providers. envello grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the envello Services and the content pursuant to these Terms of Use. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell the envello Services or any of the Site content. You may print individual Site pages provided that you do not modify the pages or remove or alter any marks, notices or disclaimers.

envello™, the envello logo and other names and logos appearing on or in connection with the envello Services are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by us, our affiliates, or their respective owners or licensees and may not be used by you without express written permission of the owner or licensor.

4. Responsibility for third party websites and other links

The Site may contain links to third party websites. We are not responsible for the content of any third-party linked site or any link contained in a linked site. We are not responsible for the acts or omissions of any operator of any such site. Your use of any such third-party site is at your own risk and will be governed by such third party's terms and policies (including its privacy policy).

5. Your submissions

We may permit users of the Site to post reviews or comments or to send us feedback or ideas (each a “Submission”). If you choose to make a Submission, you agree to comply with these Terms of Use and you represent and warrant that your Submission is not subject to any confidentiality obligations or third party intellectual property rights, that you own and control all of the rights to the Submission, and that you have the authority to grant these rights to us.

If you make a Submission, you thereby grant us, our successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, produce, reproduce, modify, combine with other works, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications, display and exploit the Submission for any purpose (commercial or otherwise) in any media or using any technology now known or later developed, without providing any attribution or compensation to you. You agree, represent and warrant that all moral rights in your Submission are waived in favour of us and our successors, assigns and licensees. We disclaim any obligation of confidence or other duties to you regarding your Submission.

6. Disclaimer of representations, warranties and conditions

YOUR USE OF THE ENVELLO SERVICES IS AT YOUR OWN RISK. THE ENVELLO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ENVELLO SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE, USAGE, TRADE, CUSTOM OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, COMPLETENESS, ACCESSIBILITY, TITLE, MERCHANTABLE QUALITY, DURABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of liability

(Inapplicable in Quebec) WE AND OUR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE OR THE USE OF THE ENVELLO SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, SAVINGS, INCOME, USE, REPUTATION OR GOODWILL UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY US OR ANY PERSON FOR WHOM WE ARE RESPONSIBLE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH A SUPPLIER’S PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT DESCRIPTION, EXCEED THE AMOUNTS ACTUALLY PAID FOR THE PRODUCT.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THIS SECTION MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. Arbitration, Class Action Waivers, No Jury Trial

This section applies to visitors from the United States of America.

Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DisputeS or claimS between you and US arising out of, relating in any way to, or in connection with the ENVELLO Services or any products purchased through THE SITE shall be resolved exclusively by final, binding arbitration.

You ACKNOWLEDGE AND AGREE THAT YOU are giving up the right to go to court and have a dispute heard by a judge or jury.

The provisions of this Section 8 shall constitute a written agreement with envello to arbitrate disputes under the Federal Arbitration Act (United States). The arbitration shall be administered by the American Arbitration Association and conducted before a single arbitrator pursuant to its rules, including, without limitation, the American Arbitration Association’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will apply and be bound by this Section 8, apply these Terms of Use and applicable law to the facts, and issue a reasoned award, if appropriate.

To begin an arbitration proceeding, you must submit the dispute by utilizing the forms available at https://www.adr.org/consumer, and by simultaneously sending a copy of the completed form to the following address: 12 Shetland Street, Toronto, Ontario M2M 1X3.

Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association rules. In the event the American Arbitration Association is unavailable or unwilling to hear the dispute, you will cooperate with envello to select another arbitration provider.

No Class Actions

You agree that you will bring any claim against us in your individual capacity and not as part of a class arbitration, class proceeding, or representative action.

No Jury Trial

If for any reason a claim or proceeding in a court is permitted, you waive any right to a jury trial.

9. Indemnification

You agree to defend, indemnify, and hold envello harmless from and against any and all liabilities, claims, damages, costs, and expenses, including lawyer’s fees and expenses and court costs and awards, arising from or related to your misuse of the Site or any breach by you of these Terms of Use. We reserve the right to choose counsel if we do not agree with your choice. We also reserve the right to assume control of any defence. You agree to cooperate with envello in the defence of any claim whether or not we assume defence of it. You will not settle any claim that involves injunctive relief or mandatory orders against us without our consent.

10. Intellectual Property Infringement Reporting

If you own copyright, trademark, patent, or other intellectual property rights or are the authorized agent for such an owner, and you have a good faith belief that content on the Site violates those intellectual property rights, you may report your concern by submitting a complaint here.

11. Availability, Changes and Discontinuance of the envello Services

There may be interruptions in your use of the envello Services due to routine maintenance or to circumstances inside or outside of our control. We reserve the right to restrict access to all or part of the envello Services without notice for any reason in our sole discretion. In addition, we may also discontinue all or part of the envello Services without notice for any reason in our sole discretion, even if you have created an account with us.

The use of “ad-blockers” or similar content blocking applications may impair the functionality of this Site, either fully or in part, and may prevent you from using certain of this Site’s features, services or applications. envello is not responsible for any impact your use of such applications has on your browsing experience or our ability to provide the envello Services to you.

We may suspend or close your account without notice if you violate these Terms of Use.

12.Governing law

(Not applicable in Quebec) These Terms of Use and all related matters are governed solely by the laws of the Province of Ontario, Canada, the applicable federal laws of Canada without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Subject to Section 8, any dispute between you and envello arising out of or relating these Terms of Use shall be resolved before the Courts of Ontario, sitting in the City of Toronto.

If you are a resident of Quebec when you use the envello Services, these Terms of Use and all related matters are governed solely by the laws of the Province of Quebec, Canada, the applicable federal laws of Canada without regard to conflict of laws principles and all disputes shall be resolved before the Courts of Quebec, sitting in the City of Montreal. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13. Entire Agreement, Severability, Assignment, Termination, Language

Entire Agreement

These Terms of Use, the Privacy Notice and all other disclaimers and warnings on the Site constitute the entire agreement between you and envello.

Severability

If any provision of these Terms of Use is held by a court or arbitrator to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect.

Assignment

You may not assign your rights and obligations under these Terms of Use. envello may assign its rights and obligations under these Terms of Use without your consent.

Termination

If you terminate or we suspend your account or these Terms of Use are terminated for any reason, you and envello will continue to be bound by these Terms of Use regarding any matter arising out of or relating to your prior access to and use of the Site, including any purchase you made through the Site.

Language – English / Anglais

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

14. Changes to these Terms of Use

We may change these Terms of Use at any time. All changes will apply to uses of the envello Services after the date of posting of the Terms of Use at https://envello.com/pages/terms-of-use.  You may not change these Terms of Use.