Last updated: February 2020.
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.
2. Your obligations when using the envello Services
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
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
5. Your submissions
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.
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.
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.
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.
13. Entire Agreement, Severability, Assignment, Termination, Language
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.