Terms and Conditions

Terms and Conditions of Sale – Ella & Sage

These Terms and Conditions of Sale govern all offers, orders, transactions, and agreements entered into through the website operated under the brand name Ella & Sage. By accessing the website or placing an order, the consumer confirms that they have read, understood, and accepted these Terms in full, without reservation or limitation.

Article 1 – Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply. The cooling-off period refers to the legally defined period during which the consumer may exercise the right of withdrawal. The consumer refers to any natural person acting exclusively for personal purposes and not in the exercise of a trade, business, or profession. A day refers to a calendar day. An ongoing contract refers to an agreement involving the repeated delivery of products or services over a specified or indefinite period. A durable medium refers to any means that enables information to be stored in a manner accessible for future reference and reproduction without alteration. The right of withdrawal refers to the consumer’s statutory right to cancel a distance contract within the applicable timeframe. The seller refers to Ella & Sage. A distance contract refers to an agreement concluded without the simultaneous physical presence of the seller and the consumer. A remote communication method refers to any technique used to conclude a contract without physical presence. The General Terms refer to these Terms and Conditions of Sale.

Article 2 – Scope and applicability

These Terms and Conditions apply to all offers, quotations, sales, and distance contracts between Ella & Sage and the consumer. Prior to the conclusion of any contract, the consumer shall be given the opportunity to review these Terms. Where physical provision is not reasonably possible, the seller shall clearly indicate how and where the Terms may be accessed and that they will be provided free of charge upon request.

If a contract is concluded electronically, the Terms may be provided electronically in such a way that the consumer can store and reproduce them for later reference. Any deviation from these Terms shall only be valid if expressly agreed to in writing by the seller. In the event of conflicting provisions, the interpretation most consistent with the intent of these Terms shall prevail.

For the avoidance of doubt, the use of the name “Ella & Sage Toronto” is purely a brand designation inspired by the city of Toronto and does not indicate a physical location, warehouse, office, or legal entity in Canada. No rights, expectations, or claims may be derived from this geographic reference.

Article 3 – The offer

All offers made by Ella & Sage are non-binding and subject to change, modification, or withdrawal at any time. Where an offer is subject to specific conditions, limitations, or a limited period of validity, such conditions shall be stated clearly.

Product descriptions, specifications, and images are prepared with reasonable care. However, images are for illustrative purposes only and may not perfectly reflect the delivered product. Minor deviations in colour, texture, material appearance, or finish shall not constitute non-conformity.

All information provided in an offer, including prices, availability, delivery estimates, and specifications, is indicative only and does not entitle the consumer to compensation or cancellation, except where mandatory consumer law provides otherwise.

Article 4 – Formation of the contract

A contract is formed at the moment the consumer completes the ordering process and explicitly accepts the offer. For electronic transactions, the seller shall confirm receipt of the order electronically without undue delay.

Until such confirmation has been received, the consumer may cancel the order without obligation. Ella & Sage reserves the right to refuse, suspend, or cancel orders in cases of suspected fraud, incorrect information, payment irregularities, or product unavailability.

The seller takes reasonable measures to secure electronic transactions. All contracts are concluded subject to product availability.

Article 5 – Right of withdrawal

The consumer has the right to withdraw from the contract within fourteen days from the day the product is received. During this period, the consumer shall handle the product and packaging with care and only to the extent necessary to assess the nature, characteristics, and functioning of the product.

To exercise the right of withdrawal, the consumer must notify Ella & Sage in writing within the withdrawal period. Following notification, the consumer must return the product within fourteen days. Proof of dispatch may be required.

Failure to comply with these conditions may result in the loss of the right of withdrawal.

Article 6 – Costs in case of withdrawal

In the event of withdrawal, all costs associated with returning the product shall be borne by the consumer. This includes international return shipping costs to the seller’s fulfilment partner, which may be located outside the consumer’s country of residence.

Refunds shall be processed within fourteen days after receipt of the returned goods or after sufficient proof of return has been provided. Refunds will be issued using the original payment method unless otherwise agreed.

Article 7 – Exclusion of the right of withdrawal

The seller may exclude the right of withdrawal for certain products or services where legally permitted, provided such exclusion is clearly stated prior to the conclusion of the contract. This includes, but is not limited to, custom-made or personalised items, hygiene-sensitive goods, sealed items unsealed after delivery, perishable goods, and products subject to rapid deterioration.

Services that begin with the consumer’s explicit consent before the withdrawal period expires may also be excluded from withdrawal rights.

Article 8 – Prices and charges

All prices displayed on the website are shown in United States Dollars (USD) unless stated otherwise. Prices do not include sales tax, import duties, customs fees, brokerage charges, or similar governmental levies.

Orders shipped to Canada are delivered under the Incoterm Delivered At Place (DAP/DDU). The consumer acts as the importer of record and is solely responsible for any duties, taxes, or fees imposed by customs authorities or carriers.

Products are shipped directly from international fulfilment locations, primarily outside North America. The seller cannot be held liable for customs delays, inspections, refusals, or additional charges.

Article 9 – Conformity and warranty

The seller guarantees that products conform to the contract at the time of delivery. Manufacturer warranties do not limit statutory consumer rights.

Any defect, damage, or incorrect delivery must be reported in writing within fourteen days of receipt. Products must be returned unused, undamaged, and in original packaging.

The seller is not liable for misuse, normal wear and tear, or suitability for a specific purpose not expressly stated.

Article 10 – Delivery and execution

Orders shall be delivered to the address provided by the consumer. Delivery shall take place within thirty days unless otherwise agreed.

If delivery is delayed or impossible, the consumer shall be notified and may cancel the contract. Risk of loss transfers to the consumer upon delivery.

Article 11 – Ongoing contracts

Consumers may terminate ongoing contracts with one month’s notice. Fixed-term contracts shall not renew automatically unless expressly agreed.

Trial subscriptions end automatically unless converted into paid subscriptions.

Article 12 – Payment

Payment must be completed within the timeframe specified at checkout. In case of non-payment, the seller may suspend or cancel the order.

The consumer is responsible for providing accurate payment information and reporting errors promptly.

Article 13 – Complaints procedure

Complaints must be submitted in writing within seven days of discovery. The seller shall respond within thirty days.

Unresolved complaints may constitute a dispute.

Article 14 – Company information and transparency

Ella & Sage operates exclusively online under Parkstad eComm, registered in the Netherlands. The brand name does not imply physical presence in Canada.

Customer service is available via support@ellasage-toronto.com.

Article 15 – Governing law and disputes

All agreements are governed by Dutch law. Disputes shall be submitted to the competent court in the Netherlands.

Article 16 – Limitation of Liability

To the maximum extent permitted by applicable law, Ella & Sage shall not be liable for any indirect, incidental, consequential, or special damages arising from or related to the performance of the contract or the use of the website. This includes, but is not limited to, loss of profit, loss of revenue, loss of data, loss of business opportunities, or reputational damage.

Any liability of the seller shall, where legally permissible, be limited to the total amount paid by the consumer for the product giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under mandatory law.

Article 17 – Force Majeure

Ella & Sage shall not be held liable for any failure or delay in the performance of its obligations resulting from circumstances beyond its reasonable control. Such circumstances include, but are not limited to, natural disasters, extreme weather conditions, pandemics, government actions, strikes, transportation disruptions, customs delays, supplier failures, system outages, or interruptions in communication networks.

In the event of force majeure, the seller’s obligations shall be suspended for the duration of the event. If such circumstances persist for an extended period, the seller may cancel the affected order without liability.

Article 18 – Product Variations and Presentation

Products displayed on the website are presented as accurately as reasonably possible. However, minor variations in colour, texture, material, stitching, or finish may occur due to manufacturing processes, screen settings, lighting conditions, or batch differences.

Such variations are considered normal for online sales and shall not constitute a defect or non-conformity.

Article 19 – Measurements and Sizing Information

All measurements, size charts, and fit descriptions provided on the website are intended as general guidance only. Slight deviations may occur due to manual measurement methods or production tolerances.

The consumer acknowledges that sizing outcomes may vary based on individual body shape, preferences, and styling choices. No guarantee of exact fit is provided.

Article 20 – Consumer Responsibility

The consumer is responsible for reviewing all product information, size guides, care instructions, and policy information prior to placing an order. Placing an order constitutes confirmation that the consumer has reviewed and accepted this information.

Ella & Sage shall not be liable for dissatisfaction resulting from incorrect assumptions or expectations on the part of the consumer.

Article 21 – Use and Care of Products

Products must be used and maintained in accordance with any instructions provided. Damage resulting from improper use, incorrect care, exposure to unsuitable conditions, or normal wear over time does not constitute a defect.

The seller is not responsible for reduced product lifespan resulting from failure to follow care instructions.

Article 22 – Third-Party Services

Ella & Sage relies on third-party service providers for payment processing, logistics, website hosting, and analytics. While reasonable care is taken in selecting such providers, the seller shall not be liable for interruptions, errors, or delays caused by third-party systems.

Temporary unavailability of services shall not entitle the consumer to compensation or cancellation.

Article 23 – Chargebacks and Payment Disputes

In the event that a consumer initiates a chargeback or payment dispute without first contacting customer support, Ella & Sage reserves the right to suspend order processing and investigate the matter.

Unjustified chargebacks may result in administrative costs being charged to the consumer where legally permitted.

Article 24 – Fraud Prevention and Order Verification

The seller reserves the right to implement reasonable fraud prevention measures, including order verification, additional documentation requests, or order cancellation. Failure to comply with verification requests may result in order cancellation without liability.

Article 25 – Reviews and User Submissions

Any reviews, feedback, or comments submitted by consumers may be used by Ella & Sage for informational or promotional purposes, unless otherwise requested in writing.

The seller reserves the right to remove or moderate content that is misleading, offensive, or irrelevant.

Article 26 – Amendments to the Terms

Ella & Sage reserves the right to amend these Terms and Conditions at any time. Amendments shall take effect upon publication on the website. Continued use of the website constitutes acceptance of the revised Terms.

Article 27 – Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed without affecting the validity of the remaining provisions.

Article 28 – Entire Agreement

These Terms, together with the Privacy Policy and Shipping Policy, constitute the entire agreement between Ella & Sage and the consumer. No verbal agreements or representations shall be binding unless confirmed in writing.

Article 29 – Language

These Terms are drafted in the English language. In the event of translation, the English version shall prevail in case of discrepancies.

Article 30 – Final Provision

By placing an order with Ella & Sage, the consumer confirms acceptance of these Terms and Conditions of Sale in full. These Terms apply to all current and future transactions unless expressly stated otherwise.