TERMS AND CONDITIONS OF SALE AND USE

This website, including all information, tools and services available through it, is offered to you by the ELG Group, conditional upon your acceptance of all of the terms, conditions, policies and notices contained herein. This website is operated by the ELG Group. Throughout the site, we use the terms "we", "us" and "our" to refer to "ELG Group".

Please read these Terms and Conditions of Sale and Use carefully before accessing and using our website. If you do not agree to all of the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to them. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions.

By visiting our Site and/or purchasing a part or equipment from our company, you are participating in our "Service" and agree to be bound by the following "Terms and Conditions of Sale and Use", including the terms, conditions and policies referenced and/or hyperlinked herein. These Terms of Use apply to all users of the Site, including, but not limited to, individuals who are customers, suppliers, visitors, merchants and/or content providers.

We reserve the right to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting such updates and/or modifications on our website. Each new tool or feature that is added to this Store is also subject to the Terms and Conditions of Use. You can review the most current version of the Terms and Conditions of Use at any time on this page. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes constitutes your acceptance of those changes.

Our store is hosted on K-e-Commerce. This company provides us with the online e-Commerce platform that allows us to sell our products and services.

SECTION 1 - TERMS AND CONDITIONS OF SALE AND USE OF THE ONLINE STORE

By agreeing to these Terms and Conditions of Sale and Use, you represent that you have given us permission to allow any minor in your care to use this site and that you are at or above the age of majority in your region, province, or state.

You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction when using the Service (including, without limitation, copyright laws).

You may not transmit any viruses, worms, or any code of a destructive nature.

A violation or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2 - TERMS AND CONDITIONS        

We reserve the right to refuse service at any time and for any reason.

In exceptional cases, we reserve the right to serve a customer for a legitimate reason(s).

You understand that your content (except for credit card information) may be transferred without encryption and that this includes:

(2.a) changes made for the purpose of conforming and adapting to the technical requirements of connecting networks or devices

and

(2.b) transmissions over multiple networks; your credit card information is always encrypted when transferred over networks.

You agree not to reproduce, sell, resell, duplicate, copy or exploit any portion of the Service, any access to or use of the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this Agreement are included for convenience only and shall not limit or affect these Terms.

SECTION 3 - COMPLETENESS, ACCURACY AND TIMELINESS OF INFORMATION

We are not responsible for any information provided on this site that is inaccurate, incomplete, or out of date. The content of this site is provided for general information purposes only and should not be used or relied upon as the sole basis for making decisions without consulting greater, more complete, more accurate or more current sources of information. If you rely on the content of this site, you do so at your own risk.

You acknowledge that it is your responsibility to monitor changes to our site. This site may contain certain historical information. Historical data is not current and is provided for reference purposes only. We reserve the right to make changes to the contents of this site at any time, but we are under no obligation to update any of the information contained herein.

SECTION 4 - SERVICE AND PRICE CHANGES

Prices for our products are subject to change without notice.

We reserve the right to terminate the Service or modify any part of it without notice at any time.

We will not be liable to you or any third party for any change in prices, or for any modification, interruption, or suspension of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be available online only. The quantities of these products or services may be limited and their return or exchange is strictly subject to our Return and Refund Policy.

We present the images and colors of the products on the website as accurately as possible. However, we cannot guarantee the accuracy of color display on your computer screen.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic area, or jurisdiction. We reserve the right to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time at our sole discretion and without notice. We reserve the right to discontinue any product at any time. Any offer of products or services on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel or limit quantities purchased per person, per household, or per order. These restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the email address and/or phone number or billing address provided at the time of ordering. We reserve the right to prohibit or limit orders that we believe may have been placed by dealers, distributors, or resellers.

You agree to provide current, accurate and complete purchase and account information for all purchases made from our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

For more information, please see our Return and Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, manage, or control.

You acknowledge and agree that we provide you access to these tools on an "as is" and "as available" basis, without any representation, warranty, or condition of any kind and without any endorsement. We shall not be liable for anything arising out of or relating to your use of the third-party Optional Tools.

Any use by you of the Optional Tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of the terms and conditions under which such tools are provided by the relevant third-party provider(s) and that you agree to those terms and conditions.

We may also, in the future, offer new features and/or services through the Website (including the release of new tools and resources). These new features and/or services will also be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

Some of the products, content, and services accessible through our Service may include material from third parties.

We are not required to evaluate or review their content or accuracy, nor do we warrant or assume any responsibility for the content or websites, or other content, products, or services of third-party sources. Third party links on this site may direct you to third party websites that are not affiliated with us.

We are not responsible for any damages or injury related to the purchase or use of any goods, services, content, resources, or any other transactions related to these third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction. Complaints, concerns, claims, or questions regarding third party products should be directed to those third parties.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific content (e.g., as part of your participation in promotions or contests), or if, without our request, you send creative ideas, plans, proposals, suggestions or other materials, whether online, by email, by mail or otherwise (collectively, "Feedback"), you grant us the right, at any time and without limitation, to edit, translate, publish, copy, distribute and use in any medium any Feedback you send to us. We are not and shall not be obligated to:

1.         Maintain the confidentiality of the Comments.

2.         Compensate anyone for any comments provided.

3.         To respond to comments.

We may, but are not obligated to, remove content and Accounts containing content that we, in our sole discretion, deem offensive, illegal, defamatory, threatening, obscene, pornographic, or otherwise objectionable or that violates any party's intellectual property or these Terms and Conditions.

You agree that your comments must not infringe on the rights of any third party, including copyrights, privacy, personality, trademarks or any other personal or intellectual property rights. You further agree that your comments shall not contain any unlawful, obscene, or offensive material or any worms, computer viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not pretend to be someone you are not, use a false email address, or attempt to mislead us or third parties as to the origin of any comments. You are solely responsible for all comments you make and their accuracy. We are not responsible for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

The transmission of your personal information on our online site is governed by our Privacy Policy. Click on

SECTION 11 - ERRORS, OMISSIONS, AND INACCURACIES

From time to time, there may be information on our site or in the Service that contains typographical errors, omissions related to descriptions or inaccuracies, prices, promotions, offers, shipping costs, delivery times and product availability. We reserve the right to correct any errors, omissions, or inaccuracies, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time without notice (including after you have placed your order).

No specific update or refresh date applied to the Service or any related website shall be defined to indicate that all information offered in the Service or on any related website has been changed or updated. We are under no obligation to update, modify or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its contents:

(a) For any unlawful purpose.

(b) To induce others to engage in or participate in illegal acts.

(c) To violate any local ordinance or any international, federal, provincial, or state law, rule, or regulation.

(d) To infringe or violate our intellectual property rights or those of others.

(e) To harm, defame, harass, abuse, insult, intimidate, slander, libel or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

f) To submit misleading or false information.

(g) To post or transmit worms, viruses or any other type of malicious code that will or may be used to interfere with the operation of the Service or the functionality of any related web site or the Internet.

h) To collect or track the personal information of others.

i) To phish, spam, hijack a domain, extort information, explore, browse, or scan the web.

j) For obscene or immoral purposes.

k) To circumvent or interfere with security measures of the Service or any related site,           other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating the Prohibited Terms of Use. 

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant, represent, or warrant that your use of our Service will be uninterrupted, secure, timely or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be reliable or accurate.

You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it without notice at any time.

The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use without any representations, conditions, or warranties of any kind, either express or implied, including any implied conditions or warranties of merchantability or fitness for a particular purpose, title, durability, and non-infringement. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

In no event shall ELG Group, our affiliates, directors, officers, agents, contractors, suppliers, employees, interns, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to, for loss of profits, revenue, data or savings, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any service or product using the Service, or any other claim in any way connected with your use of the Service or any product, including but not limited to omissions, errors in content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted or made available through the Service, even if you have been advised of the possibility thereof.

Because some states or jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold ELG Group and our parent, subsidiaries, affiliates, directors, partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of another.

SECTION 15 - SEVERABILITY

If any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Use, without such holding affecting the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. These Terms of Use will remain in effect unless and until terminated by you or by us.

If we determine or suspect, in our sole discretion, that you are not complying or have failed to comply with any provision or term of these Terms of Use, we may also terminate this agreement at any time without notice to you. You will then remain liable for all amounts owing up to and including the date of termination, because of which we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use or any other operating policies or rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous communications, agreements, and proposals, whether written or oral, between you and us (including, without limitation, any prior version of the Terms and Conditions).

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the drafting party. 

SECTION 18 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the laws of the ELG Group, 2650 Dalton Avenue, Quebec City, QC G1P 3S4, Canada. 

SECTION 19 - CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE

You can review the most current version of the Terms and Conditions of Service at any time on this page.

Your continued access or use of our website and the Service following the posting of changes to these Terms and Conditions of Use constitutes your acceptance of those changes.  We reserve the right, in our sole discretion, to update, modify or replace any portion of these Terms and Conditions of Service by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time for changes.

SECTION 20 - CONTACT INFORMATION

If you have any questions or concerns regarding our terms and conditions of sale and use, please contact us at: info@elgirard.com.

Last updated on October 6th, 2022

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