This is an agreement between you ("You”) and Lavinella."We” and "Us” means both You and Lavinella.The effective date of this Agreement is when You accept this Agreement in accordance with the procedure set out above.
If You wish to contact Lavinella or have any questions about the products, the website or Your order, please contact Balbec customer services office at:
LAVINELLA-fine Italian accessories
J4Y 2V4, CANADA
Tel.: 514 966 0682
Lavinella is open Monday to Friday from 9 a.m. to 5 p.m. Standard Eastern Time.If You do not get through to Lavinella or call outside those hours, please leave a message with Your name and contact number and Lavinella will call You back as soon as it can.
You can also e-mail Lavinella(email@example.com).Lavinella will try to reply to You immediately, but if Lavinella is not able to do so, We will write to You in acknowledgment within three (3) business days.
1.Ownership And Copyright.You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this web site (collectively the "Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Lavinella or its licensors, as the case may be.
2.Permitted Use.Balbec hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.
3.Restrictions On Use.You agree that You will not:
(i)distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or
(ii)create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Lavinella or its licensors or allow any third-party to access the Content.The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
4.Limitations on Liability and Disclaimers.
WE WILL TAKE ALL REASONABLE STEPS TO PRESERVE THE SECURITY OF YOUR PERSONAL INFORMATION BUT THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE.THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND BALBEC ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
This web site may contain links to other sites.Lavinella does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk.In providing links to the other sites, Lavinella is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites.A link to another site should not be construed to mean that Lavinella is affiliated or associated with same.LAVINELLA DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES.The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.
We will try to keep the content of this website current and accurate. However, Lavinella will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize Lavinella to make, or for any errors or any changes made to any transmitted, stored or received information.
You are solely responsible for the retrieval and use of the Content.You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON.
WE ACCEPT UNLIMITED LIABILITY FOR DEATH AND PERSONAL INJURY CAUSED BY ANY ACT OR OMISSION BY US.
OTHERWISE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL BALBEC, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OR USE, LOST PROFITS OR LOST SAVINGS, EVEN IF BALBEC OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL BALBEC, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY, WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF BALBEC, EVEN IF BALBEC OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL BALBEC’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEB SITE, IN THE YEAR IN WHICH THE CLAIM AROSE.
BALBEC ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE.THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. BALBEC IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. BALBEC DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE.ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
5.Termination.This Agreement is effective until terminated by Lavinella, with or without cause, in Lavinella’s sole and unfettered discretion.Lavinella may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Lavinella shall be in addition to and without prejudice to such rights and remedies as may be available to Lavinella, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to Lavinella, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
6.Indemnity.You agree at all times to indemnify, defend and hold harmless Lavinella, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Lavinella directly or indirectly in respect of:
(i)any information or other content You provide on or through this web site or which is sent to Lavinella by e-mail or other correspondence; or
(ii)Your use or misuse of the Content or this web site, including without limitation infringement claims
7.Governing Law.Lavinella, this web site and the Content (excluding linked web sites or content) are physically located within the Province of Québec, Canada.This Agreement will be governed by the laws of the Province of Québec and the federal laws of Canada and shall be treated in all respects as a (Québec) contract, without reference to the principles of conflicts of law.In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the Québec courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods.
8.Interpretation.The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.All references to money amounts in this Agreement, unless otherwise specified, are in U.S. dollars.
10.Severability.Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
11.Enurement.This Agreement shall inure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns.You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.