Site Use

Welcome to the Internet Site of Erica Giuliani. This Internet Site comprises various Web pages and is owned and operated by Erica Giuliani or its subsidiaries and affiliates (collectively referred to herein as "Erica Giuliani"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this Internet Site as well as all sale of products and services offered on this Internet Site are subject to the legal terms and conditions outlined below (collectively, the "Terms and Conditions").

Your use of this Internet Site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Erica Giuliani reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the Erica Giuliani.ca website signifies your acceptance of such revised Terms and Conditions; therefore, we urge you to read them carefully each time you use this Internet Site.

Please note that the guidelines, policies and other terms and conditions of use and sale at the retail stores of Erica Giuliani and other Erica Giuliani-affiliated or co-branded websites may vary.

Please also note that products, prices and promotions in retail locations and on the website may vary.

Please also see our Privacy Policy as well as our Pricing Policy and Returns Policy.

 

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may copy electronically or print hard copies of any of the Web pages from this Internet Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Erica Giuliani. Except when the express written authorization of Erica Giuliani is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet Site. Erica Giuliani reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.

 

PROHIBITED OR UNLAWFUL USE

You warrant to Erica Giuliani that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site. ERICA GIULIANI EXPRESSLY PROHIBITS ANY UNAUTHORIZED THIRD PARTY LINKING TO ERICA GIULIANI.COM, including links to the home page or any other page on the Erica Giuliani domain.

 

ACCOUNT NAME AND PASSWORD

For certain activities on this Internet Site, you may be required to have an account name and a password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notify Erica Giuliani immediately of any unauthorized use of your account. ERICA GIULIANI DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.

 

PROPRIETARY RIGHTS

"Erica Giuliani.com", Erica Giuliani logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this Internet Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner.

All content of this Internet Site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Erica Giuliani or a Erica Giuliani affiliate or by third parties who have licensed their rights to Erica Giuliani. All such rights are expressly reserved.

 

REVIEWS AND ANSWER AREA

This Internet Site may enable you to submit user-generated content. If you provide content, by completing a Customer Review or submitting content for the Answer Area, you grant Erica Giuliani a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display what you have written throughout the world in any media. You also grant Erica Giuliani the right to use the name you submit with the feedback or Customer Review, if any. You also allow Erica Giuliani to group all content submitted within the same account in a user profile.

Questions, answers, reviews and all other information posted here reflect the opinions of the forum participants and in no way reflect the opinion of or are endorsed by Erica Giuliani. Erica Giuliani does not guarantee the accuracy or reliability of any information provided in the Answer Area. Erica Giuliani makes no representation or warranty with respect to this forum and assumes no liability for incorrect product information, mistakes, misinformation, falsehoods, profanity, obscenity, or other inappropriate material posted by any forum participant. All Customer Answer Area content must be completed in accordance with Answer Area Guidelines. All Customer Reviews must be completed in accordance with Erica Giuliani Customer Review Guidelines.

 

DISCLAIMER

PLEASE NOTE THAT ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ERICA GIULIANI DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF ERICA GIULIANI, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT ERICA GIULIANI DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKES THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
ERICA GIULIANI DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS INTERNET SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS INTERNET SITE. ERICA GIULIANI DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL ERICA GIULIANI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF ERICA GIULIANI OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN ERICA GIULIANI TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED TEN DOLLARS CDN ($10). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

You shall indemnify and save harmless Erica Giuliani, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this Internet Site

 

ONLINE SHOPPING

In order to purchase through this Internet Site you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this Internet Site as payable by you. All prices listed on this Internet Site are in Canadian dollars and all charges will be processed in Canadian dollars. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. Erica Giuliani reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Internet Site. In addition to any other rights or remedies, Erica Giuliani may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at anytime.

 

"Errors, Inaccuracies or Omissions"

Erica Giuliani makes every effort to ensure that the Content on this Internet Site is complete and current. However, Erica Giuliani does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Erica Giuliani reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Erica Giuliani reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, Erica Giuliani shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Erica Giuliani. Please also see our Returns Policy.

 

"Prices"

Please note that all prices listed on this Internet Site are for online purchases only and may not be matched at any Erica Giuliani retail location. Similarly all prices at any Erica Giuliani retail location may not be matched for online purchases on this Internet Site. Furthermore, Erica Giuliani charges sales tax for products ordered on this Internet Site based on the applicable combined federal and provincial sales tax rate of the location to which the order is being shipped.

 

"Colours"

Please note that although Erica Giuliani attempts to display the colours of the product shown on this Internet Site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.

 

"Delivery"

If shipping or delivery services are made available by Erica Giuliani, Erica Giuliani will endeavour to ship or deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that Erica Giuliani will not be held responsible for any delays in shipping or delivery. Where delivery is delayed, Erica Giuliani will notify you as soon as possible. Erica Giuliani will not deliver products to addresses located outside of North America.

 

LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT

This Internet Site may contain links to other Internet Sites which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by Erica Giuliani of such linked Internet Sites. All such other Internet Sites are wholly independent from this Internet Site and from Erica Giuliani and Erica Giuliani has no control or power over such other Internet Sites including their content. If you visit any of the linked Internet Sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

 

ENTIRE AGREEMENT

These Terms and Conditions, together with the Pricing Policy, Returns Policy as well as the Privacy sections of this Internet Site, constitute the entire agreement between Erica Giuliani and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Erica Giuliani and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Pricing Policy or Returns Policy , these Terms and Conditions shall prevail.

 

SEVERABILITY

These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

GOVERNING LAW

The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.