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Website Term of Use

1. Use of this Website

Welcome to the ANNABELLA.CA Website. Please review these terms of use carefully before using this Website.

The use of this Website is subject to the following terms and conditions of use and sale and all applicable laws. If you do not agree with any or all of the Terms, please do not use this Website. ANNA BELLA provides you access to this Website subject to your compliance with the Terms herein.

We reserve the right to change these terms and conditions from time to time by updating this posting.

2. Age of User

This Website is intended for use by adults only. You should not use this Website to purchase any of our products unless you are 18 years of age or older.

3. Product Purchases and User Account and Password

If you elect to register on the Website for the purchase of Products or otherwise, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account by any third party. You agree to be responsible for all activities on the Website that occur on your account or password. ANNA BELLA reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.

4. Product Information and Availability

Products which are displayed on this Website and that may be purchased are available for sale and distribution to customers in Canada only. ANNA BELLA attempts to be accurate in describing all products available for sale, however, ANNA BELLA does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current or error-free as they are updated regularly and change from time to time. ANNA BELLA is not responsible for typographical errors regarding the price or any other matter indicated nor can we guarantee that the user’s monitor will accurately portray the actual colours of the products.

The availability of certain products may be limited and/or not be available for immediate delivery. If ANNA BELLA is unable to deliver a product ordered, we will notify you via e-mail and your order will be either automatically cancelled if the product is unavailable or contact you to allow you to maintain your order subject to a revised delivery time if and when the product becomes available. All prices are subject to change.

5. Product Pricing

All prices listed on this web site are in Canadian dollars and all charges will be processed in Canadian dollars. In the event of any inadvertent errors or inaccuracies in pricing, Anna Bella may correct these and change or update information on this web site at any time without notice including in respect of prices and availability of items.

6. Consent Regarding Electronic Documents

By using this Website you consent to the exchange of information and documents between you and ANNA BELLA over the Internet or by e-mail, and you agree that these Terms, together with any applicable order confirmation(s) accepted by ANNA BELLA in electronic form shall be equivalent of an original written paper agreement between you and ANNA BELLA. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirements that such communications be in writing.

7. Cancellation

ANNA BELLA reserves the right, in its sole discretion, to limit quantities sold, terminate user accounts and to refuse or cancel any order even if the order has already been submitted, whether or not the order has been confirmed or accepted and whether or not your credit card or pay account has been charged. In the event that your order is cancelled after your payment has been processed, ANNA BELLA will issue a full refund to you.

8. Terms of Payment

Terms of payment for products purchased through this Website shall be determined in ANNA BELLA’s sole discretion. Payment shall be made by credit card unless another pre-arranged method of payment has been accepted by ANNA BELLA in advance. Any payment made by credit card or other means shall be subject to the approval of the financial institution that has issued the credit card or other method of payment.

9. Shipping and Delivery

Any items purchased on this web site will not be delivered to an address outside of Canada. ANNA BELLA will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods stated, but will not be responsible for any delays in delivery which are beyond its control. ANNA BELLA will notify you in the event of any delays in delivery.

10. Shipping Risk of Loss and Taxes

Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial or other sales or any other taxes or dues. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax and any other taxes and duties associated with the order which may be charged in their jurisdiction.

All product(s) purchased from ANNA BELLA via third party delivery companies, pursuant to a shipping contract. You shall become the owner of the product(s) and assume the risks of loss from the time of delivery by ANNA BELLA of the product(s) to the third party delivery company.

11. Returns

All product returns are subject to ANNA BELLA’s Return Policy the Terms of which are deemed to be incorporated herein.

12. Prohibited Uses

The Website may only be used for lawful purposes and is only available to you for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website, and accessing product information for your personal review.

You are responsible for your own communications, including the transmission, posting and uploading of information and are responsible for the consequences of such communications to the Website. ANNA BELLA specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following purposes:

  • Posting any information which is incomplete, false, inaccurate or not your own;
  • Engaging in conduct that would constitute a civil or criminal offense, giving rise to civil or criminal liability or otherwise violate any city; provincial, national or international law or regulation that would fail to comply with accepted Internet protocol;
  • Communicating, transmitting, or posting material that is copyrighted, trademarked or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it;
  • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
  • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; Attempting to interfere in any way with the Website ‘s or ANNA BELLA’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system;
  • Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
  • Violating or attempting to violate the security of the Website, including but not limited to:
  • Accessing data not intended for you or logging on to a ANNA BELLA server or account, which you are not authorized to access;
    Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
    Attempting to interfere or interfering with the operation of the Website, our providing services to any other visitors to the Website, our
    hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website;
    Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to the Website.

    13. Copyrights and Trademarks

    Material on this Website, including but not limited to texts, images, illustrations, software, HTML code, audio clips, and video clips, is owned or otherwise provided by the Site Owner who does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this Website is protected in Canada and in other jurisdictions by the Copyright Act and by all applicable international treaties. Consequently, the material on this Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, video or executable files, without the prior written consent of the Site Owner. Trademarks, logos, and service marks displayed on this Website, including but not limited to ANNA BELLA are registered or unregistered Marks of the Site Owner or others and the property of their respective owners, and may not be used without written permission from the owners of such Marks. Nothing in this Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.

    14. Use of Material and Confidentiality

    Other than your account information and your information required to process Orders, ANNA BELLA does not wish to receive Material from you that is or may be confidential, secret or proprietary information. Therefore, you acknowledge and agree that any Material which you provide to ANNA BELLA including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of or in connection with this Website or the Products, is not, save as may be required under applicable law(s) or pursuant to ANNA BELLA’s privacy policy, confidential, secret or proprietary.

    You acknowledge and agree that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that your Material and ANNA BELLA’s use of such Material as permitted in these Terms, does not infringe on your rights or the rights of any other person or entity.

    By providing any Material you consent to ANNA BELLA using any of your Material, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing your Material for the commercial purposes of ANNA BELLA, in accordance with the ANNA BELLA Privacy Policy.

    15. Surveillance

    ANNA BELLA may monitor the access to its Website and other activities in relation to its Website for quality control or any other purpose and may intervene in this regard. You consent to such surveillance and intervention should ANNA BELLA elect to do so.

    16. Use and Modification of Website

    We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the Site.

    17. Exclusion and Disclaimer of Warranties

    For the purposes of this Section "ANNA BELLA" shall include ‘ANNA BELLA' respective Director, Officers, Employees, Agents, Mandatories, contractors and any third party supplier or contractor.

    PLEASE NOTE: THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT CONCERNING THE TERMS AND CONDITIONS OF USE.

    THE FOLLOWING EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED HEREIN. ANNA BELLA MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT IT'S USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ANNA BELLA DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE MAY OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

    EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS", "WITH ALL FAULTS" BASIS AND ANNA BELLA DOES NOT MAKE OR MAKE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION HEREIN; OR THE MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

    18. Limitation of Liability

    ANNA BELLA WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

    ANY LOSS OF DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, LINKS WITH OTHER WEBSITES OR SOCIAL MEDIA, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM ANY ANNA BELLA WEBSITE OR SOCIAL MEDIA, EVEN IF ANNA BELLA OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATORIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

    WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ANNA BELLA BE LIABLE FOR: DAMAGES OR LOSSES RESULTING FROM VIRUSES INCLUDING COMPUTER OR WEB BASED VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF SAME OR TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, ANNA BELLA 'S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY THE USER OR PURCHASER, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF ANNA BELLA.

    IF, NOTWITHSTANDING THE LIMITATIONS NOTED HEREIN, ANNA BELLA IS FOUND TO BE LIABLE FOR ANY DAMAGE(S) OR LOSS IN CONNECTION WITH THIS WEBSITE, IN NO CASE SHALL ANNA BELLA 'S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE, BE FOR MORE THAN THE AMOUNT PAID BY THE USER OR PURCHASER FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE.

    19. Binding Effect

    These Terms and conditions herein shall insure to the benefit of and are binding upon each of the parties hereto and their respective successors and assigns.

    20. Governing Law

    This Website is controlled, owned and operated by ANNA BELLA located in Richmond Hill, Ontario, Canada and these Terms, this Website, any use of this Website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

    21. Dispute Resolution

    The user of this Website or Purchaser of Product(s) on the Website acknowledges and agrees that any dispute that may arise with ANNA BELLA in respect of these Terms and Conditions and the transactions contemplated herein shall be resolved by the Provincial and Federal Courts and Tribunals sitting in the province of Ontario and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these Courts.

    22. Severability

    If any one of these Terms or conditions shall be deemed invalid, void, or for any reason unenforceable, then such Term or condition shall be deemed severable from the remaining Terms and conditions and shall not affect the validity and enforceability of any remaining Terms and conditions.

    23. Jurisdiction

    ANNA BELLA makes no representation that materials, information or Products provided on or through this Website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    24. No Waiver

    ANNA BELLA's failure to enforce any provision(s) of these Terms or conditions or to respond to a breach by you or any third party of these Terms or conditions shall not in any way waive the right of ANNA BELLA to subsequently enforce any of the Terms and conditions contained herein or to act with respect to other similar or future breaches.

    25. Entire Agreement

    The Terms and conditions, together with all other agreements, Terms or conditions incorporated or referred to herein constitute the entire agreement between you and ANNA BELLA with respect to the use of this Website and any transaction conducted on or from this Website and its contents, supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by ANNA BELLA making such amendments or modifications available to it pursuant to the Terms and conditions hereof.

    26. No Assignment

    You may not assign your rights or obligations herein without the express written consent of ANNA BELLA.

    27. Termination

    ANNA BELLA reserves the right, to terminte your access to all or any part of this Website, with or without notice in its sole discretion.

    28. Headings

    The headings used herein are inserted for purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms and conditions herein.

    Last updated: Feburary 9th 2014