| TERMS & CONDITIONS
Please read carefully. YOUR USE OF THIS WEB SITE (hereinafter the
“Site”) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF
THESE TERMS AND CONDITIONS OF USE. If you do not agree with any
of these Terms and Conditions of Use, do not use this site. Claudia
Accessories reserves the right to update or modify these Terms and
Conditions of Use at any time without prior notice. We encourage
you to review these Terms and Conditions of Use whenever you visit
this Site. Materials contained within this Site are intended for
Canadian and U.S. residents.
1. License. When You, the user ("You"), use the Site,
Claudia Accessories Inc. (“Claudia Accessories”) grants
a limited revocable license to You to use the Site solely on behalf
of Yourself or Your organization or company for personal, non-commercial
use and solely in compliance with these Terms and Conditions of
Use. You may download or copy the contents and other downloadable
materials displayed on the Site for Your personal use only. No right,
title or interest in any downloaded materials or software is transferred
to You as a result of any such downloading or copying. This license
expressly prohibits You, without limitation, from reselling the
Site or any portion thereof or the services offered by Claudia Accessories,
making any derivative work of the Site, collecting or using e-mail
addresses or other information, ratings or listings, or extracting
or mining any data whatsoever. You may use this Site for legitimate
informational and shopping purposes only. You may not harm the Site
in any way or otherwise use the Site in any improper manner, including,
but not limited to hacking into the Site's systems, spoofing or
faking e-mail headers or slowing or stopping the functionality of
the Site.
2. Registration and Password: In the event that you register and/or
purchase product through this Site, You agree to: (a) provide true,
accurate, current and complete information about Yourself as prompted
by the registration form. If You provide any information that is
untrue, inaccurate, not current or incomplete, or Claudia Accessories
suspects, for any reason, that such information is untrue, inaccurate,
not current or incomplete, Claudia Accessories, in its sole discretion,
has the right to suspend or terminate Your account and refuse any
and all current or future use of the Site by You. You will create
a password and account designation upon completing the registration
process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under Your password or account. You agree to (a) immediately
notify Claudia Accessories of any unauthorized use of Your password
or account or any other breach of security, and (b) ensure that
You exit from Your account at the end of each session. Claudia Accessories
will not be liable for any loss or damage arising from Your failure
to comply with this paragraph.
4. Links to Other Sites. References on this Site to any name, marks,
products or services of third parties or hypertext links to third
party sites or information are provided solely as a convenience
to You and do not in any constitute or way imply an endorsement,
sponsorship or recommendation by Claudia Accessories regarding the
third party information, product or service. These sites are maintained
by third parties over whom Claudia Accessories exercises no control.
Claudia Accessories has not reviewed all sites linked to this Site
and Claudia Accessories expressly disclaims any responsibility for
the content, the accuracy of the information, and/or the quality
of products or services provided by or advertised on these third-party
web sites. If You decide to link to any such third party site, You
do so at Your own risk.
5. Statements Made in Describing Goods. CLAUDIA ACCESSORIES DOES
NOT WARRANT THAT THE WEB SITE OR THE MATERIALS CONTAINED THEREIN
WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLAUDIA ACCESSORIES CANNOT
BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN ANY CATALOGUE, PRODUCT
ADVERTISING MATERIAL, OR SITE, ANY GLOSSARIES CONTAINED WITHIN THE
WEB SITE, OR ANY SUPPLEMENTAL MATERIAL. MATERIAL ON THE SITE ALSO
MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND
MAY BE CHANGED OR UPDATED WITHOUT NOTICE; CLAUDIA ACCESSORIES WILL
NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS,
CHANGES, OR UPDATES. CLAUDIA ACCESSORIES IN ITS SOLE DISCRETION
MAY ADD, DELETE, OR CHANGE SOME OR ALL SERVICES OFFERED VIA THE
WEB SITE AT ANY TIME.
6. Permission to Use Your Content. All information, ideas, suggestions
or other communications You transmit to Claudia Accessories concerning
the materials contained in this Site shall be on a non-confidential
basis. By transmitting any suggestions, information, material, or
other content (collectively, "User Content") to Claudia
Accessories, You automatically grant Claudia Accessories the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, redistribute, transmit, perform and display
such User Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or
later developed for the full term of any rights that may exist in
such User Content. Further, Claudia Accessories is free to use any
ideas, concepts, know-how, techniques, and suggestions contained
in any communications You send to this Site without compensation
to You and for any purpose whatsoever, including but not limited
to creating, manufacturing, and marketing products and/or services
using such information.
7. Your Representations & Indemnification Obligation. You expressly
represent and warrant to Claudia Accessories that You will use this
Site, and any products purchased from Claudia Accessories, in accordance
with all applicable local, state, national and international laws,
and in accordance with these Terms and Conditions of Use. You agree
to defend, indemnify, and hold harmless Claudia Accessories Inc.
, subsidiaries, and affiliates, and all of their respective employees,
agents, directors, officers, proprietors, partners, representatives,
shareholders, servants, attorneys, predecessors, successors, assigns,
agents, licensors, and third party providers to the Site from and
against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs, and expenses (including reasonable attorneys' fees
and litigation expenses), relating to or arising from (a) Your use
of the Site; or (b) any breach by You of these Terms and Conditions
of Use. You hereby waive and release Claudia Accessories from all
rights of contribution or indemnity to which You otherwise may be
entitled. Claudia Accessories reserves the right to assume, at its
sole expense, the exclusive defense and control of any matter subject
to indemnification by You, in which event You will fully cooperate
with Claudia Accessories in asserting any available defenses.
8. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE IS
ENTIRELY AT YOUR OWN RISK. CLAUDIA ACCESSORIES EXPRESSLY DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, MERCHANDISE, OR PRODUCTS INCLUDED OR DISPLAYED
ON THIS SITE OR ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE
OR THE CATALOGUE, EXCEPT AS SET FORTH BELOW. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, CLAUDIA ACCESSORIES DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE CLAUDIA ACCESSORIES WEB SITE,
THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER
DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER
OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
If, for any reason, You are not completely satisfied with any purchase,
simply return it to Claudia Accessories within 30 days of purchase
for full credit or exchange. The item must be in its original packaging.
Return shipping charges must be prepaid by You and You must insure
the shipment or accept the risk of loss or damage during shipment.
The original receipt including the RMA # must be included with any
returned purchases. The item must not have been worn or altered
in any way.
9. Colors and Pricing: Claudia Accessories makes every effort to
display as accurately as possible the colors of its products that
appear on the Site. However, as the actual colors You see will depend
on Your monitor, Claudia Accessories cannot guarantee that Your
monitor's display of any color will be accurate. While Claudia Accessories
strives to provide accurate product and pricing information, pricing
or typographical errors may occur. In the event that an item is
listed at an incorrect price or with incorrect information due to
an error in pricing or product information, Claudia Accessories
shall have the right, in its sole discretion to refuse or cancel
any orders placed for that item. In the event that an item is incorrectly
priced, Claudia Accessories may, at its discretion, either contact
You with instructions or cancel Your order and notify You of such
cancellation. Prices and availability are subject to change without
notice.
10. Acceptance: Please note that there may be certain orders that
Claudia Accessories is unable to accept and must cancel. Claudia
Accessories reserves the right, at its sole discretion, to refuse
or cancel any order for any reason. Some situations that may result
in Your order being cancelled include limitations on quantities
available for purchase, inaccuracies or error in product origin
information, or problems identified as part of credit and fraud
avoidance. Claudia Accessories also may require additional verification
or information before accepting any order. Claudia Accessories will
contact You if all or any portion of Your order is cancelled or
if additional information is required to accept Your order. If Your
order is canceled after Your credit card has been charged, Claudia
Accessories will issue a credit to Your credit card in the amount
of the charge. The receipt of an e-mail order confirmation does
not constitute the acceptance of an order or a confirmation of an
offer to sell. Claudia Accessories reserves the right, without prior
notification, to refuse service to any customer.
11. Quantity Limits and Dealer Sales: Claudia Accessories reserves
the right to limit the quantity of items purchased per person, per
household, or per order. These restrictions may be applicable to
orders placed by the same Claudia Accessories account, the same
credit card, and also to orders that use the same billing and/or
shipping address. Claudia Accessories will provide notification
to the customer e-mail and/or billing address should such limits
be applied. Claudia Accessories also reserves the right to prohibit
sales to dealers.
12. Shipment of Orders: Items ordered through Claudia Accessories
are shipped Canada Post, Federal Express or other on approval. A
street address is required for delivery. Merchandise will be delivered
standard ground transportation, which takes up to 10 business days.
You may request express delivery, which takes approximately 3 business
days, for an additional charge. Processing time for in stock items
is approximately 2 business days. Delivery times do not include
processing time. At this time Claudia Accessories only ships merchandise
to the Canada. Additional charges may be applied to merchandise
shipped to US and outside North America. Oversized and heavy items
cannot be shipped to APO/FPO addresses.
13. Sales Tax: Claudia Accessories operates in Canada. Current
law requires Claudia Accessories to collect all state taxes that
are applicable, based on the order's "ship to" address.
All applicable taxes will be clearly displayed on Your order at
order completion time. NOTE: Tax rates are subject to change at
any time.
14. LIMITATION OF LIABILITY: NEITHER CLAUDIA ACCESSORIES NOR ITS
PARENT, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS,
REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS,
SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR
INDIRECTLY FROM ANY USE OF THE SITE OR THE CATALOGUE, THE INABILITY
TO USE THIS SITE, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOGUE,
PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOGUE,
OR TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOGUE,
EVEN IF CLAUDIA ACCESSORIES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF CLAUDIA ACCESSORIES OR
ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR
ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOGUE
EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO CLAUDIA ACCESSORIES
FOR ANY SINGLE RELEVANT PRODUCT AT ISSUE OR ONE THOUSAND DOLLARS
($1,000). YOU HEREBY ACKNOWLEDGE THAT ALL OF THE PROVISIONS OF THIS
SECTION WILL APPLY TO ALL USE OF THE SITE OR THE CATALOGUE, THE
INFORMATION CONTAINED ON THE SITE OR THE CATALOGUE, PRODUCTS AVAILABLE
OR PURCHASED THROUGH THE SITE OR THE CATALOGUE, AND TRANSACTIONS
CONDUCTED AT THE SITE OR ARISING FROM THE CATALOGUE.
15. Intellectual Property Rights. All materials contained in the
Site, including without limitation all images, text, illustrations,
designs, icons, photographs, programs, and written and other materials
that are distributed with this Site and all the products available
on the Site, are the intellectual property owned, controlled or
licensed by Claudia Accessories, its affiliates or are owned by
third parties and appear in the Site with the permission of their
respective owners. Accordingly, such materials are protected by
law, including but not limited to United States copyright, patent,
trade secret, trade dress and trademark law, as well as other state,
national, and international laws and regulations. Claudia Accessories
and its affiliates and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology,
content, and other materials that appear on this Site. Except as
otherwise expressly provided in these Terms and Conditions of Use,
access by You to this Site does not confer any license under any
of Claudia Accessories’ or any third party's intellectual
property rights. The compilation (meaning the collection, arrangement
and assembly) of all content on this Site is the exclusive property
of Claudia Accessories and is also protected by Canada, United States
and International copyright law. You agree not to copy, modify,
adapt, reproduce (except as noted above), publish, translate, distribute,
transmit, display, reverse engineer, decompile, create derivative
works from, sell or participate in the sale of, dissemble or in
any way exploit any aspect of the Site. Please be aware that Claudia
Accessories actively and aggressively enforces its intellectual
property rights to the fullest extent of the law.
16. Privacy Policy. The Privacy Policy for this Site is incorporated
in these Terms and Conditions of Use by reference as if set forth
fully herein. In the event of a conflict between these Terms and
Conditions and the Privacy Policy, the provisions of the Privacy
Policy shall control.
17. Communications on Internet; Events Beyond Claudia Accessories’
Control. Use of the Internet is solely at Your own risk and is subject
to all applicable local, state, national, and international laws
and regulations. While Claudia Accessories has endeavored to create
a secure and reliable Site, Claudia Accessories and its affiliates
are not responsible for the security of information transmitted
via the Internet, the accuracy of the information contained in the
Site, or the consequences of any reliance by You on such information.
You must make Your own determination as to these matters. Claudia
Accessories cannot guarantee that You will be able to access the
Site at all times or that the Site will be secure, uninterrupted,
or error-free, nor can Claudia Accessories provide assurances that
transactions will be completed properly. Claudia Accessories is
not responsible for failure to execute a purchase or technical problems
that may hinder the efficacy of a purchase (including e-mail, transmission
times or other delays). Claudia Accessories and its affiliates shall
not be liable for damages as a result of any delay or other failure
of performance due to causes beyond their reasonable control including,
without limitation, acts of God, acts by You or by any of Your representatives
or by any third parties, acts of military or civil authorities,
fire or other casualty, strikes, lockouts, weather, epidemic, war,
riot, terrorism, telecommunications interruptions or computer viruses.
18. Security of Site. You are prohibited from violating or attempting
to violate the security of the Site, including, without limitation:
(a) accessing data not intended for Your use or logging onto a server
or an account that You are not authorized to access; (b) attempting
to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization; (c) attempting to interfere with service to any user,
host or network, including, without limitation, by submitting a
virus to the Site, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;" (d) sending unsolicited
e-mail, including promotions and/or advertising of products or services;
or (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. Actual or attempted
unauthorized use of the Site or violations of system or network
security may result in criminal and/or civil prosecution. For Your
protection, Claudia Accessories reserves the right to view, monitor,
and record activity on the Site without notice and without permission
from You. Any information obtained by monitoring, reviewing, or
recording is subject to review by law enforcement organizations
in connection with investigation or prosecution of possible criminal
activity on the Site. In addition, Claudia Accessories will comply
with all court orders involving requests for such information. You
agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of this Site or any
activity being conducted on this Site. You also agree not to use
or attempt to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Site other
than the search engine and search agents available from Claudia
Accessories on this Site or from generally available third party
web browsers.
19. Governing Law. This Site (excluding any links) is owned and
controlled by Claudia Accessories Inc. ("Claudia Accessories")
from its offices within the province of Quebec, Canada. Although
this Site can be accessed from other locations, by accessing this
Site, You agree that the statutes and laws of the province of Quebec,
without regard to conflict of laws, will apply to all matters relating
to use of this Site. In addition, any action or proceeding arising
out of or related to these Terms and Conditions of Use or Your use
of this Site may be brought only in the province of Quebec, Canada
and You agree to and consent to the exclusive personal jurisdiction
and venue of the courts in the Province of Quebec, Canada. You are
responsible for Your own compliance with local laws regarding Internet
use and access.
20. Notices. Any notices shall be given by e-mail to info@claudiaaccessories.com
(in the case of Claudia Accessories) or to the e-mail address that
You provide to Claudia Accessories or such other address as either
party shall specify. Notice shall be deemed given 24 hours after
the e-mail is sent, unless the sending party is notified that the
e-mail address is invalid. Alternatively, Claudia Accessories may
give You notice by certified mail, postage prepaid and return receipt
requested, to the address provided to Claudia Accessories during
the registration process. In addition, you may give Claudia Accessories
notice by certified mail, postage prepaid and return receipt requested,
to Claudia Accessories, 373 Place D’Youville, #408, Montreal,
Quebec, Canada, H2Y 2B7. In case of notice via certified mail, notice
shall be deemed given five (5) days after the date of mailing.
21. Construction. The section headings used herein are for convenience
of reference only and do not form a part of these Terms and Conditions
of Use, and no construction or inference shall be derived there
from. These Terms and Conditions of Use will not be construed for
or against either party based on the draftsmanship thereof. No other
provisions or changes are binding upon Claudia Accessories unless
reduced to writing and signed by an authorized Claudia Accessories
representative. If any provision of the Terms and Conditions or
any application thereof is held to be invalid or unenforceable for
any reason, that provision shall be deemed severable and the remainder
of the Terms and Conditions and the application of that provision
in other situations shall not be affected.
22. Termination. These Terms and Conditions of Use constitute an
agreement that is effective until terminated by Claudia Accessories
at any time without notice. Claudia Accessories may terminate Your
right to use this Site immediately without notice to You if, in
Claudia Accessories' sole discretion, You violate or fail to comply
with any of these Terms and Conditions of Use. In the event of termination,
You will no longer be authorized to access this Site. The restrictions
imposed upon You with respect to material copied or downloaded,
and the disclaimers and limitations of liability set forth in the
Terms and Conditions of Use, shall survive the termination of these
Terms and Conditions of Use. You may terminate these Terms and Conditions
of Use at any time, provided that You discontinue any further use
of this Site.
23. Miscellaneous: These Terms and Conditions of Use constitute
the entire agreement between You and Claudia Accessories relating
to the subject matter addressed herein. If any portion of these
Terms and Conditions of Use is adjudged invalid or unenforceable
by a court of competent jurisdiction, the remaining portions will
remain valid, enforceable, and carried into effect. The Terms and
Conditions of Use may be modified by Claudia Accessories at any
time on without prior notice, by posting such changes at the Site.
Modifications required by law or designated by Claudia Accessories
will become effective immediately. Your continued use of the Site
following notice of any such modification will be conclusively deemed
Your unconditional acceptance of the revised Terms and Conditions
of Use. If any such revision is unacceptable to You, You should
discontinue use of the Site immediately. A printed version of these
Terms and Conditions of Use and of any notice given in electronic
form will be admissible in judicial or administrative proceedings
based on or relating to these Terms and Conditions of Use to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. The failure of Claudia Accessories to act with respect to
a breach of this Agreement by You or others does not constitute
a waiver and shall not limit Claudia Accessories' rights with respect
to such breach or any subsequent breaches.
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