Condition of Sales
This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Products”) from Brand New Bag Inc., when a purchase is made through the Canadian website www.nella-bella.com (Brand New Bag Inc. shall be referred to hereafter as “Nella Bella”). Nella Bella reserves the right to change the present terms and conditions without prior written notice at any time, at Nella Bella’s sole discretion.
The terms “you” and “your” refer to the purchaser of Products using the www.nella-bella.com website.
By using this website to make on-line purchases of products, you agree to be bound by and accept the terms and conditions set forth in this Agreement, and you represent that you are of legal age to enter into this Agreement and become bound by its terms. This Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Except as expressly provided for in this Agreement, Nella Bella does not make or give any representation or warranty with respect to the Products you may purchase from this website.
1. CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and Nella Bella over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by Nella Bella as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
3. ORDER REVIEW
Before submitting an order for the purchase of Products using this website, you will be shown an order review screen (“Review Order” button) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order, such order will constitute an offer from you to Nella Bella to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on Nella Bella until accepted by Nella Bella. Nella Bella’s acceptance of your order is evidenced by return e-mail from Nella Bella indicating that your order has been accepted.
Nella Bella reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, Nella Bella will issue a full refund.
All prices quoted are payable in Canadian Dollars. Although Nella Bella strives to provide accurate product and pricing information, errors may occur. Nella Bella reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Nella Bella cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the www.nella-bella.com website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Nella Bella may, at its sole discretion, refuse or cancel your order, whether before or after Nella Bella’s acceptance thereof. If there is such an error in pricing, Nella Bella will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
6. PAYMENT TERMS
Terms of payment shall be determined at Nella Bella’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Nella Bella. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
7. PRODUCT AVAILABILITY
The availability of certain Products may be limited, and Products may not be available for immediate delivery. Nella Bella may revise or cease to make available any Products at any time without prior notice. In the event that Nella Bella is unable to deliver to you a Product ordered due to lack of availability, Nella Bella will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Nella Bella may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
8. SHIPPING; TAXES
Nella Bella will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Nella Bella WILL ONLY SHIP PRODUCTS TO ADDRESSES LOCATED IN CANADA FOR PURCHASES MADE ON THE ONLINE STORE. Delivery times provided by Nella Bella are estimates only. Nella Bella shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and, when applicable, federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Order.
9. OWNERSHIP; RISK OF LOSS
All Product(s) purchased from Nella Bella are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by Nella Bella of the Product(s) to the third party delivery company.
10. RETURNS & EXCHANGE
All Product returns are subject to Nella Bella’s Return & Exchange Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
Except as expressly provided for in this Agreement, Nella Bella does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, 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.
In no event will Nella Bella be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by Nella Bella or otherwise related to this Agreement or the transactions conducted on or from the www.nella-bella.com website, even if Nella Bella or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will Nella 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 you for the specific products ordered under this agreement and to which the claim relates. In no event will Nella Bella be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, Nella Bella’s contractors, the Internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of Nella Bella.
Certain federal or provincial laws, as applicable, may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
For the purposes of this Section, “Nella Bella” shall include Nella Bella’s affiliates and Nella Bella’s and its affiliates’ respective directors, officers, employees, agents, mandataries and contractors.
This Section shall survive the termination or expiry of this Agreement.
12. GOVERNING LAW AND JURISDICTION
This website and its server are physically located within the Province of Ontario, Canada. This Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13. EXPORT LAWS
Products sold or delivered under this Agreement shall be subject to the export control laws and regulations of Canada, when a Product has been purchased through the online store. You agree to comply at all times with all such laws and regulations. You will defend and hold Nella Bella harmless against all claims, damages or liability resulting from breach of the foregoing.
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
15. NO ASSIGNMENT
You may not assign your rights or obligations under this Agreement without the express written consent of Nella Bella.
16. SUCCESSORS AND ASSIGNS
This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement 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.
18. ENTIRE AGREEMENT
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Nella Bella relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and 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 Nella Bella making such amendments or modifications available to it pursuant to this Agreement.
19. NO WAIVER
The failure of Nella Bella to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of Nella Bella to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
20. ENGLISH LANGUAGE
You expressly agree that this Agreement and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que cette entente et tous les documents y afférents soient rédigées en anglais seulement.
Conditions of Use
CONDITIONS OF USE POLICY
This Conditions of Use Policy govern your access to, use of and purchase of products from www.nella-bella.com (the "Website"). By using the Website, you agree to comply with and be bound by this Conditions of Use Policy. If you do not agree with the Conditions of Use Policy, please do not use the Website.
www.nella-bella.com is the property of Brand New Bag Inc., a Canadian company having an address at 222-401 Richmond Street West, Toronto, Ontario, Canada, M5V 3A8. The online store is operated by Brand New Bag Inc. (hereafter referred to as "Nella Bella").
OTHER SITE POLICIES
PURCHASE FOR PERSONAL USE ONLY
You may purchase products on the Website for personal use only and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept Nella Bella's Conditions of Sale Policy. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WHATSOEVER WITHOUT EXPLANATION.
LICENSE AND SITE ACCESS
The viewing, printing or downloading of any graphic, form, document or other content from the Website grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the Website and its content terminates the license granted by Nella Bella.
You will be solely responsible for all damages and other harm resulting from your use of the Website and its content. Nella Bella shall not be deemed liable for any use of the Website and its content made by you in violation of any applicable laws and regulations and this Conditions of Use Policy.
You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, the "Material") you submit to Nella Bella is legal and does not violate any right of any third party, including privacy and intellectual property rights.
By disclosing, submitting or offering any Material to Nella Bella, you grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media.
You are and shall remain solely responsible for any Material you disclose, submit or offer to Nella Bella.
All content included on the Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of Nella Bella or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of or its content suppliers, as the case may be.
Nella Bella and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Nella Bella and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Website and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Nella Bella or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Nella Bella immediately.
Nella Bella’s copyright agent for notice of claims of copyright infringement can be reached at firstname.lastname@example.org.
Nella Bella is a registered trademark in Canada. All rights are reserved. These and any other trademark, service mark and trade dress of Nella Bella, including, but not limited to, any mark that incorporates the word " Nella Bella " or the domain name " Nella Bella.com", may not be used by you in any manner for any purpose without the prior express written consent of Nella Bella.
All other trademarks, service marks and trade dress not owned by Nella Bella that appear on the Website are the property of the respective owners (the "Third Party Owners"), who may or may not be affiliated with, connected to, or sponsored by Nella Bella.
Nella Bella and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.
You are not authorized to use any of the trademarks, service marks and trade dress that appear on the Website in any manner for any purpose without the prior express written consent of Nella Bella or the respective Third Party Owner, as the case may be.
LINKS TO THIRD PARTY WEB SITES
The Website may provide hyperlinks to third party websites (the "Third Party Websites"). Nella Bella does not operate, control, endorse or guarantee any Third Party Websites. You agree that Nella Bella is not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on Website, please carefully read the conditions of use policy and other policies of such Third Party Website. Our Conditions of Use Policy and other policies do not apply to any Third Party Website.
Nella Bella provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, Nella Bella does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY NELLA BELLA , EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS NELLA BELLA LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
LINKS TO THE WEBSITE
Please contact us by e-mail at email@example.com if you are interested in linking a web site to the Website. You must obtain our express written consent prior to linking any website to the Website .
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY NELLA BELLA ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NELLA BELLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, NELLA BELLA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NELLA BELLA DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM THE WEBSITE OR NELLA BELLA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NELLA BELLA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE WEBSITE. YOU UNDERSTAND THAT THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF NELLA BELLA. NELLA BELLA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN PROVINCIAL, STATE AND FEDERAL LAWS, AS THE CASE MAY BE, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold Nella Bella harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from or related to your use of the Website and/or your breach of this Conditions of Use Policy.
Nella Bella reserves the right in its sole discretion to make changes to this Conditions of Use Policy at any time and without specific notice to you. By using the Website after any such change, you agree to comply with and be bound by the Conditions of Use Policy as changed. If you do not agree to this Conditions of Use Policy as it may be changed from time to time, please do not use the Website. You should access this page periodically to review the most recent version of the Conditions of Use Policy. Nella Bella reserves the right in its sole discretion to edit, delete or otherwise modify any documents, information or other content appearing on the Website.
If any provision of this Conditions of Use Policy is determined to be invalid, illegal or unenforceable, the remaining provisions of this Conditions of Use Policy remain in full force to the extent permitted by law.
APPLICABLE LAW; JURISDICTION
Except otherwise expressly provided, the laws of the Province of Ontario (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Conditions of Use Policy and the other Site Policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with this Conditions of Use Policy and the other Site Policies shall be brought solely in the City of Toronto, Province of Ontario.
The headings contained in this Conditions of Use Policy are for convenience of reference only and are not intended to have any substantive significance in the construction or interpretation of this Conditions of Use Policy.
If you have any question regarding this Conditions of Use Policy, please contact Nella Bella at firstname.lastname@example.org If you need any other assistance, please visit our Contact Us area.