TERMS OF SERVICE
OVERVIEW
This website is operated by Graca Enterprises LLC, trading as Bella Toronto. Throughout the site, the terms “we”, “us” and “our” refer to Bella Toronto and/or Graca Enterprises LLC, as applicable. Bella Toronto offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or territory of residence, or that you are the age of majority in your province or territory of residence and have given us your consent to allow any of your minor dependants to use this site.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws in your jurisdiction, including but not limited to copyright and intellectual property laws.
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of these Terms may result in an immediate termination of your Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any lawful reason at any time.
You understand that your content, not including credit card information, may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current, except where otherwise required by applicable law.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on material provided on this site is at your own risk, subject to any rights or protections that cannot be excluded under applicable Canadian law.
This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only.
We reserve the right to modify the contents of this site at any time, subject to applicable law, but we have no obligation to update information unless required by law.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice, subject to applicable law.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice where permitted by law.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where such liability cannot lawfully be excluded.
SECTION 5 — PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website.
These products or Services may have limited quantities and are subject to return, refund or exchange only in accordance with our Refund Policy and any applicable consumer protection laws.
We have made every reasonable effort to display as accurately as possible the colours and images of our products that appear in the store. However, we cannot guarantee that your device's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction where permitted by law. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services that we offer.
All descriptions of products and product pricing are subject to change at any time without notice, at our discretion and subject to applicable law.
We reserve the right to discontinue any product at any time.
Any offer for any product or Service made on this site is void where prohibited.
Except as required by applicable law, we do not warrant that the quality of any products, Services, information or other material purchased or obtained by you will meet your expectations, or that all errors in the Service will be corrected.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, subject to applicable law.
We may, in our discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, using the same credit card and/or using the same billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you when necessary.
For more details, please review our Refund Policy.
SECTION 7 — OPTIONAL TOOLS
We may provide you with access to third-party tools over which we do not monitor and have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement, except where otherwise required by applicable law.
We shall have no liability arising from or relating to your use of optional third-party tools to the maximum extent permitted by law.
Your use of any optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms under which the relevant third-party provider supplies those tools.
We may also offer new Services and/or features through the website in the future, including new tools and resources. Such new features and/or Services will also be subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with Bella Toronto or Graca Enterprises LLC.
We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant or assume responsibility for third-party materials, websites, products or Services, except where required by applicable law.
We are not liable for harm or damages related to the purchase or use of goods, Services, resources, content or other transactions made in connection with third-party websites to the maximum extent permitted by law.
Please carefully review the third party's policies and practices before entering into any transaction.
Complaints, claims, concerns or questions regarding third-party products should generally be directed to the relevant third party.
SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions, such as contest entries, or if you send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, postal mail or otherwise, collectively referred to as “comments”, you agree that we may, subject to applicable law, edit, copy, publish, distribute, translate and otherwise use those comments in any medium.
Unless otherwise required by applicable law or expressly agreed by us, we are under no obligation:
- to maintain comments in confidence;
- to pay compensation for comments; or
- to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our discretion, to be unlawful, offensive, threatening, defamatory, obscene, objectionable or in violation of intellectual property rights or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You further agree that your comments will not contain unlawful, abusive, defamatory or obscene material, or any computer virus or other malware that could affect the operation of the Service, related websites or systems.
You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties regarding the origin of any comments.
You are responsible for comments you make and their accuracy.
SECTION 10 — PERSONAL INFORMATION
Your submission and our processing of personal information through the store are governed by our Privacy Policy and applicable privacy laws.
Please review our Privacy Policy for more information about how Bella Toronto and Graca Enterprises LLC collect, use, disclose and protect personal information.
SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability.
Subject to applicable consumer protection laws, we reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on a related website is inaccurate, including after an order has been submitted.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except where required by law.
No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information has been modified or updated.
SECTION 12 — PROHIBITED USES
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate applicable international, federal, provincial, territorial or local laws, regulations, rules or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, intimidate or unlawfully discriminate against another person;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or other malicious code;
(h) to improperly collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape the site contrary to applicable law or our authorization;
(j) for any obscene or unlawful purpose; or
(k) to interfere with or circumvent security features of the Service, related websites, other websites or the Internet.
We reserve the right to terminate or restrict your use of the Service or related websites for violation of these prohibited uses, subject to applicable law.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will always be uninterrupted, timely, secure or error-free.
We do not warrant that all results obtained through use of the Service will always be accurate or reliable.
We may, from time to time, remove the Service for periods of time or cancel the Service, subject to applicable law.
To the maximum extent permitted by law, you agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and Services delivered to you through the Service are, except as expressly stated by us or required by applicable law, provided “as is” and “as available”, without representations, warranties or conditions of any kind, express or implied.
Nothing in these Terms is intended to exclude, restrict or waive any warranty, condition, right or remedy that cannot legally be excluded under applicable Canadian consumer protection legislation.
To the maximum extent permitted by applicable law, Bella Toronto, Graca Enterprises LLC, and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for indirect, incidental, punitive, special or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages arising from your use of the Service or products obtained through the Service.
Where a jurisdiction does not permit certain exclusions or limitations of liability, our liability will be limited only to the maximum extent permitted by applicable law.
SECTION 14 — INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Bella Toronto, Graca Enterprises LLC, and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from claims or demands, including reasonable legal fees, made by a third party arising from your material breach of these Terms of Service, violation of applicable law or infringement of the rights of a third party.
SECTION 15 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion will be deemed severed from these Terms of Service, and such determination will not affect the validity or enforceability of any remaining provisions.
SECTION 16 — TERMINATION
The obligations and liabilities of the parties incurred before the termination date will survive termination of this agreement where appropriate.
These Terms of Service remain effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If, in our reasonable judgment, you fail or we reasonably suspect that you have failed to comply with any material term or provision of these Terms of Service, we may terminate or restrict your access to the Services, subject to applicable law.
Any amounts lawfully due before termination will remain payable.
SECTION 17 — ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or relating to the Service, constitute the agreement and understanding between you and us regarding your use of the Service, subject to any rights that cannot be excluded under applicable law.
They supersede prior or contemporaneous agreements, communications and proposals relating to the Service, whether oral or written, including prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms will not automatically be construed against the drafting party.
SECTION 18 — GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you with Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without limiting any mandatory consumer protection rights that may apply to you based on your place of residence.
SECTION 19 — CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our discretion and subject to applicable law, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 20 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Bella Toronto
Operated by: Graca Enterprises LLC
Email: info@bella-toronto.ca