TERMS OF USE

Last updated: September 19, 2019

Welcome to www.Ballucci.com (the "Ballucci website", or “Ballucci.com”). Ballucci Design (“Ballucci”), provides website features and other services to you when you visit or shop at the Ballucci website, use Ballucci.com services, or use software provided by Ballucci in connection with Ballucci.com (collectively, "Ballucci.com Services"). Ballucci.com provides the Ballucci.com Services subject to the following conditions. Your use of this website is governed by these conditions of use. Please read them carefully. Your use of Ballucci.com Services constitutes your agreement to follow these rules and to be bound by them.

Ballucci reserves the right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions each time you use this website.

PRIVACY

Please review this Privacy Policy, which also governs your use of the Ballucci.com Services, to understand Ballucci's practices.

ELECTRONIC COMMUNICATIONS

When you use Ballucci.com Services or send an email to Ballucci, you are communicating with Ballucci electronically and therefore consent to receiving communications from Ballucci electronically. Ballucci will communicate with you by email or by posting notices on the Ballucci website, or through other Ballucci.com Services. You agree that all agreements, notices, disclosures, and other communications that Ballucci provides to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through Ballucci.com Services—such as text, design, graphics, logos, photographs and images, button icons, audio clips and digital downloads—is the property of Ballucci.com or its content suppliers, and is protected by USA and international copyright laws. The compilation of all content included in or made available through any Ballucci.com Service is the exclusive property of Ballucci.com and protected by USA and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Ballucci.com Services are trademarks or trade dress of Ballucci, in United State and other countries. Ballucci’s trademarks and trade dress may not be used in connection with any product or service that is not Ballucci's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ballucci. All other trademarks not owned by Ballucci that appear in the Ballucci.com Services are the property of their respective owners, who may or may not be connected to, or sponsored by Ballucci.

LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Ballucci.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Ballucci.com Services. This license does not include any resale or commercial use of Ballucci.com Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Ballucci.com Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Ballucci or its licensors, suppliers, publishers, rightsholders, or other content providers. Ballucci.com Services, or any part of Ballucci.com Services, may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Ballucci.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ballucci.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ballucci's name or trademarks without the express written consent of Ballucci. You may not misuse Ballucci.com Services. You may use Ballucci.com Services only as permitted by law. The licenses granted by Ballucci will terminate if you do not comply with these Conditions of Use.

YOUR ACCOUNT

If you use Ballucci.com Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province of residence, you may use the Ballucci.com Services only with involvement of a parent or guardian. Ballucci.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

COMMUNICATIONS AND OTHER CONTENT

Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

If you do submit material, and unless Ballucci indicates otherwise, you grant Ballucci a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Ballucci the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ballucci for all claims resulting from content you supply.

RISK OF LOSS

Risk of loss and title for items purchased from Ballucci.com pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, EXCHANGES AND TITLE

Ballucci does not take title to returned items until the item arrives at Ballucci's Distribution Centre. At Ballucci's discretion, a refund may be issued without requiring a return. In this situation, Ballucci.com does not take title to the refunded item. For more information about returns and refunds, please see Ballucci's Returns & Exchanges Policy.

PRODUCT AVAILABILITY

Ballucci reserves the right without prior notice to discontinue or change specifications on products and services offered on this website without incurring any obligations.

PRODUCT DESCRIPTIONS

Ballucci.com attempts to be as accurate as possible. However, Ballucci does not warrant that product descriptions or other content of Ballucci.com Services is accurate, complete, reliable, current, or error-free. If a product offered by Ballucci.com itself is not as described, your sole remedy is to return it in an unused condition.

PRODUCT COLOURS

Ballucci.com does its best to display product colors shown on this website as accurately as possible. However, because the colors you see depend on your monitor, Ballucci.com cannot guarantee that your monitor’s display of any color is accurate. Ballucci will not be held responsible for any discrepancies between the color displayed for any given product on Ballucci.com and the actual perceived color for this product itself.

PRODUCT PRICING

All prices shown on this site are quoted in USA dollars and are valid and effective in United State only. Ballucci reserves the right to modify retail prices at any time and without prior notice. All prices indicated exclude taxes, delivery and assembly.

With respect to items sold by Ballucci.com, Ballucci cannot confirm the price of an item until you order. Despite Ballucci’s best efforts, a small number of the items in the Ballucci.com catalog may be mispriced. If an item's correct price is higher than the Ballucci.com stated price, Ballucci will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WA'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

BALLUCCI'S WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BALLUCCI.COM ARE PROVIDED BY BALLUCCI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BALLUCCI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BALLUCCI.COM WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BALLUCCI.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BALLUCCI.COM WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BALLUCCI DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. BALLUCCI DOES NOT WARRANT THAT THE BALLUCCI.COM WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BALLUCCI WEBSITE; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM BALLUCCI.COM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BALLUCCI.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF BALLUCCI.COM SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BALLUCCI.COM SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

APPLICABLE LAW AND DISPUTES

(Not applicable to WA consumers) Any dispute or claim relating in any way to your use of Ballucci.com Services, or to any products or services sold or distributed by Ballucci or through Ballucci.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

Ballucci and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Ballucci and you each waive any right to a jury trial. Ballucci and you also both agree that you or Ballucci may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Ballucci reserves the right to make changes to the Ballucci website, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.