TERMS & CONDITIONS
Michelle Vella is required by law to charge GST for orders shipped to Canadian provinces outside of Ontario and HST within Ontario, Canada. Michelle Vella conducts business in the province of Ontario.
CREDIT CARD CHARGES
Your credit card will be charged before your order is shipped.
Welcome to the MichelleVella.com web site (the "Site"). Our services and products presented in the Site are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.
LICENSE AND SITE ACCESS
We grant you a limited, revocable license to access and make personal use of the Site as our customer. However, you are not permitted to:
* reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Site Content") for any commercial purpose, except as provided under our Affiliate Program;
* use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content (except in the operation or use of internet "search engines", hit counters or similar technology);
* use any meta tags, search terms, key terms, or the like that contain the Site's name or trademarks used on the Site;
* engage in any activity that interferes with the Site or another user's ability to use the Site;
Any use of the Site or the Site Contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
If you use the Site, 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. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
All content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Michelle Vella or its content suppliers and is protected by Canada and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of MichelleVella.com is used with permission. The arrangement and compilation of all content on the Site are the exclusive property of Michelle Vella and are protected by Canada and international copyright laws. All software used on the Site is the property of Michelle Vella or its software suppliers and is protected by Canada and international copyright laws.
Certain marks used on the Site are trademarks or service marks of Michelle Vella and Realstudio or our affiliated companies. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Michelle Vella and Realstudio or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes by any party other than Michelle Vella and Realstudio or our affiliated companies without our prior written consent. All other trademarks and service marks not owned by Michelle Vella and Realstudio or our affiliated companies that appear on the Site are the property of their respective owners, and may or may not be used without their prior written consent.
USE OF MESSAGE SERVICES
You agree not to use the Site to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the Site, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the Site and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the Site. By submitting content to the Site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.
REVIEWS, COMMENTS, AND QUESTIONS
Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to email@example.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
Notwithstanding the product prices shown on the Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the Site may be mis-priced as a result of price changes that are implemented at or about the time of your visit to the Site. If an item's correct price is higher than our stated price, your sole recourse is cancellation of your order.
RISK OF LOSS
All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
We attempt to describe the products offered on the Site as accurately as possible. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE WARRANT THAT THE PRODUCTS PROVIDED ON THE SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS, AT OUR SOLE DISCRETION, RETURN FOR REFUND OR A CONFORMING REPLACEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS 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.
MODIFICATION AND SEVERABILITY