PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE BANDINO WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Welcome to mybandino.com (the “Website”) owned by Bandino. The use of this Website is subject to the following terms and conditions of use and sale (« Terms ») and all applicable laws. Please read these Terms carefully as they apply to all visitors and users of the Website. By accessing and using the Website, you agree to be bound by these Terms. If you do not agree with any or all of the Terms, please do not access or use this Website.
Please note that your use of this Website constitutes your unconditional agreement to follow and be bound by these Terms. This Website is intended for use by adults only. By using this Website, you represent that you are of legal age to enter into any purchase agreement through this Website and will be bound by its Terms. If you are under the age of majority in the jurisdiction in which you reside and or access this Website, your parent of guardian should use this Website on your behalf, and you should not use the Website on your own or provide any personal information to Bandino.
Bandino reserves the right to change, modify, alter or otherwise update the Terms applicable to this Website without any prior written notice at any time and in its sole and absolute discretion. Your continued use of this Website following any such change will constitute your acceptance of the new Terms and policies, as modified therein.
Bandino’s products and services available through this Website (« Products ») may be ordered by individuals who reside within Canada and the US. This Website is not intended for access or use outside North America. You are responsible to ensure that your access to this Website and the material and information available on or through it are legal in the jurisdiction in which you access or view the Website.
COPYRIGHTS AND TRADEMARKS
“BANDINO”, “MYBANDINO” and the “BANDINO & Design” and any other trademarks, trade names, logos, slogans and images (“Marks”) are trademarks of Bandino in Canada and other countries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bandino. Material on this Website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or provided by Bandino.
Nothing in this Website shall be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act or Trademarks Act of Canada or the appropriate jurisdiction.
You may view the Website and print or save one copy of any portion of the Website for personal, non-commercial use provided that you do not modify the Website or any copyright or other proprietary notices on any Content. Except for the limited rights granted above, all other rights are reserved.
The Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, « Materials ») are protected by copyright laws. All Materials are provided through this Website as a service to its current and prospective visitors and may be used only for personal, informational, and product ordering purposes. No right, title or interest in our Materials is conveyed to you. This is a limited license, without any transfer of any title, subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; you may not access or use this Website for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us, as applicable.
To be able to buy Products you must provide a delivery address in Canada or the USA. Certain addresses will be ineligible for Product purchases and deliveries including PO Box addresses and freight forwarders. You will be required to provide your name and address, phone number, email address, payment details and other required information. You are required to be the holder of a valid credit card or have a valid PayPal account. You must be at least 18 years of age to purchase Product and agree not to use our Website in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment. You may not misrepresent your identity as a user. When placing your order please ensure that the Products you purchase are compatible for the intended use. Please use the information provided as reference when checking compatibility, however, we make no representation or warranty as to the appropriateness or compatibility of any Product with any particular use.
PRODUCT INFORMATION AND AVAILABILITY
Bandino attempts to be accurate in describing all Products available for sale, however, Bandino does not warrant that Product descriptions or other content of this Website are accurate, complete, reliable, current or error-free as they are updated regularly and change from time to time. Bandino is not responsible for typographical errors, inaccuracies or omissions that relate to Product descriptions, pricing and/or availability, or any other matter indicated. We have made every effort to display as accurately as possible the colours of our Products that appear on the Website, however the actual colour you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colours.
The availability of certain Products may be limited and/or not be available for immediate delivery. Bandino may cease to make Product(s) available at any time without prior notice in its sole discretion. In the event that Bandino is unable to deliver a Product ordered, we will notify you via email and your order (the “Order”) will be either automatically cancelled if the Product is unavailable or contact you to allow you to maintain your Order subject to a revised delivery time if and when the Product becomes available. All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice.
By clicking on the icon confirming your purchase at the end of the check out process, you agree to pay Bandino the amount shown (the “Purchase Price”). The Product Purchase Price is quoted in Canadian or US dollars (depending on your location) plus additional shipping and handling fees and an estimate of all applicable taxes. Your selected method of payment will be charged for purchase price plus shipping charges and applicable taxes. In the event that a Product is listed at an incorrect price due to an error in pricing, Bandino has the right, at our sole discretion, to reject or cancel any orders placed for that Product and will notify you of such cancellation. Note that Products in your Shopping Cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your Shopping Bag. We reserve the right to limit the order quantity or refuse service to any customer.
You agree that your submission of an order on our Website is an offer to buy the Products listed in your order under these Terms. As previously mentioned, this Website and its contents are not to be construed as an offer to sell any product or service. Orders are not binding on Bandino until accepted by Bandino. Bandino’s acceptance of your Order will be evidenced by return email from Bandino to your email address indicating that your Order has been accepted. We will not ship the Product to you until your card issuer has authorized the use of your card for payment of the ordered Products.We retain full legal title to Products until we have received all amounts due on the ordered Products.
In the event that the price or related information of a Product as described on the Website is incorrect due to an error in pricing or product information, Bandino may, at its sole discretion, refuse or cancel the Order, whether before or after Bandino’s acceptance thereof and reverse any charges that have been applied and contact you to request that you place a new Order for the Product at the correct price.
CONSENT RE ELECTRONIC DOCUMENTS
By using this Website, you consent to the exchange of information and documents between you and Bandino over the Internet or by email and any communication in electronic form shall be the equivalent of an original written paper agreement between you and Bandino. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirements that such communications be in writing.
Bandino reserves the right, in its sole discretion, to limit quantities sold, terminate user accounts and to refuse or cancel any Order even if the Order has already been submitted, whether or not the Order has been confirmed or accepted and whether or not your credit card or pay account has been charged. In the event that your Order is cancelled after your payment has been processed, Bandino will issue a full refund to you.
SHIPPING RISK OF LOSS AND TAXES
Bandino will ship Product(s) ordered by you according to the delivery method you have selected and to the address indicated in the Order Confirmation. Delivery times provided by the Bandino are only estimates and Bandino shall not be responsible for any damages or costs resulting from any delays in delivery of the Product(s) Ordered.
Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial or other sales or any other taxes or dues. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes and duties associated with the order which may be charged in their jurisdiction.
All Product(s) purchased from Bandino are delivered via third party delivery companies, pursuant to a shipping contract. You shall become the owner of the Product(s) and assume the risks of loss from the time of delivery by Bandino of the Product(s) to the third-party delivery company.If we are unable to deliver the Product ordered after our delivery service has notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the items remain undelivered and are returned to us undelivered, you agree that we shall assume that you have exercised your right to cancel the contract and, upon our receiving the returned Product we will refund you less the handling and shipping fee and reasonable additional costs incurred by Bandino.
We will accept the return of unwashed, unworn defective merchandise with original tags and including all accessories (if any), user manuals and any free gifts that came in the same package purchased from the Website provided that you follow our return instructions. Using the original receipt you may return Product(s) for a full refund, in the original form of payment, within 30 days of the date your order was shipped. Any shipping fees on the original order are final and will not be refunded.
Return instructions: Contact us directly via email at email@example.com to request a return, indicating the reason for the return and the date of purchase. The package containing the Product must be postmarked within 30 days of the date your order was shipped.
If you fail to comply with the terms and conditions relating to returning a Product, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred.
The Website may only be used for lawful purposes and is only available to you for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website, and accessing product information for your personal review.
You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Website. Bandino specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following purposes:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a civil or criminal offense, giving rise to civil or criminal liability or otherwise violate any city, provincial, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted, trademarked or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Attempting to interfere in any way with the Website’s or Bandino’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
- Violating or attempting to violate the security of the Website, including but not limited to:
- Accessing data not intended for you or logging on to a Bandino server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Website, our providing services to any other visitors to the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, « flooding », « mail bombing » or « crashing » the Website;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to the Website.
Bandino is not responsible for any text, image, video, audio, or any information, content or other materials that may be introduced into or posted through this Website or any other Bandino social networking sites such as Facebook, Instagram, Twitter or YouTube (collectively, the « Material« ).
By using Bandino social media sites, you agree never to knowingly or otherwise introduce or post or provide Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, violates any other party’s proprietary rights, promotes hatred or otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or is otherwise unlawful or in contravention of applicable laws and regulations.
You agree to defend and hold Bandino harmless against all claims, damages, liability, losses or expenses resulting from or related to your or the Material. Bandino reserves the right to edit, alter or delete any Material at any time without prior notice in its sole discretion.
All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
USE OF MATERIAL AND CONFIDENTIALITY
You acknowledge and agree that unprotected email communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that your Material and Bandino’s use of such Material as permitted in these Terms, does not infringe on your rights or the rights of any other person or entity.
If you’re having second thoughts and want to return Product ordered, don’t worry; you have 30 days from the delivery date to return it. However, gift cards and all clearance items are final sale.
DISCLAIMER OF WARRANTIES
BANDINO MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT IT’S USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. BANDINO DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE MAY OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THIS WEBSITE AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN « AS IS », « WITH ALL FAULTS » BASIS AND BANDINO DOES NOT MAKE OR MAKE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION HEREIN; OR (iii) THE 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.
LIMITATION OF LIABILITY
BANDINO WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, LINKS WITH OTHER WEBSITES OR SOCIAL MEDIA, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM ANY BANDINO WEBSITE OR SOCIAL MEDIA, EVEN IF BANDINO OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IF, NOTWITHSTANDING THE LIMITATIONS NOTED HEREIN, BANDINO IS FOUND TO BE LIABLE FOR ANY DAMAGE(S) OR LOSS IN CONNECTION WITH THIS WEBSITE, IN NO CASE SHALL BANDINO’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 THE USER OR PURCHASER FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE.
These Terms and conditions herein shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and assigns.
This Website is controlled, owned and operated by Bandino located in Montreal, Quebec, Canada and these Terms, any use of this Website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
The user of this Website or Purchaser of Product(s) on the Website acknowledges and agrees that any dispute that may arise with Bandino in respect of these Terms and conditions and the transactions contemplated herein shall be resolved by the Provincial and Federal Courts and Tribunals sitting in Montreal, Quebec and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these Courts.
If any one of these Terms or conditions shall be deemed invalid, void, or for any reason unenforceable, then such Term or condition shall be deemed severable from the remaining Terms and conditions and shall not affect the validity and enforceability of any remaining Terms and conditions.
Bandino makes no representation that materials, information or Products provided on or through this Website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Bandino may use « cookies » to track your preferences and activities on the Bandino Website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the website more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website.
Please see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. Without cookies, some of the website’s functions may however not be available, and the user will lose some of the benefits of the website.
Bandino’s failure to enforce any provision(s) of these Terms or conditions or to respond to a breach by you or any third party of these Terms or conditions shall not in any way waive the right of Bandino to subsequently enforce any of the Terms and conditions contained herein or to act with respect to other similar or future breaches.
The Terms and conditions, together with all other agreements, Terms or conditions incorporated or referred to herein constitute the entire agreement between you and Bandino with respect to the use of this Website and any transaction conducted on or from this Website and its contents, 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 Bandino making such amendments or modifications available to it pursuant to the Terms and conditions hereof.
You may not assign your rights or obligations herein without the express written consent of Bandino.
Bandino reserves the right, to terminate your access to all or any part of this Website, with or without notice in its sole discretion.
The headings used herein are inserted for purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms and conditions herein.
These terms and any supporting or ancillary documents are drafted in English and a French version of these Terms is also available.