Terms of Use
Use of this Website
This website is owned and operated by By Mariu Designs (the “Site Owner”) and is intended for your personal use and information provided you are a resident of Canada. Your use of this website is subject to the following terms and conditions (the “Terms”) and all applicable laws. By accessing and browsing this website, you accept these Terms without limitation or qualification. If you do not agree with these Terms, whether in whole or in part, do not use this website. You are responsible for ensuring that your access to this website and the material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
Accuracy of Information
The information, material, product specifications and prices on this website are subject to change at any time without notice. The Site Owner does not represent or warrant that information, material, product specifications or prices on this website is up-to-date, accurate, error-free or complete. The Site Owner does make all reasonable efforts to accurately display product specifications, including the product colours; however, the actual colour visible by you on your computer monitor will depend on your computer system. The Site Owner cannot guarantee that your computer system will accurately display such colours. The inclusion of any products on this website at a particular time does not imply or warrant that these products will be available at any time.
Copyrights and Trade-marks
Material on this website, including but not limited to texts, images, illustrations, software, HTML code, audio clips, and video clips, is owned or otherwise provided by the Site Owner who does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by all applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, video or executable files, without the prior written consent of the Site Owner. Trademarks, logos, and service marks (collectively, “Marks”) displayed on this website, including but not limited to By Mariu Designs are registered or unregistered Marks of the Site Owner or others and the property of their respective owners, and may not be used without written permission from the owners of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Information Transmitted
You acknowledge that information or material that you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable laws, such as personal information, which is subject to the website’s Privacy Policy. You further acknowledge that any unprotected e-mail communication via the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material that you provide electronically to the Site Owner by accessing or using this website does not infringe the rights of any other person or entity, that, subject to the website’s Privacy Policy, the Site Owner may use that information or material, in whole or in part by any means whatsoever, including reproduction, retransmission or publication of the said information or material, or ideas, concepts or other information contained therewith, for the commercial purposes of the Site Owner or the disclosure of your identity. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the Site Owner or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information.
Username and Password
Certain of the services and related features made available on this website may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for:
1. Maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on this website, and
2. All activities that occur under such password or account. Further, you agree to notify the Site Owner of any unauthorized use of your password or account. The Site Owner reserves the right to cancel or suspend your account registration or subscription at its discretion without any notice or liability to you. The Site Owner and its affiliates, as well as their respective directors, officers, and employees, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind arising out of, or in connection with, your failure to comply with this provision.
Orders and Shipping
Products displayed on this website may be unavailable, may have different specifications than those displayed on the website, or may be available at a price that is different than the price displayed on the website. The Site Owner reserves the right, without prior notice, to limit the order quantity on any product or to refuse to sell a product to any customer, regardless of whether the customer received an email order or shipping confirmation, for any reason whatsoever.
The Site Owner may require verification of information prior to the acceptance of any order.
Pricing errors may occur on the www.bymariudesigns.com website. By Mariu Designs reserves the right to cancel any order and all orders containing pricing errors with no further obligations inclusive of online order confirmations and shipping notifications from www.bymariudesigns.com.
The Site Owner accepts MasterCard, Visa, Visa Debit and PayPal for payment of purchases made through the website. The cardholder or account holder must be the person who places the order. The Site Owner does not retain your credit card information following completion of your order by the financial institution issuing the credit card. The Site Owner does retain the authorization number for the transaction in case you wish to return the purchase for a credit. The total price of your order will be charged to your credit card or PayPal account when the Site Owner’s shipping notice email has been sent to your email address.
Advertisements on the website are invitations to you to make offers to purchase products and services on the website and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only once it has left the manufacturer.
Products purchased on this website are final and not allowed to be returned.
The Site Owner uses Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted. SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address.
Coupon Policy
The item(s) being purchased must conform to the product details on the coupon. The expiry must be valid. Coupons have no cash value. All coupon redemptions are subject to the policy in effect at the time of redemption. Changes may be made to the coupon policy at any time and without notice.
Monitoring
The Site Owner may monitor the access to this website and other activities in relation thereto. The Site Owner may intervene to ensure the respect of these Terms, but makes no representation and gives no warranty as to said monitoring. By using and accessing this website, you consent to said monitoring should the Site Owner proceed therewith and to any eventual intervention.
Links
Links and references to other websites are provided to you as a convenience only. The Site Owner has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material, products or services posted or offered thereon. You may not create links from other websites to pages of this website other than to the main page, except if expressly permitted to do so by the Site Owner.
Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, this website or any of its services, including payment for and delivery of related products and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. The Site Owner and its affiliates, as well as their respective directors, officers, and employees, assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that the Site Owner and its affiliates, as well as their respective directors, officers, and employees, shall not be responsible or liable in any way for any loss or damage of any kind arising out of, or in connection with, any such dealings or transactions.
Cookies
You consent to the use of “cookies” (small text files transferred to your browser by a website) by the Site Owner. These cookies keep a record of your preferences, making your subsequent visits to this website more efficient and allowing the Site Owner to provide improved service by personalizing content, banners, and promotions that you and other users will have access to. Most browsers are designed to accept cookies, but their settings can be easily modified so that cookies are refused (see your browser’s help files for details).
Contests
From time to time, the Site Owner may make contests available to users of the website and others. All contests are governed by these Terms and the applicable Contest Rules. By participating in a contest through the website, you signify your agreement and acceptance of these Terms and the applicable Contest Rules.
Exclusion of Warranties
The site owner makes no representation or warranty regarding the functionality, good working order or condition of this website, the information, applications, products, and services contained on this website, its suitability for use, or its use in an uninterrupted or error-free manner. All material, applications, products, services, and information on this website are provided to you “as is” without warranties of any kind. The site owner and its affiliates disclaim all warranties and conditions, written or oral, statutory, express or implied, including without limitation, warranties and conditions of merchantability or fitness for a particular purpose or non-infringement of intellectual property rights.
All products purchased on or through this website are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products listed or purchased on or through this website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, misappropriation or infringement of intellectual property rights.
These exclusions are in addition to any specific exclusions otherwise provided in these Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non permitted exclusions may not apply to you.
Limitation of Liability
The Site Owner and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, including without limitation, for breach of contract, strict liability, contractual or extra-contractual liability, tort, including negligence, or any other legal or equitable liability theory, arising out of or in connection with this website, its content, or the use thereof or access thereto. For greater certainty, but without limitation whatsoever and notwithstanding anything to the contrary, the Site Owner and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the following:
1. Telecommunications systems breakdowns, underperformance, delays, interruptions in service, electrical failures and blackouts, including such failures and problems having a negative impact on the communication, transmission, accuracy or prompt reception of information, material, messages or instructions between you and the Site Owner or preventing, in whole or in part, the transmission of such information, material, messages or instructions;
2. Your inability, at any time, to access any part of the website or its content, or the products and services offered on this website;
3. Subject to the website’s Privacy Policy, the interception, loss or disclosure of confidential or sensitive information communicated via the Internet, including personal information;
4. The lack of reliability, prompt access or availability of this website or any part of its content and the products and services offered on this website; and
5. The failure of the Site Owner to take corrective measures
The exclusions and limitations mentioned above shall apply even if the Site Owner is advised of the possibility of such claims, losses, costs or damages.
Should you have any problem with the items or products that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such items or products, in accordance with such manufacturer’s warranty. With the exception of the above, your sole and exclusive remedy is to discontinue using and accessing this website. To the extent that the jurisdiction to which you are subject does not allow any part of such exclusion or limitation of liability, such part does not apply.
Indemnification
You agree and undertake to take up the interest, indemnify and hold harmless the Site Owner and its affiliates, including their respective directors, officers and employees, from all liability, claims, suits originating from a third party, and damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with your failure to respect the present Terms or from any other act or omission on your part through your use of the Internet, your access to any website, including this one, or access to any website by anyone using your computer system with your permission and on your behalf.
Responsibility for your Computer System
You remain entirely responsible for all damage caused to your computer system by:
1. The connection, configuration and compatibility of the different components of your computer system.
2. The use of all material originating from any website whatsoever.
3. Access to any website.
4. The download of any data, software or viruses.
The Site Owner and its affiliates, as well as their respective directors, officers, and employees, assume no liability whatsoever for the illegal access to your computer system by hackers nor for the quality, reliability, compatibility or speed of services provided by any Internet service provider.
Risks Related to the Internet
Communications via the Internet are susceptible to interception, loss or modification. Thus, no personal information should be transmitted by you to the Site Owner by way of email, unless measures have been taken to ensure the security of the communication. You agree that the Site Owner and its affiliates, as well as their respective directors, officers, and employees, assume no liability whatsoever towards you or a third party for any injury or damages suffered in relation to an email sent to the Site Owner or by the Site Owner on your request. You fully assume the risks associated with such a communication.
Viruses, etc. / Virus etc.
The Site Owner does not represent or warrant that the information or material, including any downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems that are discovered will be corrected.
Damages to Others
You agree and undertake not to introduce in or through this website any information or material which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information that may, for instance, constitute libel, slander, defamation or an obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
Responsibility for Minors
In cases where you have authorized a minor to use website or any of its services, you recognize that you are fully responsible for:
1. The online conduct of such minor;
2. Controlling the minor’s access to and use of the website or its services; and
3. The consequences of any misuse by the minor. You acknowledge that some of the areas of this website may contain material that is inappropriate for minors.
Assignment
This agreement is personal to you, and you may not assign your rights or obligations to anyone.
Reserve of Rights
All rights not expressly granted in these Terms are reserved to the Site Owner. Nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of the Site Owner or of any other person or entity.
Governing Law
This website is controlled and operated by the Site Owner from Ontario, Canada and these Terms shall be governed by the laws applicable in the Province of Ontario and applicable federal laws of Canada, without reference to principles of conflict of laws. Any dispute arising from, connected with or relating to this website, these Terms or any related matters must be resolved before the Courts of Province of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Severability
If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction nor shall it affect the legality, validity or enforceability of any other provision of these Terms and conditions in any jurisdiction.
Changes to Terms
The Site Owner may modify, alter or otherwise update the terms applicable to this website from time to time without notice and you agree to be bound by such terms as are in effect at the time you access this website.
Jurisdiction
This website is controlled and operated by the Site Owner from Ontario, Canada. The Site Owner makes no representation that the material on the website is appropriate or available for use in other locations. Those who choose to access this website from other locations may do so on their own initiative and are responsible for compliance with local laws, if and to the extent said local laws are applicable.
Survival
These Terms apply while you are accessing this website and remain in effect thereafter, subject to section Changes to Terms herein. In the event that this website is no longer accessible to you, the provisions set out in section Exclusion of Warranties, Limitation of Liability, Indemnification, and Copyrights and Trade-marks of these Terms and conditions shall survive thereafter.
No Waiver
The Site Owner’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision.
Termination
You acknowledge and agree that the Site Owner, in its sole and absolute discretion, may, without notice to you, suspend, cancel or terminate your account or your use of, or access to, this website or any of its services, and remove and discard any information or content related to this website or any of its services (and your use thereof), for any reason, including where the Site Owner believes that you have violated any of these Terms. You further agree that the Site Owner shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this website or any of its services or with any of these Terms, or with any conditions, rules, policies, guidelines, or practices of the Site Owner or any of the services available on this website, your sole and exclusive remedy is to discontinue using this website or its services.
Entire Agreement
These Terms constitute the entire agreement between the Site Owner and you pertaining to your use of this website, its services and content and supersedes any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and the Site Owner with respect to the subject matter hereof.