Terms & Conditions

Conditions of Use

 

1. USE OF THIS WEBSITE

This website is owned by SICILY CLOTHING Inc. (hereinafter “SICILY CLOTHING”), and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.

 

2. PRIVACY

Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by SICILY CLOTHING in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

 

3. OTHER POLICIES AND AGREEMENTS

When you purchase products from SICILY CLOTHING using the www.sicilyclothing.com website, your purchase is subject to separate Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.sicilyclothing.com website.

 

4. YOUR ACCOUNT

If you use this 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. This website is directed for use by adults. Those under the age of 16 should not use this website. In addition, if you are aged 16 or older but under the age of majority in the jurisdiction in which you reside, 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 SICILY CLOTHING. SICILY CLOTHING does not knowingly collect information from children under the age of 16. SICILY CLOTHING reserves the right to refuse service, terminate accounts or cancel orders in their sole discretion.

 

5. PRODUCT INFORMATION

THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY SICILY CLOTHING ARE AVAILABLE IN CANADA AND THE U.S.A. SICILY CLOTHING attempts to be as accurate as possible in describing all products available for sale and/or distribution by SICILY CLOTHING. However, SICILY CLOTHING does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free.

PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.

 

6. EXCLUSION OF WARRANTIES

SICILY CLOTHING makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. SICILY CLOTHING does not represent, warrant or undertake that any errors on or relating to this website will be corrected or that any server from which the website is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. SICILY CLOTHING AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

 

7. LIMITATION OF LIABILITY

SICILY CLOTHING WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

 

8. COPYRIGHTS AND TRADEMARKS

Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by SICILY CLOTHING, and SICILY CLOTHING 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 virtue of the 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 or video, without the prior written consent of SICILY CLOTHING. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of SICILY CLOTHING or others, are the property of their respective owners, and may not be used without written permission of the owner 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.

Notwithstanding the foregoing, SICILY CLOTHING authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. 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 SICILY CLOTHING and its affiliates without express written consent of SICILY CLOTHING. You may not use any Meta tags or any other “hidden text” utilizing SICILY CLOTHING name or trademarks without the express written consent of SICILY CLOTHING. Any unauthorized use of this site and/or its contents terminates the permission or license granted by SICILY CLOTHING.

 

9. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED

You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to SICILY CLOTHING’s privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to SICILY CLOTHING by accessing or using this website does not infringe the rights of any other person or entity. You consent to SICILY CLOTHING using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of SICILY CLOTHING or the disclosure of your identity, in accordance with the SICILY CLOTHING Privacy Policy.

 

10. ELECTRONIC COMMUNICATIONS

When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

11. SURVEILLANCE

SICILY CLOTHING may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, SICILY CLOTHING makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if SICILY CLOTHING ever decides to do it.

 

12. LINKS

Links and references to other websites are provided to you as a convenience only. SICILY CLOTHING 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 posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by SICILY CLOTHING. To obtain permission, contact our Website administrator at info@sicilyclothing.com

 

13. VIRUSES, ETC

SICILY CLOTHING does not represent or warrant that the information or material, including the 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 which are discovered will be corrected.

 

14. DAMAGE TO OTHERS

You agree not to introduce into or through this website any information or materials 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 which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

 

15. RESERVE OF RIGHTS

All rights not expressly granted in these terms are reserved to SICILY CLOTHING. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of SICILY CLOTHING or any other person or entity.

 

16. GOVERNING LAW

This site is controlled and operated by SICILY CLOTHING from Montreal, Quebec, Canada and these terms, this website, 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.

 

17. DISPUTE RESOLUTION; INJUNCTIVE RELIEF

IF YOU ARE RESIDING IN THE PROVINCE OF QUEBEC OR IN THE PROVINCE OF ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS SECTION 17 MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION 17 DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION IN THE CONTEXT OF CERTAIN AGREEMENTS WITH CONSUMERS.

 

Binding Arbitration
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law. However, before you submit a Claim for arbitration, you must first contact our customer service representatives at info@sicilyclothing.com, and give us an opportunity to resolve the dispute. Similarly, before SICILY CLOTHING takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or SICILY CLOTHING is notified by the other of a dispute, then either party may then initiate the arbitration process.

For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executor by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.

NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND SICILY CLOTHING BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.

 

Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 17,SICILY CLOTHING shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

 

18. CHANGES TO TERMS / SEVERABILITY

SICILY CLOTHING may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

19. JURISDICTION

This website is controlled and operated by SICILY CLOTHING from Montreal, Quebec, Canada. SICILY CLOTHING makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

20. COOKIES

We may use “cookies” to track your preferences and activities on the SICILY CLOTHING 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 site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; 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. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.

 

21. NO WAIVER

The failure of SICILY CLOTHING to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of SICILY CLOTHING to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

 

22. ENTIRE AGREEMENT

These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and SICILY CLOTHING with respect to the use of this website and any transaction conducted on or from this website and its contents, and 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 SICILY CLOTHING making such amendments or modifications available to it pursuant to the terms hereof.

 

23. TERMINATION

SICILY CLOTHING reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.

 

24. HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

Site designed by BizLynx