Terms And Conditions
TERMS OF SERVICE
Welcome to erbanica.com. Your use of this website, erbanica.com, is governed by the terms and conditions (“Terms”) appearing herein below, as updated from time to time. The current version of these Terms is indicated hereinabove. These Terms constitute a legally binding agreement between you and Viana Inc (hereinafter referred to as "erbanica.com") the owner and operator of erbanica.com.
By using this website, you agree to these conditions. Please read them carefully.
When visiting erbanica.com, or when you send us e-mails, you are communicating with us electronically. By using erbanica.com you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You consent that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
All content included in or made available through erbanica.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of erbanica.com or our content suppliers. This material is protected by United States, Canadian and International copyright laws. All of the content included in or made available through erbanica.com is the exclusive property of erbanica.com and protected by U.S, Canadian and international copyright laws.
"erbanica.com", “Erbanica”, “Erbanica.COM” and related icons and logos are registered trademarks or trademarks or service marks of erbanica.com and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
OTHER INTELLECTUAL PROPERTY
erbanica.com is the sole owner or lawful licensee of all the rights and interests of the website erbanica.com. erbanica.com has intellectual property rights protected under worldwide patent, copyright and other laws. You agree not to infringe any or all of the title, ownership and intellectual property rights of erbanica.com. You hereby indemnify erbanica.com to the extent of any breach of intellectual property rights by or through your use of erbanica.com. All rights not otherwise claimed under the Terms or by erbanica.com are hereby reserved.
PROPER USE AND ACCESS
You shall not engage in any activity directly or indirectly which undermines the integrity of the computer systems, networks and/or other electronics of erbanica.com and/or of other users of erbanica.com. You shall not gain and/or attempt to gain unauthorized and/or unlawful access to erbanica.com’s computer systems and networks and/or any and all data or information therein. You agree to use erbanica.com for your personal use only and shall in no event use any or all of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through erbanica.com for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on erbanica.com for purposes other than appearing in these Terms is prohibited.
You are responsible for maintaining the confidentiality of your account information and password on erbanica.com. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. erbanica.com does sell products for children. Adults can purchase products through erbanica.com with a credit card or other permitted payment method. If you are under 18, you may use erbanica.com only with involvement of a parent or guardian. erbanica.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and 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." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. erbanica.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant erbanica.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant erbanica.com and sublicensees 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 of 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 erbanica.com for all claims resulting from content you supply. erbanica.com has the right but not the obligation to monitor and edit or remove any activity or content. erbanica.com takes no responsibility and assumes no liability for any content posted by you or any third party.
You hereby agree to indemnify and save erbanica.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such your use of erbanica.com or Services (including but not limited to the display of your information on erbanica.com) or from your breach of any of the Terms. You hereby further agree to indemnify and save erbanica.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services. You also agree further that erbanica.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. erbanica.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with erbanica.com in asserting any available defenses.
erbanica.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from erbanica.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
erbanica.com does not take title to returned items until such time as the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return, in this situation, erbanica.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
erbanica.com endeavours to be as accurate as possible, however mistakes happen. erbanica.com does not warrant that product descriptions or other content on erbanica.com is accurate, complete, reliable, current, or error-free. If a product offered by erbanica.com is not as described, your sole remedy is to return the product it in unused condition according to the Returns Policy.
Except where noted otherwise, the Retail Price, List Price or Suggested Price displayed for products on erbanica.com represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Retail Price, List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Retail Price, List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. With respect to items sold by erbanica.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by erbanica.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Delivery timeframes communicated by erbanica.com are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall erbanica.com be liable for deliveries going beyond the estimated timeframe.
erbanica.com shall in no event be held responsible for delay and/or non-provision of the Services or Products, or unavailability of the Website for any reason whatsoever including but not limited to events beyond the reasonable such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of and your purchase of products and/or services through erbanica.com. Any infraction of the Terms and Conditions shall be governed by the laws of Ontario and the laws of Canada without regard to any conflict of law provisions of your domicile residence or physical location. At our discretion, we may report any infractions or violations relating to the agreement to the appropriate authorities. You and erbanica.com each agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario, Canada.