Welcome to the CAMILLA eBoutique! We take great pride in our eBoutique and aim to provide our customers with a luxurious and customer-centric experience. Please take a few minutes to read the information below about the legal Terms and Conditions that apply to Your use of this website and any services or products that You order from us. These Website Terms & Conditions were last updated October __, 2015
ACKNOWLEDGMENT AND ACCEPTANCE
Your purchase from the Website indicates that You have had sufficient opportunity to access the Terms and contact us with any questions, that You have read, accepted and will comply with the Terms, and that You are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older. You must not order products or services from us if You are under eighteen (18) years of age and do not have the consent of a legal guardian who is eighteen (18) years or older. If You do not agree to these Terms, please do not use our Website.
1 We sent instructions on how to implement a click-wrap agreement in an email on September 28. It would be good to include links to all four policies when you are having a user click that they accept.
We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Website. You agree that Camilla shall not be liable to You or any third party in the event that We exercise our right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms.
We may change these Terms at any time. Please review the Terms each time You visit the Website. If We materially change these Terms, We’ll let You know by showing them to You again when You access the Website. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS.
These Terms include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You. Please review those sections (and all other terms) carefully.
When placing information on our Website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have attempted to show textures, appearances and colours of our products as accurately as possible, what You see will vary to the delivered product depending on Your monitor and computer equipment. WE CANNOT GUARANTEE THAT THE PRODUCT IMAGES ON OUR WEBSITE ARE AN EXACT REPRESENTATION OF THE ACTUAL PRODUCTS YOU RECEIVE. If You're unhappy with Your delivered product, please review our Returns Policy.
By submitting an order via the Website, You offer to purchase the products You select and submit payment to us pursuant to these Terms. We reserve the right to accept or reject an order for any reason, including due to unavailability of product, an error in the price, image or the product description, error in Your order or inability to adequately verify the purchaser details. We also reserve the right to terminate Your Camilla account for any reason, or request photo ID (or any other such documentation we deem appropriate) from You for verification purposes before we allow Your order to be processed. A binding agreement will form between us once we confirm that we have accepted Your order or commence shipment of Your order, whichever is sooner.
All orders are made subject to availability. We will use our best endeavours to ensure that products ordered are available for delivery, and in most cases will notify You when a product is unavailable soon after You have completed Your order. In some cases, immediate notification is not possible and we may need to reject an order where we later establish that it is unavailable for delivery. Alternatively, we may contact You to advise You of a delay in restocking a particular product and delivery of Your order.
If Your order is cancelled, we will refund in full all amounts You have paid in respect of such unavailable product. We cannot provide rainchecks for products ordered online, and reserve the right to limit the sale of products to reasonable or normal household quantities.
VARIATION OF PRODUCTS AND PRICE
You agree to pay the purchase price for the products as specified on the Website from time to time plus any applicable delivery charges and taxes. We may vary the prices on this Website at any time, and prices are subject to change until You have paid for the products in full. Product availability and product prices may vary between our retail stores and those found on this Website.
All prices are quoted, and orders are calculated, in U.S. Dollars (USD). You must pay for Your products purchased on this Website at the time of placing an order.
We only accept payment by MasterCard, Amex, Visa and PayPal and we reserve the right to vary our accepted payment methods at any time without notice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If Your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
Title in the products will pass to You upon the later of delivery or when Your payment has been processed or otherwise received by us. If Your payment is declined or reversed for any reason we reserve the right to reclaim the products from Your possession, custody or control even if they have been delivered to You or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to You on delivery.
The prices for products specified on the Website do not include, and You shall pay, any excise, sales, use or like taxes, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income) that we may be required to collect or pay upon the sale or delivery of the products purchased hereunder. By accepting these Terms You agree to pay us an amount equivalent to the taxes imposed on these charges.
Please refer to our Shipping Policy.
CANCELLING AN ORDER
Once Your order has been placed, You cannot cancel the order. At Your request, we are unable to cancel an order or stop an order from being dispatched. If You have incorrectly placed an order, please refer to our Returns Policy.
Please refer to our Returns Policy.
You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. However, by submitting the User Submissions to Camilla, You hereby grant Camilla and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and Camilla’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms.
In connection with User Submissions, You represent and warrant that You will not: (i) submit or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Camilla all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Camilla or any third party; (iii) submit or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) submit or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions. Camilla does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and THE CAMILLA PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. Camilla does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Website, and Camilla will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights. (See Notice and Procedure for Making Claims of Intellectual Property Infringement section below). Camilla will not necessarily monitor User Submissions. However, Camilla reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. Camilla also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these Terms.
You understand that when using the Website, You will be exposed to User Submissions from a variety of sources, and that Camilla is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE CAMILLA PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE CAMILLA PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE WEBSITE.
Access to Website; Users Who Violate Terms
Camilla hereby grants You permission to use the Website as set forth in these Terms, provided that: (1) You will not copy, download or distribute any part of the Website in any form or medium without Camilla’s prior written authorization, except as permitted in the Intellectual Property Rights section below; (2) You will not alter, modify, or make derivative works from any part of the Website without Camilla’s prior written authorization, except as permitted in the Intellectual Property Rights section below; and (3) You will otherwise comply with these Terms.
You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these Terms, the Website, or any content or materials accessible through the Website, in whole or part.
No other rights are granted herein except as expressly set forth in this Agreement. Any and all other rights are expressly reserved to Camilla.
Camilla may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms, including, but not limited to, the accounts of (i) users who post User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly and (ii) users who provide false or inaccurate information.
Restrictions on Use of the Website
In Your use of the Website, You shall not:
- provide false personal information or create an account for anyone other than Yourself without permission;
- create more than one account;
- create another account without our permission, if We have disabled Your account;
- share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
- assign or transfer Your account or login information to anyone;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website;
- post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
- facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
- impersonate or misrepresent any person or entity or Your affiliation with someone else;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;
- collect personally-identifiable information of other users;
- harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
- solicit other users to join, become members of, or contribute money to any online service or other organization;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website;
- stalk or otherwise harass any person or entity;
- harm minors in any way; or
- use any discussion forum on the Website to advertise or perform any commercial solicitation.
Camilla will fully cooperate with any law enforcement authorities or court order requesting or directing Camilla to disclose the identity of anyone violating these Terms.
Camilla believes in children’s online safety and does not wish to receive information regarding children under 13 years old on the Website. Therefore, You may not post or transmit on or through the Website any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child. If You are under 13 years of age, then please do not submit any information to or use the Website.
Intellectual Property Rights
Everything You see, hear, or otherwise experience on this Website, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Camilla, subject to copyright and other intellectual property rights under United States and international laws and conventions. Camilla owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. CAMILLA and the CAMILLA Logo are trademarks of Camilla.
Content on the Website is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print pages of the Website. Otherwise, the Website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Camilla in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Camilla. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may You scrape any pages.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If You are an intellectual property owner or an agent thereof and believe that either (1) any Content on the Website or (2) any material or activity contained on an online location to which Camilla has referred or linked users, infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
[insert name, address, phone number and email address of DMCA agent]
You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to Camilla without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.
Trademarks and Celebrity Material
Camilla responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Website and You do not have the celebrity's permission.
If You are a trademark owner or a celebrity and You believe Your rights have been infringed the Website, please submit a notification of infringement to our agent listed in the Notice and Procedure for Making Claims of Intellectual Property Infringement section above.
To submit a notification, You must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Website where You believe the infringement is occurring.
- submitting a “general application” and/or saving information from previous applications will not result in your applying for any positions. You need to submit a separate application for each specific position for which You would like to apply;
- applying for a position via the Website does not create a promise or contract for employment or the provision of any employment benefit. If You are hired for a position at Camilla, Your employment will be at will unless You and Camilla agree otherwise in a written agreement signed by You and an officer of Camilla;
- applications must be completed by the candidate. Unsolicited resumes from recruiting agencies or recruiting professionals will not be accepted;
- if You are unable to use our online application system due to a disability, please contact email@example.com or 0283531800.
- all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, ancestry, sex, national origin, sexual orientation, disability, age, marital status, familial status, status with regard to public assistance, military or veteran status, or any other status protected by applicable law; and
- Camilla is committed to working with and providing reasonable accommodation to applicants with physical and mental disabilities.
DISCLAIMERS; LIMITATION OF LIABILITY
ALL PRODUCTS ARE SOLD ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES AT ALL. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CAMILLA PARTIES DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (OR IF DISCLAIMING IMPLIED WARRANTIES IS NOT PERMITTED BY APPLICABLE LAW, THE CAMILLA PARTIES EXPRESSLY LIMIT THE DURATION OF ALL OTHER WARRANTIES TO THIRTY (30) DAYS FROM RECEIPT OF THE APPLICABLE PRODUCT), WHETHER WRITTEN OR ORAL, RELATING TO OUR PRODUCTS AND SERVICES, THE WEBSITE AND THESE TERMS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NONINFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, CAMILLA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES OR ONLINE SERVICES LINKED TO THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE FROM CAMILLA, EVENTS ATTENDED, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS EVENT ORGANIZERS, ADVERTISERS, SPONSORS, OR PARTNERS WILL MEET YOUR EXPECTATIONS. THE CAMILLA PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOU ACKNOWLEDGE THAT CAMILLA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF COURSES OR EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.
SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE DISCLAIMER OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT SHALL THE CAMILLA PARTIES BE LIABLE FOR DAMAGES ARISING AS A RESULT OF ANY DELAY BY US UNDER THESE TERMS. IN NO EVENT SHALL THE CAMILLA PARTIES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, TREBLE OR EXEMPLARY DAMAGES OR OTHER SIMILAR DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, PRODUCTION, OPPORTUNITY, ACCESS TO MARKETS, GOODWILL, REPUTATION, USE OR ANY INDIRECT, REMOTE, ABNORMAL OR UNFORESEEABLE LOSS, OR ANY LOSS OR DAMAGE RELATING TO BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEMS OR COSTS OF REPLACEMENT GOODS) SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INABILITY TO ACCESS OR USE THE WEBSITE, THE PRODUCTS, THE SERVICES, THE LATE SUPPLY OF PRODUCTS, THE TERMS, ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, USER SUBMISSIONS, THIRD PARTY WEBSITES; OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS OR SPONSORS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, OR YOUR ATTENDANCE AT ANY EVENT POSTED ON THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION AND REGARDLESS OF WHETHER WE KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WHERE OUR LIABILITY CANNOT BE EXCLUDED, OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THE SERVICES OR THE TERMS AND THIS WEBSITE AND ITS CONTENT, HOWEVER ARISING, INCLUDING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE OR OTHERWISE, WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Any claims relating to use of the Website must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Website is controlled and offered by Camilla from its facilities in Australia.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CAMILLA PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, ACTIONS, SUITS, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR CAMILLA’S PRODUCTS OR SERVICES; (2) YOUR VIOLATION OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO A CAMILLA PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR CAMILLA ACCOUNT, RELATED TO YOUR INTERNET ACCOUNT, OR RELATED TO YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR INTERNET ACCOUNT OR YOUR EMAIL ADDRESS; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE. YOU AGREE TO COOPERATE WITH US (AT YOUR OWN EXPENSE) IN THE HANDLING OF DISPUTES, COMPLAINTS, INVESTIGATIONS OR LITIGATION THAT ARISE AS A RESULT OF YOUR USE OF OUR PRODUCTS INCLUDING BUT NOT LIMITED TO DISPUTES, COMPLAINTS, INVESTIGATIONS OR LITIGATION THAT ARISES OUT OF OR RELATES TO INCORRECT INFORMATION YOU HAVE GIVEN US. THE OBLIGATIONS UNDER THIS CLAUSE WILL SURVIVE TERMINATION OF THESE TERMS. IF CAMILLA DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, CAMILLA WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO CAMILLA.
1 Promotional codes can only be used once per customer. We reserve the right to cancel any order in which it appears that multiple accounts have been set up for the same customer.
THIRD PARTY WEBSITES
This Website may contain links to third party websites. We are not responsible for the condition or content of those websites as they are not under our control. You access those websites and/or use the Website's products and services solely at Your own risk. The links are provided solely for Your convenience and do not indicate, expressly or impliedly, an endorsement by us of the websites or the products or services provided on the Website.
BY USING THE WEBSITE, YOU EXPRESSLY RELEASE CAMILLA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE CAMILLA PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Any concerns regarding an external link, should be directed to its responsible website administrator or webmaster.
Except as You have otherwise agreed with Camilla, You may link to the Website from Your website or online service, subject to the following: (1) You may not frame the Website or any portion of the Website (except You may do so with functionality provided by Camilla, if any); (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Camilla name and not any logo; (4) You may not use any
2 NTD: Should this be covered in the typographical errors section, or does it relate to a different issue?
Camilla logo in any way; (5) You may not use the link in any way that suggests that Camilla is associated with or endorses You or Your website; (6) the link may not appear on any website or online service that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Camilla or damages its rights, reputation or goodwill; and (7) We may terminate Your right to link to the Website at any time for any reason or no reason.
PROMOTIONS AND OFFERS
Please note that unless specifically mentioned, no promotions or offers may be used in conjunction with any other promotion or offer and cannot be used to purchase Gift Cards. We reserve the right to cancel and refund any order placed online where a customer has used one or more promotion or offer to place an order.
We may run competitions and promotions throughout the year. Competitions and promotions may have their own separate terms and conditions which will apply in addition to these Terms. Please carefully read those terms and conditions before entering or participating in a competition or promotion. If a competition or a promotion does not have its own specific terms, these general Terms will apply.
CORRECTION OF ERRORS
Occasionally there may be content on this Website that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In this circumstance, we reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted. If a product is quoted at an incorrect price due to typographical error, inaccuracy or oversight: (a) we reserve the right to refuse or cancel any orders placed for the product quoted at the incorrect price, even if we have confirmed the receipt of Your order and charged Your credit or debit card; and (b) if we have charged Your credit or debit card but subsequently canceled Your order, we will promptly issue a credit to Your credit or debit card account for the amount charged.
If You believe that there is a typographical error, inaccuracy or oversights on this Website please contact us by email at firstname.lastname@example.org.
We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control, including due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or unforeseen circumstances. If we are delayed from performing our obligations due to such a circumstance for a period of at least two months, we may terminate our agreement with You by giving You five business days' notice in writing.
Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to You in writing.
Camilla reserves the right to immediately terminate these Terms, or Your account access, if You breach these Terms. Camilla also reserves the right to deny access to the Website to anyone, at any time, for any reason, without notice. Camilla may also immediately terminate the Terms upon ceasing to offer the Website.
EFFECT OF TERMINATION, CANCELLATION OR EXPIRATION
Upon termination or cancellation of these Terms, You shall immediately discontinue all access to and use of the Website, and destroy or delete all copies of content or materials accessed or obtained by You via the Website. CAMILLA SHALL NOT BE LIABLE FOR ANY DAMAGES, OR LOSS OF REPORTS OR DATA, AS A RESULT OF THE TERMINATION OR CANCELLATION OF THESE TERMS; provided, however, the termination or cancellation of these Terms shall not affect any claim arising prior to such termination or cancellation.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Camilla’s prior written consent, but may be assigned by Camilla without restriction and without notice to You.
Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which You reside.
If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
You agree that: (i) the Website shall be deemed solely based in Minnesota, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Camilla, either specific or general, in jurisdictions other than Minnesota. These Terms shall be governed by, and construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of Minnesota, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on You in the manner authorized by applicable law or court rule. The parties expressly reject the application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms.
CAMILLA Seasonal Offer
Spend $5,000.00 (the seasonal threshold) in your local currency on Camilla.com.au, Camilla.com.au/us or in a CAMILLA owned boutique between December 28, 2015 – June 30, 2016 and from the date that you reach the seasonal threshold you will receive 10% off full priced items that you purchase during the Spring/Summer 2016/17 season (July 1, 2016 - December 31, 2016).Discount may not be automatically approved. We endeavour to update discount update data on a monthly basis. If you believe you have reached the threshold and are not offered the 10% discount, please contact customer services at email@example.com or 02.8353.1800Offer ends 31st of June, 2016.Full-priced items purchased from the CAMILLA eBoutique may be returned and then a refund or CAMILLA eBoutique credit (at your election) will be issued subject to the terms and conditions of our returns policy which can be obtained, click here to read our returns policy. Returns are deducted from your spend calculated to determine whether you have achieved the seasonal threshold. This seasonal offer is valid for retail customers and does not apply to resellers or any purchases for commercial purposes.Any duties or taxes assessed by customs are the responsibility of the customer.
If you have any comments or concerns we welcome your feedback and suggestions, please contact our Customer Care Team:
Address: CAMILLA, 13 Bowden Street, Alexandria, NSW 2015 Australia
Hours: Monday-Friday 9am-5.30pm AEST
Phone: +61 2 8353 1800