Terms of Use
This website, currently located at www.bellancora.com (the "Site") is provided by bell'ancora (herein referred to as bell'ancora, we, us or our). By using the Site, you agree to be bound by the terms and conditions herein. Should you not agree to be bound to these terms and conditions, please do not use our Site.
bell'ancora reserves the right to change, modify, or discontinue any content, feature or service of this Site at any time, with or without notice. Terms of Use may be modified or revised at any time, so please review them periodically. If you have any questions about the Terms of Use, please contact info@bellancora.com
1. Services. By agreeing to these Terms of Use you authorize bell'ancora to provide the following services in accordance with the terms and conditions herein, to (i) receive and post the listing and photos for your gown (Goods) on the Site; and (ii) offer the Goods on the Site.
2. Listings on this Site.
If you submit a listing on this site, you are solely responsible for the accuracy of the information provided and for any liability stemming from copy, images or other descriptions provided in the listing. You agree to check your listing once posted for accuracy and completeness. Changes to your listing can be made at any time by going into your account. You agree that bell'ancora may use your copy and photos without charge or liability. We reserve the right to suspend your listing, without notice, at any time if we believe it is necessary. We also reserve the right to cancel your listing should it be determined to be fraudulent or if we are unable to verify or authenticate any material you provide.
3. Gown and Accessory Descriptions; Disputes with Sellers.
bell'ancora requires Sellers to provide accurate information on the Site; however, bell'ancora does not warrant that gown descriptions, or any other content provided by a third party, is accurate, complete, reliable, current, or error-free. If a gown listed on the Site is not as described, and the Seller does not have a return policy, the Buyer must contact the Seller for resolution of any disputes. If you just dont like the gown, then you may list the item with us and resell it, or attempt to sell it somewhere else.
4. Binding Sales.
Seller is obligated to complete the transaction with the Buyer upon transaction completion, unless there is an exceptional circumstance, such as (a) the Buyer fails to pay for the Goods; (b) Seller cannot collect the payment; or (c) Buyer exercises its right for a full refund pursuant to the Sellers Return Policy and returns the item in its original condition.
5. Listing Fee.
As consideration for the Services, Seller agrees to pay bell'ancora the then current fees as posted on the Site (Listing Fee).
6. Unsold Goods.
bell'ancora will list your Goods for the then current period of time posted on the Site. If your Goods have not sold in this time period, you are welcome to relist your Goods with payment of a Listing Fee, or try another service.
7. Title and Risk of Loss.
Title and risk of loss for the Goods remain with Seller until such time as the Goods are delivered to a carrier for delivery to the Buyer. Title and risk of loss will not transfer to bell'ancora at any time. Title to Goods shipped will pass directly from Seller to Buyer.
8. Sellers Warranty of Goods.
Seller warrants that (i) Seller has all the necessary rights and authorization to sell the Goods and to permit bell'ancora to list the Goods on its Site; (ii) the Goods and the rights hereunder do not infringe the proprietary rights of any third party; and (iii) the description of the Goods is truthful, accurate and complete. Seller represents and warrants that description of the Goods and the Goods will not: be false, inaccurate or misleading; fraudulent or involve the sale of counterfeit or stolen items; violate any law, statute, ordinance or regulation.
9. General.
We do not guarantee continuous, uninterrupted or secure access to our services. Further, operations of the Site may be interfered with by numerous factors outside of our control and bell'ancora shall not be held liable for any such interruptions.
10. Disclaimers.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, bell'ancora AND ITS AFFILIATES, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. bell'ancora AND ITS ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR ANY AFFILIATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF bell'ancora OR ITS AFFILIATES, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
11. Limitation of Liability.
NEITHER bell'ancora NOR ANY OF OUR AFFILIATES, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, ITEM PURCHASED THEREFROM, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO bell'ancora FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID AS A LISTING FEE TO bell'ancora BY YOU.
12. Indemnification.
You agree to indemnify, defend and hold bell'ancora, our advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from:
(a) your breach of this Agreement; (b) any allegation that any listings, photos, or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
Effective Date: These Terms of Use were written and posted on November 15, 2007 and are effectively immediately and in perpetuity unless otherwise noted.
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