1. Application and Acceptance of the Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to www.carolinamilan.com!
You may not use the Services and may not accept the Terms if
(a) you are not of legal age (at least 16 years old) to form a binding contract with Carolinamilano.com,
(b) you are not permitted to receive any Services under the laws of local countries / regions including the country / region in which you are resident or from which you use the Services.
You acknowledge and agree that Carolinamilano.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
If Carolinamilano.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
You may be required to enter into a separate agreement, whether online or offline, with Carolinamilano.com or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
The Terms may not otherwise be modified except in writing by an authorized officer of Carolinamilano.com.
Carolina Milano’s EU Contact representative address:
Office HQ: 19 Havazelet st. Matan 4585800 Israel
Note: This is not the return address for returned item. If you need to return the item,
Please Contact us. If the returned item is shipped to this address, it will not be accepted.
2. Provision of Services
You must register as a member on the Site in order to access and use some Services. Further, Carolinamilano.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Carolinamilano.com may impose in our discretion.
Some Services may be provided by Carolinamilano.com’s affiliates on behalf of Carolinamilano.com.
Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Carolinamilano.com may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
Carolinamilano.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
3. Member’s Responsibilities
Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this agreement.
Member will be required to provide information or material about your entity as part of the registration process on the Site for a member account.
Each Member represents, warrants and agrees that:
(a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete,
(b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful.
b) not be false, misleading or deceptive.
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful.
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
Each Member further represents, warrants and agrees that you shall:
a) carry on your activities on the Site in compliance with any applicable laws and regulations.
b) carry on your activities in accordance with the Terms and any applicable Additional Agreements.
c) not use the Services or Site to defraud any person or entity.
d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity.
e) not engage in spamming or phishing.
f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities.
g) not involve attempts to copy, reproduce, exploit or expropriate Carolinamilano.com’s various proprietary directories, databases and listings.
h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
i) not involve any scheme to undermine the integrity of the data, systems or networks used by Carolinamilano.com and/or any user of the Site or gain unauthorized access to such data, systems or networks.
j) not engage in any activities that would otherwise create any liability for Carolinamilano.com or our affiliates.
Site Member may not use the Services and member account messaging to engage in activities which are identical or similar to Carolinamilano.com’s e-commerce business.
Site Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Carolinamilano.com’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member.
If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Carolinamilano.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
Member acknowledges and agrees that Carolinamilano.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site.
Carolinamilano.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member.
Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
4. Breaches by Members
Carolinamilano.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Carolinamilano.com or our affiliates to liability, or is otherwise found inappropriate in Carolinamilano.com’s opinion.
If any Member breaches any Terms or if Carolinamilano.com has reasonable grounds to believe that any Member is in breach of any the Terms, Carolinamilano.com shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member.
Carolinamilano.com shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Carolinamilano.com.
The penalties that Carolinamilano.com may impose include, among others, warning, removing any User Content that the Member has submitted, posted or displayed, imposing restrictions on the Member’s use of any features or functions of any Service for such period as Carolinamilano.com may consider appropriate in our sole discretion.
Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
a) Carolinamilano.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party.
b) Carolinamilano.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading.
c) Carolinamilano.com believes that the Member’s actions may cause financial loss or legal liability to Carolinamilano.com or our affiliates or any other Users.
Carolinamilano.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
Further, Carolinamilano.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of subpoena or any other legal action.
Carolinamilano.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Carolinamilano.com for such disclosure.
If a Member is in breach of the Terms, Carolinamilano.com also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Carolinamilano.com also reserves the right to disclose the records of such breach to our affiliates . These Carolinamilano.com affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the website operated by or controlled by such Carolinamilano.com affiliates.
Carolinamilano.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Carolinamilano.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Carolinamilano.com and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities.
Carolinamilano.com shall have the right to publish the records of such breach on the Site.
Carolinamilano.com shall not be required to investigate such breach or request confirmation from the Member.
Each Member agrees to protect Carolinamilano.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
Each Member further agrees that Carolinamilano.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illegitimate material and that the risk of damage from such material rests entirely with each Member.
Carolinamilano.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Carolinamilano.com in asserting any available defenses.
5. Transactions Between Customers and Carolinamilano.com
Customers agrees to provide all information and materials as may be reasonably required by Carolinamilano.com in connection with orders placed at Carolinamilano.com.
Carolinamilano.com has the right to suspend or terminate any Customers account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.
Each User agrees that Carolinamilano.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from Carolinamilano.com.
Carolinamilano.com will maintain all applicable PCI DSS standards and protect all data provided by the cardholder.
When you make a purchase, you agree that the risk of loss transfers from Carolinamilano.com to you from the moment we deliver your order to the carrier, you will bear all related liabilities and risks during the third-party transportation of your order.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY CAROLINAMILANO.COM ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND CAROLINAMILANO.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAROLINAMILANO.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; CAROLINAMILANO.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND CAROLINAMILANO.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to the user’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Carolinamilano.com or through or from the Site shall create any warranty not expressly stated herein.
Each User hereby further agrees to indemnify and save Carolinamilano.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 products offered or displayed on the Site.
Each User hereby further agrees that Carolinamilano.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 each User.
Carolinamilano.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 Carolinamilano.com in asserting any available defenses.
Carolinamilano.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services.
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site.
c) unauthorized access by third parties to data or private information of any User.
d) statements or conduct of any User of the Site.
e) any matters relating to Services however arising, including negligence.
Notwithstanding any of the foregoing provisions, the aggregate liability of Carolinamilano.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of
(a) the amount of fees the User has paid to Carolinamilano.com or our affiliates during the calendar year and (b) 500US$. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Carolinamilano.com has been advised of or should have been aware of the possibility of any such losses arising.
7. Force Majeure
Under no circumstances shall Carolinamilano.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, 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.
8. Intellectual Property Rights
Carolinamilano.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Carolinamilano.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Carolinamilano.com are hereby reserved.
"CAROLINAMILANO.COM" and related icons and logos are registered trademarks or trademarks or service marks of Carolinamilano.com.
Carolinamilano.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
All legal notices or demands to or upon Carolinamilano.com shall be made in writing and sent to Carolinamilano.com personally, by courier, certified mail, to the following address:
HQ Office: 19 Havazelet st. Matan 4585800 Israel
The notices shall be effective when they are received by Carolinamilano.com in the above-mentioned manner.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail or email to the last-known correspondence, email address provided by the User to Carolinamilano.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
a) Carolinamilano.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User,
b) Immediately upon Carolinamilano.com posting such notice on an area of the Site that is publicly accessible without charge.
You agree that all agreements, notices, demands, disclosures and other communications that Carolinamilano.com sends to you electronically satisfy the legal requirement that such communication should be in writing.
10. General Provisions
Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Carolinamilano.com with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
Carolinamilano.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Carolinamilano.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Carolinamilano.com’s right to act with respect to subsequent or similar breaches.
Carolinamilano.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Carolinamilano.com). You may not assign, in whole or part, the Terms to any person or entity.
The Terms and Conditions shall be governed by the laws of Israel without regard to its conflict of law provisions. In respect of all transactions contact Carolinamilano.com for full info on the transaction procedure for your order. If you have any questions, please click here to contact us.