Balbianello

Terms of use

Welcome to the Balbianello Website (the “Site”). Balbianello Inc. provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the “Agreement”). Your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Ownership of Content

Unless otherwise noted, all materials, including names, logos, images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Site (collectively, the “Content”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Balbianello. The Site as a whole is protected by copyright, trademark and trade dress rights, which are owned by Balbianello. BALBIANELLO and CAPTIVA CASHMERE and MAGARI SILKS and our other trademarks appearing at this Site are the trademarks of Balbianello, Inc.

Permitted Use

This Site and the Content are intended solely for your personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software.

Privacy

Balbianello recognizes the importance of protecting the privacy of our customers who visit the Site. We gather customer information in an effort to enhance and improve our customers’ online shopping experience, notably in processing purchases and responding to customer inquiries. When you first provide us with your email address or when you enter information for an online purchase, we provide you with the ability to choose whether we will send you promotional materials. If so, we may also use your information for our marketing and promotional purposes, and you may receive email from us regarding special promotions, events, sales and new collection arrivals. If at any time you wish to be removed from the email distribution list, please use the [contact us] page on our website to notify us of your request. Any personal information provided by you to us is maintained on our secure web server and internal computer systems.

Under certain circumstances, you may be directed to a third party business partner’s web site for processing a purchase. On such third party’s web site, you may enter information necessary to make a purchase. Please note that any information provided would be governed by the third party’s own terms and privacy policy, and not by these terms. Please be assured that Balbianello selects its business partners with care and confirms that these business partners will respect the privacy of your personal information. However, you should always check the privacy policy of any web site where you are entering personal information.

We will not sell or share any of your information to any third parties, except as follows: (1) we may provide your information to a business partner of ours, but only to the extent that such business partner is involved in providing services to Balbianello or for your benefit, and where such business partner has entered into a confidentiality agreement with Balbianello; (2) we may provide your information to a third party in connection with the sale of all or substantially all of our business; and (3) we may disclose your information if required by law, regulation, governmental request, or court order, or as we determine in our reasonable belief to be necessary to conform or comply with a law, regulation, governmental request, or court order.

Security Statement

Balbianello uses industry standard encryption technology to provide a safe and secure shopping experience for our customers. All transactions and exchanges of information utilize encryption protocols.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Errors

Occasionally, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you may have submitted your order). We apologize for any inconvenience this may cause you.

Disclaimer

Balbianello provides the materials on this Site “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for particular purpose or non-infringement of intellectual property rights. Balbianello expressly disclaims any duty to update or revise the materials on this Site, although Balbianello may modify the materials at any time without notice.

Indemnification

By your use of this Site, you acknowledge that your use is at your sole risk and that you assume full responsibility for any and all costs associated or in connection with your use of this Site. You further acknowledge that Balbianello shall not be liable for any damages of any kind related to your use of this Site.

You agree to defend, indemnify and hold Balbianello harmless from and against any and all images, cost and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Changes to these Terms

Balbianello reserves the right to modify, change and delete any or all of these terms at any time, without notice to you. You are responsible for reviewing these Terms of Use each time you conduct business on this Site, to make sure that you agree to such terms.

Termination

These terms are effective unless and until terminated by either you or Balbianello; you may terminate this Agreement at any time. Balbianello also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Balbianello’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Balbianello, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

Governing Law; jurisdiction

Unless otherwise specified, this Site and the Contents are displayed solely for the purpose of promoting Balbianello’s products. This Site is controlled and operated by Balbianello from its offices in Massachusetts.

This Agreement shall be constructed in accordance with the laws of the State of Massachusetts, without regards to any conflict of law provisions.

Any dispute or controversy or claim shall be settled by arbitration in the City of New York before the American Arbitration Association under the Rules of General Arbitration Council of the Textile Industry then obtaining. The arbitrators sitting in any arbitration hereunder shall have the authority to include, in any award, interest at the average prime rate over the time period covered, such average to be determined by the arbitrators, and reasonable legal fees, but shall have no authority or power to alter or modify any terms or conditions listed above; and any award in violation hereof shall be deemed a departure from the terms of submission and shall be wholly void and unenforceable.