We do not guarantee that the Site, or any of its content, will always be available or uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all parts of the Site without notice. We will not be liable to you if, for any reason, our Site is unavailable at any time or for any period. We further reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
3. ORDERS; TERMS OF SALE
By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are at least the age of majority in your jurisdiction of residence or in the jurisdiction from which you access this Site, whichever is greater, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided. If you are under the age of majority in the jurisdiction in which you reside or access this Site, your parent or guardian should use this Site on your behalf and you should not use the Site on your own or provide any personal information to us. We do not knowingly collect information from children under the age of 13.
When you submit your order by pressing the “Place Order” button, describing among other things the product(s) to be ordered, the purchase price and any applicable charges, the order will constitute an offer from you to EMILIAN’S to purchase the product(s) described in the order confirmation, for the price and applicable charges set out in the order confirmation section.
Orders are not binding on EMILIAN’S until accepted by EMILIAN’S, and always subject to EMILIAN’S right to modify or cancel your order (as set out below). EMILIAN’S acceptance of your order will be evidenced by return e-mail from EMILIAN’S to your e-mail address indicating that your order has been accepted.
Please note that when you send us your order, we may verify certain items before the order is fulfilled, including, without limitation, your personal information, your payment information, your creditworthiness, or take other steps to detect or protect against fraud or theft.
We reserve the right, in our sole discretion, to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions.
4. PRODUCT & PRICING INFORMATION
Products which are displayed on this Site and that may be purchased (“Products”) are available for sale and distribution to customers in Canada only. Although the Site is accessible worldwide, not all Products offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. EMILIAN’S reserves the right to limit, in its sole discretion, the provision and quantity of any Product to any person or geographic area. Any offer for any Product made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
EMILIAN’S attempts to be accurate in describing all Products available for sale; however, EMILIAN’S does not warrant that Product descriptions or other content of this Site are accurate, complete, reliable, current or error-free as they are updated regularly and change from time to time. EMILIAN’S is not responsible for typographical errors regarding the price or any other matter indicated nor can we guarantee that the user’s monitor will accurately portray the actual colours of the Products. Your Product(s) and the packaging of your Product(s) may vary from that shown on images on the Site.
WARNING: Without limiting the generality of the previous paragraph, the Product descriptions provided by EMILIAN’S on the Site may not contain a complete list of ingredients. If you have allergies or sensitivities to specific ingredients, please let us know.
The availability of certain Products may be limited and/or not be available for immediate delivery. EMILIAN’S may cease to make Product(s) available at any time without prior notice in its sole discretion. In the event that EMILIAN’S is unable to deliver a Product ordered, we will notify you via e-mail and your order will be either automatically cancelled if the Product is unavailable or contact you to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available. All prices are subject to change.
THE SITE ALLOWS YOU THE OPTION TO HAVE PRODUCT PRICES DISPLAYED IN CANADIAN DOLLARS (CDN$). PLEASE NOTE THAT GIVEN FLUCTUATIONS IN CURRENCY EXCHANGE RATES.
Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial or other sales or any other taxes, dues, customs charges, import duties, or other fees of any kind (including without limitation any banking fees charged on international credit card payments). Separate charges for shipping and handling and taxes will be shown on the order confirmation for each order. You are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes, charges, duties or other fees associated with the order which may be charged in your jurisdiction (“Taxes and Duties”).
5. GIFT CERTIFICATES; PROMOTIONS
Gift Certificates (also known as Gift Vouchers and Gift Voucher Codes)
EMILIAN’S electronic gift certificates may only be redeemed towards the purchase of Product(s) on the Site. Please treat your gift certificates like cash — EMILIAN’S is not responsible if a gift certificate is lost, stolen, destroyed or used without your permission. Gift certificates may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Gift certificates are not returnable, cancellable or exchangeable after purchase for cash, except in provinces where required by law. Using a gift certificate simply requires that the recipient input the code referenced on the gift certificate at the checkout page. You shall be responsible for protecting the confidentiality of your gift certificate code, and EMILIAN’S shall not be responsible for any unauthorized use of such code. Gift certificates do not expire and we do not charge any service fees for non-use. Gift certificates cannot be used to purchase other gift certificates and may not be combined with any discount coupon.
Discount Coupons (also known as Coupon Codes, Discount Codes, Promotional Coupons, Promotional Discounts, Price Reduction Coupon Codes)
In certain instances we may make available certain discounts or promotions available through discount coupons on the Site or through other forms of advertisement. These discount coupons may provide a price discount (e.g. 10% Product price reduction or $3 off) when you purchase Product(s) on the Site. Unless otherwise set out in the posted rules, conditions or other restrictions, discount coupons are subject to the following limitations (which may or may not be included in the promotion materials due to technical or space constraints):
Discount coupons advertised on this Site or in other advertisements are void in jurisdictions where prohibited;
Discount coupons are subject to any posted rules, conditions, or other restrictions applicable to such discount coupons, which may include, without limitation, expiry dates or other time limits, or applicability to only certain Products;
Discount coupons expire after seven (7) days;
Discount coupons may not be used to purchase gift certificates;
Discount coupons only apply to the price of the Product(s) and DO NOT apply to Taxes and Duties, shipping and handling charges, or any other such charges;
Discount coupons may not be applied retroactively to the purchase of Product(s) nor will rain-checks be issued for discount coupons;
Discount coupons may not be combined with other discount coupons, nor may they be used for Products already on sale, on special or discounted;
Discount coupons will only apply to eligible Products while quantities last; and
Our free shipping offer shall not apply unless your Product(s) purchase price sub-total, after applying the discount coupon code (and before Taxes and Duties), is above the free shipping offer threshold (see Shipping; Risk of Loss section below).
EMILIAN’S reserves the right to cancel or modify any discount coupons at any time without prior notice.
6. ACCOUNT SECURITY; CONSENT REGARDING ELECTRONIC DOCUMENTS
7. LINKS TO OTHER SITES
From time to time we may include links from our Site to sites that are owned by entities that are not affiliated with EMILIAN’S. EMILIAN’S does not operate or control the content of these third party sites. We also do not control the goods or services offered through these sites. When and if you access one of these sites through a link on the Site, you do so at your own risk. When you click on the link from our Site to the other site, you actually leave our Site. EMILIAN’S expressly disclaims any liability for any issues you may experience while you are visiting any other site(s).