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.
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.
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.
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.
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.
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.
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.
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.
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
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.