Terms of Use

The following Terms of Use are entered into by and between You and G. Abato & Sons Italian Market Limited, “The Italian Market”, (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms of Use”), govern your access to and use of www.italianmarket.ca including any content, functionality and services offered on or through italianmarket.ca  (the “Website”), whether as a guest or a registered user.

Copyright & Content 

All content on the Website is protected by copyright, trademark and other applicable laws, and is the property of the The Italian Market unless otherwise noted.

Nothing on this Website may be, in whole or in part, sold or otherwise transmitted in any form or by any means for commercial purposes, except with the prior written permission of The Italian Market.

Disclaimer

The information on this Website is deemed to be accurate and complete at the time of posting. We attempt to ensure all information remains accurate and current, but we do not guarantee the accuracy, completeness and quality at all times.

Privacy

We respect your privacy and follow the principles of PIPEDA in the collection of Personal Information from you on our Website.  Please see our full text of our Privacy Policy here

Email And Other Electronic Communications

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

There are various places on the Website that offer you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

User Communication 

The Website may contain chat areas, news groups, forums, communities, comment sections or other message or communication facilities designed to enable you to communicate with the public at large or with a group.  

You agree that when using features of the Website that allow for communication by you, that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.  

You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or upload files unless you own or control the rights thereto or have received all necessary consents. 

You agree not to advertise or offer to sell or buy any goods or services for any business purpose, or harvest or otherwise collect information about others, including e-mail addresses, without their consent or violate any applicable laws or regulations.

The Company has no obligation to monitor the user communications but reserves the right to review materials posted to the Website and to remove any materials at its sole discretion. The Company reserves the right to terminate your access to any or all of the user communication services at any time without notice for any reason whatsoever and to disclose any information as necessary to satisfy any applicable laws.

Ordering and Payment

All dollar amounts on our online store are in Canadian dollars.

Credit card data is not stored on our servers and is processed through the 3rd party payment gateway Stripe. See here for their user terms of service.

By completing the checkout and submitting an order you are agreeing to pay, in full, the prices of the items selected, including suitable substitutions, and all applicable charges (e.g. charges for bags and delivery), taxes, by credit card or other permitted payment method. You authorize us to process payment of the applicable purchase price via the payment mechanism you select from the available choices, and you represent and warrant that you are authorized to use the applicable payment method. 

Should your payment method be rejected by the card issuer or processor, your order will not be filled and we will have no obligation in respect of it. During the credit card authorization process when you submit your order, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be prepared for delivery. You are responsible for any fees, including legal costs and collection costs should any be incurred in collecting any unpaid balances from you.

You may cancel your order or modify the order (including adding or removing products, changing quantities, or changing order delivery details) by calling our store within two hours of the time in which your order is placed.  The end of the two-hour period following the placement of the order is deemed the Cut-off Time.

We may, in our sole discretion, accept or reject any order placed. Any online or email confirmation of receipt of an order after placement is an acknowledgement of receipt of the order but not an acceptance of the order. Your order is accepted when we deliver the order to you.

When your order is assembled, if an item you have ordered is not available we will, where reasonably possible, substitute another comparable item.  You will be contacted to discuss substitutions whenever possible.  Should the substituted item be at a different price than the one ordered, you will be given the opportunity to refuse the substitution or accept the substitution by providing payment for the difference in the price.  This amount will be paid separate to the transaction completed on the online portal and by a payment method of your choice.

We may, in our sole discretion, cancel an order you have placed after we have accepted it, in which case you will be contacted. If we cancel your order, we will have no obligation to fulfill it nor will we be liable to you in respect of it, and you will have no obligation to pay for it. We may in some circumstances require additional information or verification before accepting or fulfilling an order, in which case you will be contacted.

The purchase of products through our on-line portal is subject to availability and items listed may not be available or stocked at all times. If product(s) are not available, we will have no obligation to fulfill an order for them and you will have no obligation to pay for them except where you have accepted a substitute.  

We reserve the right to change the products, prices and descriptions displayed at any time, without notice or liability to you.  We reserve the right to correct, at any time, any pricing errors. While we update our online portal regularly, prices, selection and availability may vary and are subject to change without notice. We are not responsible for any loss or damages arising from any updates or changes.

We seek to be accurate with respect to product images and descriptions but do not represent or warrant that these or other content are accurate, reliable, current, or complete. We reserve the right to correct any inaccuracies or errors and shall have no liability for any errors or omissions. Information may be changed or updated without notice and prices and availability of goods and services are also subject to change without notice.

In respect of products, if any product requires a person to be of a certain legal age in order to purchase certain products, only persons of that age may place orders for said product(s).  By placing such an order you represent and warrant that you are of legal age to purchase said product(s). We may require proof of age before permitting you to order said product(s).

Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Jurisdiction

This agreement between you, the user, and The Italian Market shall be governed by, and interpreted in accordance with, the laws of the province of Nova Scotia and the laws of Canada applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Nova Scotia in any proceeding related to this agreement.

Contact Information

We welcome your questions about the Terms of Use.  You can contact us here:

J.Marks
The Italian Market
6061 Young Street
Halifax, NS  B3K 2A3
902-455-6124
info@italianmarket.ca

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