Terms and conditions

TERMS AND CONDITIONS OF USE OF THIS WEB SITE



Introduction

This Web site (the "Site") is owned and operated by Les entreprises Ernest Mtl Ltee. ("Ernest", "we", "us"). These terms and conditions, together with our privacy policy that is posted on this Site constitute an agreement between you and Ernest, govern your use of this Site and your online purchases made through the Site and set out our policy governing our information collection and management practices.

Please note that by accessing, browsing, or in any other way utilizing the Site, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined herein and that you have read, understood and accepted our privacy policy outlined herein. Additionally, as a condition of your use of the Site, you represent and warrant to Ernest that you will not use the Site for any purpose that is illegal or in any way prohibited by the notices, terms and conditions or privacy policy described herein. If you do not agree with and accept such notices, terms and conditions and privacy policy without modification, you must not access, browse, make purchases or otherwise use the Site.

We reserve the right to amend these terms and conditions and our privacy policy that is posted on this Site at any time in our sole discretion. Accordingly, these terms and conditions and our privacy policy may have changed since you last used this Site. Please read what follows carefully, as you are responsible for determining the terms and conditions to which you are bound by accessing the Site and for understanding the privacy policy and practices that apply to information collected through the Site.



A special note about children

This Site is not targeted to or intended for use by children. Children under the age of 14 years are not eligible to use this Site unsupervised.



Intellectual Property

All content on or downloaded from the Site, including without limitation, all text, design, graphics, photographs, code and software used or incorporated into the Site, as well as the organization and presentation of such content and all related copyright, trademarks and other intellectual property rights are owned or licensed by Ernest . The names: Ernest, Orvieto, Anthony of London, Paoletti and other names, words, logos and images appearing on the Site and all intellectual property rights therein are the property of Ernest and are protected by national and international intellectual property laws and treaties. Any use of any such property, unless authorized in writing by Ernest , shall constitute a violation of Ernest's intellectual property rights. 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 the Site or any of its content.


Terms and Conditions for Use and Purchases

Use of the Site is restricted to personal use and to make online purchases from Ernest. You shall not use this Site for any other purpose.

These terms and conditions will continue as an agreement between you and Ernest until terminated by us, which we may do for any reason without notice to you. The restrictions we have imposed upon you regarding copying or downloading information, and any disclaimers, limitations or liabilities expressed in the terms and conditions will survive the termination of this agreement. 

Conditions stated herein and in the privacy policy contain the entire agreement between you and Ernest relating to your use of the Site and this agreement supersedes all prior or concurrent communications and proposals, in any form, between you and Ernest . No other terms or conditions apply. 

Ernest sells and ships its merchandise ordered through this Site only within Canada and U.S.. We will only ship to a Canadian and U.S. address. 

We reserve the right to refuse an order if the particulars of the order and payment requirements do not satisfy our purchase and delivery conditions. 



Disclaimer
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ERNEST SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE CONTENT OF THE SITE WILL BE ACCURATE, UNINTERRUPTED OR OTHERWISE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL ERNEST , ITS AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE, THE MATERIALS ON THE SITE, A DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.


While we use reasonable efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit using the Site. Please keep this in mind when providing information through the Site.



Anti-Spam

We have an anti-spam policy. We do not use this Site to disseminate spam. E-mail messages sent in connection with this Site will contain an “unsubscribe” or “opt-out” link. You acknowledge and agree that you will not hide, disable or remove any opt-out or unsubscribe link from any e-mail. You cannot use this Site to disseminate spam.



Control of Your Password

You are responsible for all actions you take with your User ID and Password, including fees charged to your account. Therefore we recommend that you NOT disclose your Password to any third parties. If you choose to share your User ID and Password with any third parties you are responsible for all actions taken with your account. If you lose control of your Password, you may lose control over your personal information and may be subject to legally binding actions taken in your name or on your behalf. 

Payment Method
Ernest accepts MasterCard, and Visa for payment of purchases made through this Site. The cardholder must be the person who places the order. 

When we receive your order, we will verify your billing address to ensure that it matches the address which you have provided to us. Ernest does not retain your credit card number following authorization by the financial institution issuing the credit card. We do retain the authorization number for the transaction in case you wish to return the purchase for a credit. 



Credit Card Security

Shopping on ernest.ca is safe. We value your security and privacy with all online transactions. We use Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted to us. 
SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address.



Governing Law
You agree that your use of the Site is governed by the laws of the Province of Quebec, Canada without giving effect to any principles of conflict of law. You agree to comply with all applicable laws in your use of this Site. You agree that any claim brought against Ernest will be brought exclusively in a court of competent jurisdiction in Quebec. We have made all reasonable attempts to comply with all legal requirements known to us in creating and maintaining the Site, but make no representation that any materials on the Site are necessarily acceptable or available in any jurisdiction. If you choose to access the Site from any location other than Quebec, Canada, you do so on your own initiative and you are solely responsible for complying with any applicable local laws. If any part of this agreement is invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from this agreement and shall not affect the validity or enforceability of any remaining provisions.



Cookies
A “cookie” is a small data file transferred to your computer’s hard drive that allows a Web site to respond to you as an individual, gathering and remembering information about your preferences in order to tailor its operation to your needs, likes and dislikes. Cookies also enable an electronic retailer like Ernest to keep track of a customer’s electronic “shopping cart” before completing a purchase. When your computer accepts a cookie it does not provide us with access to your computer or any personal information about you other than the information you choose to provide to us.
Most browsers will allow you to remove cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or turn off cookies, certain features might not be available to you and our ability to personalize your experience would be limited. 



Other Web sites

You may find links to other Web sites which are provided for your information and convenience. If you use one of these links you will leave our Site. Our privacy policy and terms and conditions do not apply to those sites that are linked to this Site. We do not control the content or the privacy policies and practices of other Web sites. Ernest disclaims any responsibility or liability associated with your use of any such other Web sites.

Last revised: December 2014