GENERAL SALES CONDITIONS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CANALI USA INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

1. Scope of Application

1.1 These terms and conditions (these "Terms") apply only to the purchase and sale of products and services in the United States of America (the “Territory”) through the website www.canali.com (the "Website"). These Terms are subject to change by: Canali USA Inc. (referred to as “CANALI”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion.
1.2 These Terms are an integral part of the Terms of Use of the Website that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.
1.3 You can contact our Customer Service either by phone: 1-855 893 8164 (from the USA) or by e-mail: customer.care[AT]canali.com.
1.4 The purchase and sale of products and services described in these Terms is reserved exclusively to customers residing in the United States of America.
1.5 These Terms do not govern the provision of services or the sale of Products by parties other than CANALI, even if they are present on the Website via links, banners or other hypertext links.

2. Publication and Amendment

2.1 These Terms shall be published on the Website in order to allow their knowledge, examination, retention and reproduction by the Customer. CANALI reserves the right, at its sole discretion and at any time, to amend these Terms. The new and updated version of these Terms shall be effective from the date of their publication on the Website and shall not affect an order already placed. You should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

3. Orders

3.1 Purchase orders sent by the Customer (the “Order” or “Orders”) may only be placed through the Website by persons of legal age and who are not in a state of legal incapacity.

4. Procedure of selection ad purchase of Products

4.1 The Customer chooses the Products available on the Website and places them in the specific virtual shopping bag ("Shopping Bag") for the purchase.
4.2 The description and essential characteristics of the Products, including information regarding details and composition, as well as fit, colors and sizes (where applicable), are presented on the Website within each "Product Sheet" together with one or more photographs of the same in digital format. Furthermore, the purchase price of each Product is indicated on the Website.
4.3 Although CANALI takes measures to ensure that the photographs of the Products and their packaging published on the Website are faithful reproductions of its Products and their packaging offered for sale via the Website, these photographs may not, however, faithfully represent the Products or their packaging. This could be due to various reasons, such as, by way of example, the graphic rendering of the browser and/or monitor used by the Customer. In this case, CANALI shall not be held liable for any inadequacy of the graphic representations of the Products shown on the Website if this is due to any reasons not attributable to CANALI rather to the Customer.
4.4 CANALI reserves the right, at its sole discretion, to remove any Product from the Website at any time and/or to remove or modify any material or content thereof. CANALI disclaims any liability towards Customers or third parties for the removal of any Product from the Website.
4.5 Throughout the purchasing procedure of the Products, the Customer will always be shown a summary of the Order and the personal data provided. Before proceeding with the Order Transmission, as defined below, the Customer is required to verify the accuracy of the contents of the virtual Shopping Bag and may correct any data entry errors by following the instructions on the Website.
4.6 Customers who are not already registered or who do not intend to register on the Website or who have decided to access without logging in are required to enter their e-mail address, either directly or via third party services (by way of example, by logging in to their social media accounts). CANALI is not responsible for the operation and activities connected with the use of such third-party services, including the relevant general terms and conditions of use and privacy policies applied by such third parties to be found on their websites and used by the Customer.
4.7 In addition to the above, the Customers are required to confirm that they have read and accepted these Terms, which also contain information on the return, the Terms of Use of the Website and that he/she has read the Privacy Policy, by ticking the corresponding boxes. Checking the corresponding boxes for acceptance is mandatory in order to proceed with the Order. In addition, Customers will also have the opportunity to express their consent to save their personal information in order to create an account on the Website and, if so, to receive commercial communications (marketing activities) and to have their preferences analyzed by CANALI. Ticking the box to provide consent to the performance of marketing and profiling activities by CANALI is optional, as specified in the privacy policy to which reference is made.
4.8 Customers shall then select the shipping method chosen and specify the shipping address. If Customers choose the method of collection from CANALI points of sale or from express courier pick-up points, partner of CANALI, they shall also specify the chosen address from those available.
4.9 The Customer wishing to receive the invoice will be asked to indicate the billing address and to fill in all the necessary fields for the invoice to be issued. The Customer is then asked to select the chosen payment method from the payment methods indicated on the Website and to enter the required data. Depending on the payment method chosen, the Customer may be directed to a third party website (e.g. PayPal).
4.10 Before completing the purchase, the Customer may enter, in the appropriate section, any promotional code he or she may have. If CANALI has reasonable grounds to believe that a Customer is abusing promotional codes, then CANALI reserves absolute discretion to reject such order and/or disapply such discount, for example, if CANALI believes a Customer is using promotional codes for commercial purposes.
4.11 The Customer is then asked to click the appropriate button bearing the words "PROCEED WITH PAYMENT" to authorize payment, thus enabling the Order to be concluded. By concluding the Order, the Customer declares having read and fully accepted the Terms as well as having read all further information on the Website.
4.12 In the event that the debiting of the total amount due ("Total Amount Due") by the Customer is not confirmed or fails, and/or proves impossible for any reason, the Customer is informed accordingly and is invited to correct the payment data and/or enter a new payment method. Otherwise, the Order shall not be transmitted to CANALI.
4.13 Conversely, when payment of the Total Amount Due is successful, the Order is transmitted to CANALI ("Order Transmission").
4.14 Following transmission of the Order, the Customer shall receive an email confirming the Order - including these Terms - at the email address indicated, containing the information related to the Order number and the relevant date of purchase, the Products ordered, their price, the amount of the Order including delivery costs and applicable taxes, the existence of the faculty of return, the indication of the time and the modalities for the possible return of the Product, the indication of the shipping method chosen, as well as the information related to the Customer care services ("Order Confirmation Email"). The contract between CANALI and the Customer (the "Contract") is concluded when the Order Confirmation Email is received by the Customer, subject to the cases of rejection of the Order as set out below.
4.15 Customer Service is able to communicate with the Customer in English, Italian, French, German and Spanish languages. The Customer is also informed that the Customer Service will in any case be at the Customer's disposal for any clarification and need for assistance on the Order placed.
4.16 When the Product is ready for shipment, CANALI shall send the Customer an email containing the shipment tracking code ("Email Shipping Confirmation") which, for Customers who have chosen to register on the Website, is also available by accessing the "My Account" section. In any case, for any information regarding delivery, the Customer may contact CANALI Customer Service in the manner set out in Section 1.3 above.
4.17 The Order is then stored in the CANALI database for the time necessary to execute it and, in any case, within the terms established by law in relation to the specific type of documentation constituting the Order itself. To access the Order, the Customer, if registered, may consult the "My Account" section of the Website and, in any case, may always refer to the Order Confirmation Email.

5. Availability of Products

5.1 The Customer acknowledges that the Products are limited in number and is, therefore, aware that it may occasionally occur that one or more of the Products referred to in the Order are not available.
5.2 Should the Products not be available, the Customer shall be informed by e-mail of this circumstance as well as of the consequent rejection of the Order. Such notification shall normally be sent within 14 working days from the day on which CANALI receives the Customer's Order. Therefore, the request for reimbursement of any amount paid for that specific Product shall be sent to the payment gateway normally within 5 working days of receipt of the relevant communication, using the same payment method chosen by the Customer at the time of purchase. For the sake of clarity, it is understood that CANALI will not pay any additional compensation to the Customer.
5.3 In the event that the Customer's Order contains several Products and none of them is available, CANALI shall inform the Customer of the rejection of the Order due to the unavailability of the same and shall proceed as specified in Article 5.2 above. If, on the other hand, only some of the Products purchased by the Customer should be unavailable, the Order shall be rejected only for those Products, in accordance with the procedure set out in article 5.2 above. It is understood that the Order shall instead be processed in relation to the Products that are available, unless the Customer informs CANALI in writing of its intention to cancel the entire Order. Any amounts already paid by the Customer for Products that are not available shall be refunded, using the same payment method chosen by the Customer at the time of purchase. For the sake of clarity, it is understood that CANALI will not pay any additional compensation to the Customer.

6. Modification and cancellation of the Order by the Customer

6.1 Following the transmission of the Order, the Customer may no longer modify it but may cancel it until the Products have been shipped, by contacting CANALI Customer Service by telephone, as specified in Article 1.3 above. In this case, the Contract shall be considered no longer effective and any amounts already paid by the Customer for the Order shall be refunded using the same payment method chosen by the Customer at the time of the purchase. This right is in addition to and does not modify the faculty to return Products that, in any case, following receipt of the Products, the Customer may exercise as better specified in Article 13 below.

7. Personal section of the Client “My Account”

7.1 Registration on the Website and the creation of an account by the Customer is optional and not mandatory.
7.2 Customers who have decided to register can always access their Order and these Terms, as well as all the information on the exercise of return, by consulting the "My Account" section of the Website, from which they can access the history of the orders placed and through which it is always possible to print these documents.
7.3 These Terms are always available, also for non-registered users, in the special section of the Website called "Legal Area", at the bottom of the same.

8. Products Prices

8.1 The prices of the Products are inclusive of all taxes and duties, as well as ordinary national shipping costs ("Standard Shipping"), unless otherwise indicated on the Website or in the subtotal price indicated in the Shopping Bag relating to the individual Order.
8.2 All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. .
8.3 The currency in which the prices referred to in these Terms are expressed is the US Dollar (“USD”).
8.4 If, for various causes or reasons, the price of the Products indicated on the Website should be lower or higher than the correct sale price of the Products themselves, CANALI reserves the right to correct it at any time. In the event that Customers have already placed an Order for the purchase of a Product in relation to which there is an error in the price, they shall be informed that the Order has been rejected and any amounts already paid by the Customer for the Order will be promptly reimbursed. For the sake of clarity, it is understood that CANALI will not pay any additional compensation to the Customer.

9. Promotional code

9.1 Promotional codes can only be used for sales of CANALI Products on the Website. The promotional code is valid for the period of time indicated on the voucher itself and may consist of a discount or a free gift of a particular service. It may be limited to the purchase of certain Products and valid only in certain states. Promotion codes are not cumulative and it is possible to use the promotion code for only one Order. In any case, CANALI will specify to the Customer the terms of use applicable to the promotion code received from time to time. The promotional code has to be entered by the Customer in the appropriate section before completing the purchase.

10. Methods of payment

10.1 Payment by the Customer may be made by any of the methods indicated on the Website. All available payment services have no differentiated or additional costs and include, by way of example and without prejudice to the our right to modify them at our own discretion, those indicated at the following link.
10.2 The validity of the credit card may be verified through a pre-authorization of the payment. Such authorization is not a debit. In any event, the Total Due Amount shall be debited from the chosen payment method when the Customer clicks the appropriate payment authorization button and the payment of the Total Due Amount is successful.
10.3 All payments made through the Website are managed, depending on the payment method chosen, either by the third party payment provider Adyen - i.e. the provider used by the Website in the event that the Customer does not expressly choose payment methods managed by other third party providers - or by other third party payment providers (e.g. PayPal), including by means of redirection to the website of such third party providers. In such cases of redirection to the website of third parties (e.g. PayPal), the Customer shall make payment for the Products in accordance with the procedure envisaged and regulated by the third parties themselves, and with the terms and conditions agreed between the Customer and the third parties, in accordance with the provisions of their respective privacy policies, to which CANALI is unconnected.
10.4 Third parties shall be solely responsible for processing and storing payment information, including credit card details, in a protected and secure environment.
10.5 In the event of an Order cancellation, rejection and in all other cases of reimbursement, for any reason whatsoever, including cases of return of Products pursuant to Article 13.13 below, the amount of the reimbursement due to the Customer ("Reimbursement Amount") shall be credited to the same payment method originally chosen by the Customer. The crediting time varies depending on the payment method chosen at the time of purchase. Once the Reimbursement Amount has been credited to the Customer, CANALI cannot be held liable for any delays or omissions in crediting the Reimbursement Amount to the Customer.

11. Method of shipment and delivery of Products

11.1 Product delivery is made exclusively within the Territory referred to by the version of the Website to which the Customer is connected and which is used by the Customer for the purchase. No delivery may be made to post office boxes. It is possible to send the purchase to a recipient residing or located in a country other than the country in which the Customer resides/locates, provided that the Customer makes the purchase from the local website of the country in which the recipient resides or is located.
11.2 Shipping of the Products is available to addresses within the continental United States, as well as Alaska and Hawaii. The Customer has the option of using the following shipping methods, where actually available:
1) Standard Service: delivery is made to the address indicated by the Customer or to the express courier delivery point, normally within 7 working days;
2) Boutique Pick Up Service with collection normally within 7 working days exclusively at the CANALI boutiques where the service is available, all of which are listed on the Website in the Delivery and Shipping section.
3) Express Service: with delivery within 2-3 working days, possible only to the address indicated by the Customer at the time of purchase. Express Service and other shipping methods different from Standard Service may not be available for shipments to Hawaii or Alaska.
Shipping or delivery to post office boxes is not available.
11.3 It is understood that the delivery terms indicated above are purely indicative, however, the delivery will be made within the legal term, except in cases of force majeure, as per Article 16 below.
11.4 The costs for the delivery methods mentioned in points 1) and 2) above are included in the sales price, whereas, if the Customer selects the "Express Service" delivery method, mentioned in point 3), any additional shipping costs may be charged to the Customer. The Customer shall in any case be informed in advance of any such additional shipping costs. CANALI may but is not obligated to offer free shipping on certain Orders, which will be reflected in the shopping cart at checkout .
11.5 Any additional costs that the Customer chooses to incur for delivery via the "Express Service" are not refundable under any circumstances. In the event of return of Products, only the costs corresponding to the Standard Shipping method shall be reimbursed.
11.6 The Customer (or the authorized recipient) is invited to check the external appearance of the package and whether it has any imperfections or signs of tampering. The Customer, if possible, is invited to proceed to open the package in the presence of the carrier to check the condition of the Product contained therein.

11.7 In the event that the Product is damaged, the Customer (or the consignee in charge) shall record in writing, on the delivery note, all damages found. Any claims shall be made in the manner set forth in Article 14 below.

11.8 In cases where the Customer makes a claim for loss, non-conformity or damage to the Product due to shipping, CANALI shall refund the amounts received for said Product including Standard Service shipping, following due verification.

11.9 Collection in boutiques / at express courier collection points. CANALI, where this service is available, offers its Customers the opportunity to pick up the Products purchased on the Website at some of its boutiques or at express courier pick-up points. The Customer, before concluding the purchase procedure, has to select, in the appropriate section of the Website, one of the options "Pick up in boutique" or "Pick up at express courier pick-up point", and chooses an address from those available in the list published on the Website. CANALI shall send an e-mail to the Customer when the Products purchased have arrived at the chosen address, advising the same that the Products are available for collection for a maximum of 10 days from the sending of such communication. Upon expiry of this period, the Products purchased may be considered by CANALI as returned and, in this case, such Products return to the availability of CANALI, which proceeds to reimburse the Customer for the purchase price of such Products, including shipping. On receipt of the confirmation email, the Customer has to go in person to collect the Products purchased by showing the confirmation email together with an identification document. The same terms and conditions applicable to the return as set out in Article 13 of these Terms shall apply to Products collected at the boutique and at an express courier pick-up point.

11.10 In all cases where the Customer has delegated another person to pick up the Products at the express courier's pick-up points or at the channel boutiques, the Products shall be delivered to the delegate only upon presentation of a copy of the e-mail containing the reference number of the purchase, together with the proxy for the pick-up signed by the Customer. A model of proxy pick-up is available here. Please note that the staff may require the person delegated by the Customer to present his or her identity document for verification purposes. The express courier or boutique sales staff may refuse to deliver the Products if this procedure for collection is not respected.

11.11 If supply of goods is delayed by an event outside CANALI’s control, such as a postal strike or disruption in our supply chain, CANALI will contact the Customer as soon as possible to let the Customer’s know and do what CANALI can to reduce the delay. As long as CANALI does this, CANALI won't compensate you for the delay, but if the delay is likely to be substantial the Customer can contact CANALI Customer Service to end the contract and receive a refund for any goods the Customer has paid for in advance, but not received. Canali shall not be liable for any damages.

12. Gift wrapping

CANALI offers the Customer who purchases for himself/herself or for a third party ("Beneficiary"), within the Territory, the possibility of purchasing gift wrapping, at no extra cost to the Customer.

13. Return of Products

13.1 The Customer who has purchased Products on the Website may return Products, whether defective or not, without paying any penalty and without stating a reason, within 30 days from the date of delivery of the Products to the Customer or to a third party. Once this period has expired, the return will no longer be accepted. The 30 day-period of time shall run as follows:
a. in the case of a contract of sale of a single good (purchase of a single Product), from the day on which the Customer or a third party other than the carrier and appointed by the Customer acquires physical possession of the Product;
b. in the case of a contract for multiple goods ordered by the Customer in a single order (purchase of several Products in the same order) and delivered separately, from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last Product.

13.2 The same terms as above shall apply in the event that the Product is purchased for the Beneficiary.

13.3 The faculty to return Products without cause is excluded for:
• Products made to measure or otherwise customized, even if customized after purchase; and
• Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

13.4 In order to return Products, Customers, having their own account, may follow the online procedure in the reserved "My Account" section, or may send CANALI Customer Service another type of communication of their decision to return Products, under the terms indicated in this article. For any clarification, they may always contact Customer Service.

13.5 If the Customer decides to initiate the return procedure by accessing his/her account, he/she may do so by following the steps below: (i) select the Order for which the return is to be made; (ii) complete the online form; (iii) select the Products to be returned; (iv) optionally, indicate the reason for the return; (v) select the chosen return method; (vi) confirm everything; (vii) select the "Return Items" option.

13.6 If Customers do not have their own account, it may, in any case, send CANALI Customer Service either a notice - by which informing about the decision to return Products under the terms set out in this Article - or use the form available at the end of current art. 13, in relation to which CANALI, once it has received such a form, shall send the Customer a written confirmation of receipt of return without delay.

13.7 The Products have to be returned, without undue delay and, in any event, within 14 days from the notification to CANALI of the return, complete with all the original packaging and labelling (including, boxes, accessories, tags, anti-use tag, labels, bags), and shall not have been used, washed or damaged. The sole of the footwear must be intact. The Customer shall return the Product by affixing the self-adhesive coupon bearing the return code of the express courier supplied at the time of delivery to the return package.

13.8 If the Customer adheres to one of the following return methods, the same shall be free of charge and the Customer shall be exonerated from any liability in the event of loss of or damage to the Products during transport:
• delivery of the return at an express courier pick-up point;
• collection at the express courier's own address;
• delivery of the returned goods to a CANALI boutique authorized to collect them.

13.9 In the event that the Customer decides to use a return shipment method other than those indicated above, the Customer shall be responsible for any liability for theft or loss of or damage to the Product, as well as shipping costs, for which CANALI shall only reimburse an amount equivalent to the cost of Standard Shipping.

13.10 Returns received shall then be checked by CANALI. In the event of problems with the return, the Customer shall be contacted by CANALI Customer Service for further clarification. CANALI reserves the right to refuse the return of any Products that are damaged, incomplete, deteriorated and/or dirty or in any state that suggests that the Products have been used.

13.11 If the Customer claims to have received damaged Products, the same have to be returned as received by the Customer, without any modification or attempt to repair them.

13.12 If the terms and conditions for exercising the return are not respected, the Customer shall not be entitled to a refund.

13.13 If the return meets the requirements, CANALI shall proceed with the refund within 14 days of the Customer's notice of return. However, CANALI may withhold the refund until it has received the Product.

13.14 The Customer shall be refunded all the payments made to CANALI for the returned Product, including delivery and return costs corresponding to the Standard Shipping method. These refunds shall be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise with CANALI.

13.15 The Beneficiary wishing to return a gift may contact the Customer Service directly and follow the instructions for doing so. In no case may the relevant refund be made to a Beneficiary who has received the Product as a gift from a Customer. Refunds shall always be made directly to the Customer.

13.16 Please note that the Customer can always ask for any information, including After-Sales Service, to our Customer Service and can always contact the Seller, by phone, at the following number: 1-855 893 8164 (from the USA) or by e-mail at: customer.care@canali.com, as indicated in article 1.3 above.

Model Return Form available here

THE REMEDIES DESCRIBED ABOVE IN THIS SECTION 13 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND CANALI’S ENTIRE OBLIGATION AND LIABILITY FOR ANY DEFECTIVE PRODUCT.

13.17 PRODUCTS ARE SOLD "AS-IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF SUCH PRODUCTS. BY ACCEPTING THE PRODUCTS AND FAILING TO FOLLOW THE PROCEDURES DESCRIBED IN THIS SECTION 13, YOU ACCEPT THE PRODUCTS "AS-IS".

CANALI MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

14. Product Authenticity and Industrial and Intellectual Property Rights

CANALI guarantees the authenticity of all Products offered for sale on the Website. All CANALI trademarks, including figurative and non-figurative trademarks, logos, and/or distinctive signs containing the words "CANALI" and/or more in general bearing the Canali products or services and/or referred to the Canali world and reproduced on the Website or used in connection with the Website and Canali.com are registered trademarks, trade names, distinctive signs and/or domain names (“Signs”) owned by Canali Ireland Ltd, Canali SpA Unipersonale and/or by other Canali Companies. All the contents of the Website and, more generally, all web pages, text, images, photographs, film clips, videos, music, sounds, drawings and models, diagrams, catalogues, graphics, colours and layouts present on the Website, on the Products, accessories and packaging (“Contents”) are and remain the property of Canali SpA Unipersonale and/or by other Canali Companies, without the Customer having any rights over them as a result of access to the Website. The total or partial reproduction, modification or use of these Signs, Contents, or other intellectual or industrial property rights is strictly prohibited without the prior written consent of Canali Companies.

15. Force Majeure

The performance of services by CANALI may be suspended in the event of the occurrence of a fortuitous event or force majeure, by which is meant an unforeseen and unforeseeable event that prevents the Order from being executed, such as, for example, national strikes, earthquakes, floods, war events, pandemics, epidemics (with regard to the delivery of raw materials) and the like, which prevents or delays its execution, insofar as CANALI is not responsible for such event. CANALI shall inform the Customer of the occurrence of unforeseeable circumstances or force majeure without undue delay and in any case within 7 days of their occurrence. Should the suspension of performance last longer than 15 days, the Customer shall have the option of cancelling the Order placed, with full reimbursement of any amounts already paid.

16. Data Protection

In the Legal Area of the Website, the Customer can obtain all information concerning the processing of his/her personal data by accessing both the privacy policy and the cookie policy used by the Website.

17. Applicable laws and competent jurisdiction

17.1 This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
17.2 Any controversy, claim, or dispute, whether based on tort or contract, arising out of or relating to this Agreement, or to any aspect of Agency’s services or either party’s obligations hereunder, shall be settled by final and binding arbitration in the City of New York, New York, USA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one (1) arbitrator, in the English language. Any arbitration award rendered shall be binding, final and conclusive upon all parties, and judgment thereon may be entered in any Court having jurisdiction thereof. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the other party.

18. Limitation of Liability

18.1 OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
18.2 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Last updated as of January 2023