Welcome to the BUON’ITALIA website. The following terms (the “Terms”) govern your access to and use of this website, www.buonitalia.com (the “Website”). All use of the Website and the Content (as defined below) is subject to the Terms.
By using the Website, you acknowledge that you have read, understood and agree to comply with the Terms, and are entering into a binding legal agreement with BUON’ITALIA. If you do not agree with anything contained in the Terms, please do not submit information to, access information from, or otherwise utilize the Website.
Users of this Website, including owners, employees, agents and affiliates of any business, corporation, partnership or other organization or entity that is, or is considering becoming a user of the Website, are referred to as “you” or “your.”
MISONO FOOD LTD./DBA BUON’ITALIA together with its applicable subsidiaries, affiliates, assignees, successors, or its and their respective officers, directors, employees and agents are referred to as “BUON’ITALIA,” “we,” “us,” or “our.” Together, you and we may be collectively referred to as “Parties.”
USE OF WEBSITE
The Website is for the sole use of individuals, and entities (a business, corporation, partnership or other organization or entity, together with its applicable subsidiaries, affiliates, assignees, successors and its and their respective officers, directors, employees and agents) (“Customer”) wishing to review, consider, purchase or otherwise engage in retail transactions involving BUON’ITALIA’s goods and services and/or to otherwise transact business with or contact BUON’ITALIA, on their own behalf or on behalf of their intended recipients. No information concerning the transactional preferences of a Customer can be entered, altered, modified or otherwise affected, by any third party on behalf of the Customer.
All of the content you see on this Website, including, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (“Content”) is the exclusive property of BUON’ITALIA and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by BUON’ITALIA, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to BUON’ITALIA. The entire Content of the Website is copyrighted as a collective work under U.S. and other applicable copyright laws, and BUON’ITALIA owns a copyright in the selection, coordination, arrangement and enhancement of the Content. As a user of the Website, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to BUON’ITALIA. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. BUON’ITALIA reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of BUON’ITALIA.
We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent or submitted to the Website shall be and remain the exclusive property of BUON’ITALIA. Your submission of any such Comments hereby constitutes an assignment to BUON’ITALIA of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. BUON’ITALIA will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
We have done our best to display as accurately as possible the colors of the products shown on the Website. Because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
PRODUCT PRICING INFORMATION
The prices displayed on the Website may differ from prices that are available in-store. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States. You are responsible for paying all applicable sales or use taxes which may be levied by your state. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price.
DISCLAIMER OF WARRANTIES
This Website is provided to you on an “as is” and “as available” basis. This means that we do not represent or warrant to you that the Content or Website will not have errors, omissions, or interruptions or that the Content or Website will be free of viruses, malware or other harmful components, scripts, software or code.
BUON’ITALIA expressly disclaims all express, implied and statutory warranties to you or any third party, and any warranties or conditions arising through course of dealing, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
BUON’ITALIA’s aggregate total liability to you, and your sole remedy against BUON’ITALIA, arising out of or relating to your use of the Website shall not exceed the total amount you paid to BUON’ITALIA for the single transaction you completed during such time as your claim arose. BUON’ITALIA shall not be liable to you for any indirect, consequential, special, incidental, or punitive damages arising out of or relating to this Website and/or the Contents of this Website, including but not limited to loss of use and loss of profits.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, intentional misconduct, or fraud of BUON’ITALIA arising out of or relating to this Website and/or the Contents of this Website.
From time to time, there may be information on this Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. BUON’ITALIA reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted your order.
CHOICE OF LAW; FORUM; SEVERABILITY
The Terms and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.
We and you hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the “New York Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the Terms (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the Terms, the rights and obligations of you and us hereunder or any transaction between us that arises from the Website.
MODIFICATIONS TO THE TERMS AND THE WEBSITE
BUON’ITALIA reserves the right to update or modify these terms and conditions at any time without prior notice. It is your responsibility to review the Terms from time to time to see if modifications have been made. Your use of the Website following any such change will conclusively indicate that you accept those changes.
QUESTIONS OR COMMENTS
If there are any questions regarding our Terms of Service you may contact us using the following information:
Customer Service Department
75 9th Avenue
New York, NY 10011
Effective Date: August 3, 2017
Last Modified: August 3, 2017
Policy Last Updated: August 3, 2017