Terms and Conditions

USER CONTRACT
Welcome to Bandelina.com. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE. Bandelina.com collectively referred to herein as “Bandelina.com”, reserve the right to change, modify or amend these terms and conditions without notice. For this reason, we encourage you to review these Terms and Conditions whenever you use this site.

PRODUCTS and SERVICES
Products and services provided by Bandelina.com are for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

ORDER RESPONSIBILITY
The customer is fully responsible for final proof and layout approval prior to the printing process.  Any jobs that have been approved and/or or sent to press cannot be altered or changed due to the nature of the printing process, and no refund will be given.
 
Bandelina.com, 2531181 Ontario Inc. or its subsidiaries collectively referred to herein as “Bandelina.com”, shall NOT be LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size, Poor Orientation or Alignment. 

PROOFS 
An online proof will be available for your review after you have uploaded your files. We strongly urge customers to check the electronic proof of their artwork before submitting the order.  No job will be sent to press without your approval. 

An online proof is NOT an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. They also do not show the color change from RGB or Pantone to CMYK.  Therefore, Bandelina.com will not be liable for color variation between the proof and the printed product.  We will try our best to match the colors of the proof and the printed product but please understand that color variation differences are inherent inconsistencies of the printing process and we will not be held responsible for it. It is the customer's responsibility to determine if the job is colour critical.
 
The proof should be checked by you against the original file for possible errors in layout, copy, spacing, punctuation, or image placement. You, the Customer are fully responsible for all that is contained in the final approved proof, so please make sure you review it thoroughly.

ARTWORK
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

Art Resolution Requirements
All artwork, designs, and images must be provided in a minimum of 300 DPI and CMYK color mode. Bandelina.com is NOT RESPONSIBLE for images printed as fuzzy, distorted, or pixilated due to low-resolution artwork provided by the customer, especially if it is approved by the customer already. Bandelina.com is also not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.

Color Accuracy
Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting them to Bandelina.com. Bandelina.com is not responsible for any issues as to the orientation or alignment of the pages of your submitted documents. By submitting the artwork to Bandelina.com, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints, or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for the loss or damage of images or artwork.  Bandelina.com is also not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.  For submitted artwork, please use CMYK color codes for the best printing results.

Bandelina.com uses sublimation printing which is subject to a 10% color variance. If a job is colour critical, then the necessary attention it needs cannot be attained in a sublimation format. 

Bleed and Margin Requirements 
Since cutting cannot be guaranteed to be exactly in the same place for a large quantity of print products, you must stretch the background (if there is one) 0.125 inch outside of the trim line on each side (this is called a “bleed”) and place all critical elements (text, images, graphic elements, logos, etc.) 0.125 inch inward on each side from the trim line. Anything left too close to the trim line within 0.125 inch inward or 0.125 inch outward may be cut.  Please allow for a cutting tolerance of 0.250 inch.  We recommend no borders due to shifting in the cutting process because they may appear uneven. Please refer to our templates for visuals: http://www.Bandelina.com/Specs

Customer Content
All information, data, text, photographs, graphics, messages or other materials are the sole responsibility of the person from which the content originated. By uploading your text and artwork you, the customer, agree to be held entirely responsible for all the content that you send, upload, transmit, or post to Bandelina.com. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. 

You agree not to use our Website to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy, or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of Canada, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Bandelina.com or any third party. 

Bandelina.com does not control the content provided by customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Bandelina.com be liable to you in any way for any content you may be exposed to that you may find offensive, indecent or objectionable. 

You acknowledge that Bandelina.com does not pre-screen content, but that we have the right (but not the obligation) in our sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. 

You further acknowledge and agree that Bandelina.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Bandelina.com, its users and the public.

Graphic Design Services
By ordering and using our graphic design services, you, the customer, agree that all designs created and revised by employees of 2531181 Ontario Inc. are the sole intellectual property of 2531181 Ontario Inc.  Therefore, this artwork cannot be released to the customer unless there is a written agreement with payment provided to compensate 2531181 Ontario Inc. for releasing its intellectual property and/or transferring over copyright rights.

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ACCOUNT ACCESS and PASSWORDS

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

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Reproductions of Currency

Section 457 of the Canadian Criminal Code provides that anyone who makes, publishes, prints, executes, issues, distributes or circulates, including, by electronic or computer-assisted means, anything in the likeness of a current banknote is guilty of an offence punishable on summary conviction. 

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Copyright:

According to Subsection 42(1) of the Canadian Copyright Act, it is an offence to knowingly make for sale, sell, import for sale, or by way of trade, expose for sale or exhibit a copy of a work that infringes copyright. Anyone who commits this crime is punishable on summary conviction.

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Reference:

https://laws-lois.justice.gc.ca/eng/acts/C-42/Index.html

https://laws-lois.justice.gc.ca/eng/acts/c-46/page-95.html

The information on this page is based on information presented on the Government Websites referenced above at the time this document was placed online. Check the site (https://laws-lois.justice.gc.ca/eng/) for updates and changes to the law prior to relying on the information presented here. 

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Although we try to check customer artwork for these requirements, we do not guarantee, nor do we take any responsibility if a reprint is required due to customer-supplied artwork not meeting legal restrictions.

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PAYMENT

All prices and amounts given on Bandelina.com are in Canadian Dollars ($CDN), unless otherwise noted. 

If a customer purchases any products or services at Bandelina.com, the customer agrees to fully pay for all charges, including taxes and shipping/handling fees, by credit card or with an approved payment method BEFORE we complete an order. We will not start working on a print job until we have received the full payment.

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Once a print job has been approved by the customer, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to our prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise agreed upon in advance. 

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Sales Tax Policy

Bandelina.com charges Ontario Harmonized Sales tax based on all orders unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate at the time of order.

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Job Cancellation & Printing Downgrade

A processing fee equal to 15% of the total order amount (minimum of $15) will be charged for each job cancellation and printing downgrade (downgrade in quantity and shipping) if it is requested BEFORE it is sent to the press.  Once an order has been sent to the press and/or work has been started, the job CANNOT be changed (job cancellation and printing downgrade not allowed) and there will be NO REFUNDS.

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Refund Policy

All sales are final. Since we customize each order according to your file and exact specifications, no refunds will be given once Bandelina.com starts working on your order. Usually, work will begin on your job as soon as we have received your files and payment. In the event that we have not started working on a specific order or it has not been sent to the press yet, we may allow a partial refund subject to the cancellation processing fee referenced in the paragraph above. However, any labour hours (proofs, graphic design, etc.) or administrative fees (credit card fees, etc.) will be subtracted from your refund. We will not accept any refund requests after 7 days from the date you placed the order.

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Limit of Liability

Customers must notify Bandelina.com within 30 business days of the date of delivery or date of pick-up of any defects discovered in the printed product. 100% of the product must be returned to Bandelina.com at the customer's expense within 30 days from the date of delivery or date or pick-up. If we accept the claim as valid, Bandelina.com will reprint the order and ship it back at no cost to the customer.  Charges to rush print are non-refundable. Bandelina.com assumes no liability beyond the price of your order.  

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Errors that we are not responsible for include, but are not limited to: Any spelling, graphics, grammar, punctuation, bleed, orientation/alignment, folding mistakes that are approved by the customer.  We are not responsible for damaged fonts, wrong cuts, die lines, crop marks, transparency, overprint, cracks on folds, or finished product size because these inconsistencies are inherent to the printing process.

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Each order placed through Bandelina.com is a contract between the customer making the order and Bandelina.com. The fact that you have made an order on behalf of a third party does not absolve you of liability to Bandelina.com.  Any decision by a third party not to accept printed items or to cancel the order with you does not affect your liability to Bandelina.com.

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Marketing Promotions and Discounts

Please Note: All prices and specifications are subject to change without notice. No adjustments will be made after an order is placed. Check our home page for updated online prices. Special Offers are not valid for previous purchases before the promotion start date or after the promotion expiration date. Our promotions apply to printing charges only.  Custom quotes, mailing postage, shipping charges, and sales tax, etc. are excluded from our discounted offers. Multiple promotions and discounts cannot be combined.

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TURNAROUND TIME

Turnaround time on printing orders begins once full payment has been received for your order, AND your print-ready files have been uploaded to your account, attached to your printing job, and approved for printing. 

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For printing jobs that do not have complete digital source files provided or have submitted files that are not print-ready (and causes a delay), printing turnaround begins when we have your print-ready file(s), not from when the order was first submitted.  

All turnaround times are based on business days and office hours: Monday through Friday 9 am - 6 pm Eastern Standard Time (EST), excluding all national and federal holidays. 

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All jobs with standard turnaround times submitted and approved before 9 am EST on any given working business day will begin production (day 1 of turnaround time) that day.  If the order is submitted and approved after 9 am PST on any business day, the job will begin production (day 1 of turnaround time) the following business day. If the job is submitted and approved on a weekend, the job will begin production on the next business day.

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The estimated production turnaround on this site is based on the typical number of hours or days that a print job requires to complete under normal circumstances, excluding Saturdays, Sundays, and holidays. Bandelina.com is closed Saturdays, Sundays, and holidays, so these days are not considered when calculating printing turnaround time.

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In addition, while Production Turnaround includes printing, cutting, and packaging, it does not include mailing or shipping transit times.  Since you are having the order shipped, you should allow additional business days for delivery based on the shipping method you select. 

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Annual Bandelina.com non-production dates:  New Year’s day on January 1, Good Friday whenever it falls, Victoria Day on the third Monday in May, Canada Day on July 1, Labor Day on the first Monday in September, Thanksgiving on the second Monday in October, Christmas on December 25 and Boxing Day December 26.

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Time-Sensitive Jobs

We will not refund a job based on turnaround time.  If you have a time-sensitive job, please be sure to notify customer service. Cancellation of a job based on turnaround time is permitted ONLY if the Office Manager agrees to these terms in writing as a condition when the customer places the order. 

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Low-Quality Artwork

If we deem that submitted artwork is low-quality (i.e. low resolution) which will cause low-quality prints, we may put your job ON HOLD until you re-submit and re-approve new artwork.  This time is NOT INCLUDED in the turnaround time.  Furthermore, the customer is 100% responsible if the artwork they submit is low quality, and in turn, the products produced are low-quality.

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Rush Options

For rush orders, orders and files must be submitted by 9:00 A.M PST (12 noon EST) for that day to count as the first day in the Turnaround Time.  If you submit after 9:00 A.M. PST, the first day of the Turnaround Time will be the next business day.

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OVERPRINT and UNDERPRINT POLICY

Due to our gang-run method of production that Bandelina.com uses (printing several print jobs together on the same print run, thus spreading the cost of printing amongst all jobs on the form to lower the cost for our customers), we cannot guarantee that every order will be the exact number of items ordered. 

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We can only guarantee that the quantity printed will be within plus or minus 10% of the quantity ordered.  If the order given is short an amount that exceeds 10% of the quantity ordered, we will prorate that credit for the next reorder.

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SHIPPING

No refund on shipping charges will be allowed on any job once it has shipped.  

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Bandelina.com ships jobs via FedEx.  Our responsibility is limited to preparing your printing order and delivering it to FedEx for delivery.  

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Once a package is shipped, Bandelina.com is not responsible and will not be liable for late or damaged packages during the shipping process.  

Please keep in mind that shipping transit time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up by FedEx.  Arrival dates are only estimates because they can be subject to unforeseen delays in transit. 

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Bandelina.com is not responsible for any delays in shipping and we will not upgrade the shipping method to accommodate a missed estimated ship date. Customers may feel free to upgrade the shipping method before we ship at their own expense.

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If a package is not delivered due to an error made by the customer in submitting the proper shipping address, Bandelina.com will reship the package with the corrected address and charge an additional non-refundable shipping/handling fee for the shipment.

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PRODUCT RIGHTS

Bandelina.com reserves the right to show customers samples of any products we have printed and/or designed.

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RIGHT TO REFUSE SERVICE

Bandelina.com reserves the right to cancel or otherwise refuse print jobs it deems are obscene or offensive, hateful, discriminatory, or inflammatory. Bandelina.com reserves the right to charge the customer for services rendered up to the point that the job was canceled.

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GENERAL TERMS AND CONDITIONS

Copyright Notice

You, the User, acknowledge that all content included on the Bandelina.com website, including without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of 2531181 Ontario Inc. and/or its subsidiaries (referred to herein as 2531181 Ontario Inc.) or the copyrighted property of parties from whom 2531181 Ontario Inc. has licensed such property, without the written consent of 2531181 Ontario Inc.and/or its various third-party providers. It is strictly prohibited to use, copy, reproduce, republish, upload, post, or transmit any content to or from the Bandelina.com Website, in all forms, media, and technologies. It is also prohibited to use any robot, spider, or other automatic devices, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of the owner.

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You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any trademarks, service marks, or logos (including words, names, and designs) that are not owned by you or licensed to you onto materials and merchandise to be printed with Bandelina.com printing services. You shall not use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works where the copyright owner's exclusive rights prohibit the reproduction of any original work. Bandelina.com policy strictly prohibits the use of explicit language or pornography on printed materials and merchandise.

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Governing Law

Bandelina.com is operated within and under the Laws of the Province of Ontario. As such, the laws of the Province of Ontario will govern the Terms of Use of this Website and any business conducted thereby.  If you choose to access our site, you also agree to do so subject to the Laws of the Province of Ontario. We make no representation that our website or other services are appropriate, legal or available for use in other locations. You consent to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada for all disputes arising out of or relating to the Terms and Conditions and use of this Site. 

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The user assumes all knowledge and understanding of applicable law and is responsible for compliance with any such laws. Users may not use Bandelina.com’s services to transmit any material that violates applicable provincial, federal, or international laws, regulations, or other government requirements in any way. 

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Indemnification

You agree to defend, indemnify and hold harmless Bandelina.com, 2531181 Ontario Inc., their employees and affiliates against any and all claims, damages, legal fees, costs, and expenses arising from or related to your use of the Site or related to customer-submitted content. You also certify that you own rights to or have a license for the content or image(s) being used in your order.

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Transfer of Title

Once Bandelina.com ships the order, the customer agrees that ownership and responsibility of the printed products transfer to the customer.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 

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For any product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such product shall be deemed to have occurred at the time we transmit the product via email or other electronic communication addressed to the customer. 

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Disclaimer of Warranties

Bandelina.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of the use of this Website in terms of correctness, accuracy, reliability, etc. to the fullest extent permitted by applicable law.  Bandelina.com also will not be liable for any interruptions in the availability or use of this Website. 

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Limitation of Liability

In no event shall 2531181 Ontario Inc., its vendors, employees, or affiliates be liable for any injury, death, loss, claim, accident, delay, or any other direct, indirect, consequential, or incidental damages resulting from loss of use, data or profits, arising out of or related to this Website, or the information contained within it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. In no event shall Bandelina.com or 2531181 Ontario Inc. be liable for any damages or consequences arising from or related to your inappropriate or unauthorized use of the Site or its content.

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Attorney's Fees

If a suit, action, arbitration, or other proceedings of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.

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Email Notifications

By creating an account or purchasing an order through Bandelina.com, you agree to receive emails related to the status of your account or purchase order, including job status changes, job shipment, or job-related warnings such as delays or art issues. You cannot unsubscribe to these emails because they are necessary to facilitate communication between Bandelina.com and its customers.  

You agree to promptly update your membership or registration information (if applicable) in order to keep it current, complete, and accurate. Bandelina.com is not responsible for email notifications that are redirected or not received in the inbox due to an incorrect email provided by the customer, or customer's email filter settings that do not allow acceptance of our emails, or any other technical difficulties beyond our control. 

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E-mail notifications are provided as a courtesy to the customer, however, it remains the customer's responsibility to check their "My Account" page or contact a Customer Service Representative for the status of their order. 

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Periodic newsletters, product specials, promotions, sales, coupons, and time-sensitive offers are only sent to those who sign up to receive our newsletter and provide their email addresses.  You have the option to unsubscribe from these services at any time. 

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Use Restriction

You may only use this Site to make legitimate requests to purchase the products or services offered and shall not use this Site to make any speculative, false or fraudulent requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Bandelina.com. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. 

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It is a violation of law to place a request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser sends a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Bandelina.com allows the user to electronically copy and/or print hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or content on this Site, including reproduction for a purpose other than that noted above without prior written consent of Bandelina.com, is prohibited.

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User Feedback

All comments, feedback, suggestions, and ideas submitted, copied or sent to our email address become and remain the exclusive property of Bandelina.com. You relinquish all rights to such comments, feedback, suggestions, and ideas. These may be used and quoted by Bandelina.com in any medium for any purpose anywhere without obtaining your consent. Bandelina.com is not obligated to pay the person who commented any compensation for any of the comments submitted if we choose to publish the comments and the first name and first initial of the last name of the person who commented. You agree you will be solely responsible for the content of any comments you make.

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Links to other Websites/Services

Our Website contains links to outside services and resources, and any concerns regarding such services or resources should be directed to the particular outside service or resource provider. We are not responsible for the content located on any third-party site nor do we warrant the accuracy or completeness of the information or content included on the Websites of these outside services and resources, even if we provide links to them. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are therefore not responsible. We encourage all users to review said privacy policies of third-party Websites. Outside services and resources are in no way related to Bandelina.com. 

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Modifications/Termination of Usage

Bandelina.com reserves the right to modify or discontinue the Service with or without notice to the user. Bandelina.com shall not be liable to users or any third party should it exercise its right to modify or discontinue the Service. User acknowledges and accepts that Bandelina.com does not guarantee continuous, uninterrupted access to our Website, and the operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

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Terms of Agreement

The user understands and agrees to follow these Terms and Conditions, together with the Privacy Policy.  This agreement is between the user, Bandelina.com, and 2531181 Ontario Inc. and it supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified unless in writing and available on this Site. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired and shall remain valid and enforceable to the maximum extent possible.