Terms and Conditions
OVERVIEW
Welcome to Maricla della Valle! The terms "we", "us", and "our" refer to Maricla della Valle. Maricla della Valle operates this store and website, including the information, content, functionality, tools, products and services, in order to provide you, the customer, with a convenient shopping experience (the "Services"). Maricla della Valle is powered by Shopify, which allows us to provide the Services to you.
The terms and conditions below, together with any notices contained therein (“Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms and Conditions of Service, you represent that you are at least 18 years of age in the state or province in which you reside, and that you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased or operated by you.
To use the Services, including accessing or browsing online stores or purchasing products and services offered by us, you may be asked to provide certain information such as your email address and billing, payment, and shipping information. You represent and warrant that all information provided by you in our stores is accurate, current, and complete and that you have all rights necessary to provide such information.
Your account activity and the protection of your account credentials are your responsibility. You will not transfer, sell, assign, or license your account to anyone else.
SECTION 2 - OUR PRODUCTS
We have made every effort to accurately present our products and services in our online stores. However, the display of colors and appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those described or shown in our online stores.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and to limit quantities of any product offered to any person, geographic area or jurisdiction from time to time.
SECTION 3 - ORDERS
When you place an order you are making an offer to purchase. Maricla della Valle reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not confirmed until Maricla della Valle confirms acceptance. We must receive and process payment before accepting an order. Please review your order carefully before submitting it, as Maricla della Valle may not be able to honor requests to cancel an order after acceptance. If we decline, modify, or cancel an order, we will notify you by contacting you via the email, billing address, and/or phone number you provided when placing your order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that you are making purchases for your personal or family use and not for resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time you submit your order, and you will be able to view the price in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs, shipping, handling and import charges.
Prices posted in our online stores may differ from prices offered in physical or online stores or other stores operated by third parties. We may occasionally offer offers on the Services that affect prices and which are subject to terms and conditions that are separate from these Terms. In the event of a conflict between the terms of an offer and these Terms, the terms of the offer will prevail.
For all purchases made at our stores, you agree to provide accurate, current and complete purchase, payment and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are authorized to use such credit card for purchases, (iii) charges charged to you will be fulfilled by your credit card company, and (iv) you will pay the charges charged to you in accordance with the posted prices, including shipping and handling charges and all other taxes if applicable.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures or events beyond our control. Once the products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, visualizations, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are the property of Maricla della Valle, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms allow you to use the Services for your personal, non-commercial use only. You will not reproduce, distribute, modify, create copies, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our express written consent. Except as expressly stated, nothing in these Terms grants or may be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Maricla della Valle, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Maricla della Valle.
The Maricla della Valle names, logos, product and service names, designs, and slogans are trademarks of Maricla della Valle or its affiliates or licensors. You may not use such trademarks without the written permission of Maricla della Valle. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not review, control, or incorporate.
You understand and agree that we provide access to such tools ”as is” and “as available” without any kind of warranty, representation or condition and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is at your own risk and discretion and you should be familiar with and approve of the terms on which such tools are based and provided by the relevant third-party provider(s).
We may, in the future, offer new features through the Services (including, the release of new tools and resources). Such new features will be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you choose to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any problems or harm related to your access to third-party websites or your purchase or use of any products, services, resources, or content on third-party websites. Please review carefully the applicable third-party's policies and practices and understand them before you engage in any transaction. Complaints, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - YOUR RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section details Shopify's relationship with your store and should not be removed or edited.]
Maricla della Valle is operated by Shopify, which allows us to provide you with the Services. However, sales and purchases made by you on our Store are made directly with Maricla della Valle. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and Maricla della Valle, including any injuries, damages, or losses resulting from your purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to purchases and transactions made by you with Maricla della Valle.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, which can be found here . By using the Services, you acknowledge that you have read those privacy policies.
As part of supporting the Services, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. In order to provide and improve the Services for you, the data you submit to the Services will be transmitted to and shared with Shopify and third parties who may be located in countries other than your own. See our privacy policy [LINK] for more information about how we, Shopify, and our partners use your personal data.
SECTION 11 - FEEDBACK
When you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial purposes. For example, we may enforce our rights under this license to operate, provide, evaluate, improve, enhance and promote the Services, and to perform our obligations and exercise our rights as set forth in the Terms of Service.
You further acknowledge and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives you receive for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.
Although we have no obligation to, we may monitor, edit or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, individuality, or any other personal or proprietary rights. You also confirm that your Feedback will not contain any defamatory or otherwise unlawful, offensive, or obscene content, or contain any viruses or other computer malware that could affect the operation of the Services or any related website. You will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We assume no responsibility for Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or included in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, promotions, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if errors occur at any time without prior notice (including after an order has been submitted).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for: (a) any illegal or malicious purpose; (b) to violate any local, provincial, state, federal, or international regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, bully, abuse, harm, defame, slander, disparage, intimidate, or otherwise harm our employees or anyone else; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including "junk email," "chain letters," "spam," or other similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; (i) engage in any other conduct that inhibits or inhibits any other person from using or accessing the Services, or that we deem to be harmful to Maricla della Valle, Shopify, or users of the Services, or exposes them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any portion of the Services; (c) collect or track other people's personal data; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or circumvent the security features of the Services or related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at any time at our discretion without notice; you will continue to be liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Limitation of Warranty, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy, and any other provisions that by their nature survive termination.
SECTION 15 - LIMITATION OF WARRANTY
The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. You rely on such information solely at your own risk. We assume no liability or responsibility for any such materials by you, any visitor to the Services, or anyone who may be informed of any such contents.
EXCEPT AS EXPRESSLY STATED BY Maricla della Valle, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Maricla della Valle, OUR OR SHOPIFY AND ITS AFFILIATES’ PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST REVENUE, LOSS OF DATA, COSTS OF REPLACEMENT OR OTHER SIMILAR DAMAGES, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. OR ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES; OR FOR ANY OTHER CLAIMS RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold Maricla della Valle, Shopify and our affiliates, partners, officers, directors, employees, agents, dealers, licensors and service providers harmless from any loss, damage, liability or claim, including reasonable attorneys' fees, made by any third-party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access to and use of the Services.
We will notify you of any compensable claims, provided that non-immediate notification does not relieve you of your obligations unless you are materially affected. We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-financial obligations on your part without your consent (which may not be unreasonably withheld). You will cooperate in the defense of non-compensated claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms and Conditions of Service is held to be unlawful, void or unenforceable, it shall not be enforceable to the extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Shopify’s failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between us and you, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between us and you (including but not limited to any prior versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the contracting party.
SECTION 20 - ASSIGNMENT
You shall not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any such attempt will be futile and void. We may transfer, assign or delegate these Terms and our rights and obligations without notice to you or your consent.
SECTION 21 - APPLICABLE LAWS
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in the federal, state or territorial courts in the jurisdiction in which Maricla della Valle is located. You and Maricla della Valle consent to venue and personal jurisdiction in those courts.
SECTION 22 - TITLES
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can review the current version of the Terms and Conditions of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date indicated in the notice. Your continued use of or access to the Services following any changes to the Terms of Service constitutes your acceptance of those changes.
SECTION 24 - CONTACT DETAILS
Questions regarding the Terms and Conditions of Service should be sent to info@dellavallestore.it.
Our contact details are given below:
[INSERT TRADING NAME]
info@dellavallestore.it
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]