Terms of service

OVERVIEW

Welcome to Ottica Tornese! The terms "we," "us," and "our" refer to Ottica Tornese. Ottica Tornese operates this store and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a curated shopping experience (the "Services"). Ottica Tornese is powered by Shopify, which allows us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are the age of majority in your state or region of residence 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 our online stores or purchasing any

products or services we offer, 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 you provide in our store is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device used to access the store and your device settings and configurations.

We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or match those depicted or displayed 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 may limit the quantities of any product offered to any person, geographic area, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Ottica Tornese reserves the right to accept or decline your order for any reason, at its sole discretion. Your order is not accepted until Ottica Tornese confirms acceptance. Payment must be received and processed before your order is accepted. Please review your order carefully before submitting it, as Ottica Tornese may not be able to accommodate cancellation requests after your order has been accepted. If your order is not accepted, modified, or canceled, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of ordering.

Purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions 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 indicated in the order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping, handling, customs duties, or import costs.

Prices published in our online stores may differ from prices offered in physical stores or online stores or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and which are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. 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, accurate, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred will be honored by the credit card company, and (iv) amounts charged will be paid at the posted prices, including shipping and handling charges and all applicable taxes, if any.

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, all trademarks, branding, text, display elements, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are the property of Ottica Tornese, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants, or should be construed as granting, any license or other right under any patent, trademark, copyright, or other intellectual property rights of Ottica Tornese, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Ottica Tornese.

The Ottica Tornese names, logos, product and service names, designs, and slogans are trademarks of Ottica Tornese or its affiliates or licensors. You may not use these trademarks without the prior written consent of Ottica Tornese. 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 appearing on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party customer tools as part of the Services, over which we do not monitor, control, or influence.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability of any kind arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and conditions on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including, the release of new tools and resources). Such new features will also be considered part of the Services and 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 any integrated 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 third-party materials or websites, you do so at your own risk.

We are not responsible for any harm or damages related to your access to third-party websites or the purchase or use of products, services, resources, or content found on third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANTS: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]

Ottica Tornese is powered by Shopify, which allows us to provide you with the Services. However, all sales and purchases made on our store are made directly with Ottica Tornese. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Ottica Tornese, including any damages, injuries, or losses resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Ottica Tornese.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to the provisions of Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read this privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted to and shared with Shopify as well as with third parties who may be located in a country other than your country of residence, in order to provide the Services to you. Please see our privacy policy [LINK] for more details on how we, Shopify, and our partner use your personal data.

SECTION 11 - FEEDBACK

If 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, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial use. We may, for example, exercise the rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be under any obligation to (1) keep your Feedback confidential; (2) compensate us for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we, in our sole discretion, deem to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, defamatory, or otherwise unlawful, infringing, or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may 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 any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Sometimes, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. If such information is inaccurate, we reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders 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: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam, or any other form of similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, in our sole discretion, may harm Ottica Tornese, Shopify, or users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will impair the functionality or operation of the Services; (b) reproduce, duplicate, copy, mine, sell, resell, or exploit any portion of the Services; (c) collect or monitor the Personal Data of others; (d) spam, phish, pharme, or pretext the Services; (e) use any robot, spider, scraping tool, data gathering and extraction tool, automatic device or process, artificial intelligence (such as agent AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent any security or authorization features, robot exclusion headers, or other measures we may use to limit access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This Section (Agent Terms) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the direction of, any person or entity and that can run on behalf of or through that person's device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it, at all times, identifies itself and operates in strict compliance with the requirements set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may establish limits, including through technical measures, on the ways and conditions under which an Agent may access, use, and interact with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is coming from an Agent and state the Agent's name by including the following in the user-agent string of the request: "Agent/[agent name]"; (ii) not conceal or obfuscate the fact that any access, use, or interaction is coming from an Agent, such as (a) by imitating human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer from human use; (iii) truthfully answer any questions or prompts designed to determine whether interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measures designed to block, limit, modify, or control whether or how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof), in our sole discretion, at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Even in the event of any termination, the following sections will survive: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance placed on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who is informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES 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 ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, 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 LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, COSTS OF SUBSTITUTION OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM THE USE OF ANY SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AVAILABLE THROUGH THE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ottica Tornese, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party or arising from (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 indemnified claim, provided that any failure to notify you promptly will not relieve you of your obligations unless you suffer material harm. We may control the defense and settlement of such claim at your expense, including the use of counsel, but we will not settle any claim that imposes non-monetary obligations without your consent, which may not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the federal and state or territorial laws of the jurisdiction in which Ottica Tornese is located. You and Ottica Tornese consent to the exclusive jurisdiction and venue of such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 24 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE

You can review the currently valid 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 and Conditions of Service by posting updates and changes to our website. It is your responsibility to periodically review our website for any 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 the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions regarding the Terms and Conditions of Service should be sent to torneseottica@gmail.com.

Our contact information is below:

[INSERT TRADING NAME]

torneseottica@gmail.com

[INSERT BUSINESS ADDRESS]

[INSERT BUSINESS PHONE NUMBER]

[INSERT BUSINESS REGISTRATION NUMBER]

[INSERT VAT NUMBER]