Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Vicenza. The terms “we”, “us” and “our” refer to Vicenza.
Vicenza operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).
Vicenza is powered by Shopify, which enables 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 areas such as disclaimers of warranties 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:
https://vicenzabags.com/policies/privacy-policy
If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on a device that you own, purchase or manage.
You may access or browse our online store and purchase products through the Services subject to these Terms.
To purchase products or services that we offer, you may be required to provide certain information, including your email address, financial, payment and shipping information.
You represent and warrant that all information you provide through 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 under your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store.
However, please note that the colours or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to those displayed in our online store.
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 products offered to any person, geographic region or jurisdiction.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase.
Vicenza reserves the right to accept or decline your order for any reason, at its sole discretion.
Your order will not be considered accepted until Vicenza confirms its acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Vicenza may not be able to accommodate cancellation requests after an order has been accepted.
If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.
Purchases may be returned or exchanged only in accordance with our Refund Policy:
https://vicenzabags.com/policies/refund-policy
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 shown in your order confirmation.
Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, customs or import charges.
Prices displayed in our online store may differ from prices offered through physical stores, other online stores or third-party-operated stores.
From time to time, we may offer promotions that affect pricing and that are governed by terms and conditions separate from these Terms.
If there is 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 through our store.
You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the credit card information you provide is true, correct and complete;
(ii) you are duly authorised to use the credit card for the purchase;
(iii) charges incurred by you will be honoured by your credit card provider; and
(iv) you will pay all charges incurred at the posted prices, including applicable shipping and handling charges and taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery.
All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by carriers, customs processing or events outside our control.
Once products are transferred to the carrier, title and risk of loss pass to you.
For additional shipping information, please review our Shipping Policy:
https://vicenzabags.com/policies/shipping-policy
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand elements, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by Vicenza, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services solely for personal and non-commercial purposes.
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 herein, nothing in these Terms grants or should be construed as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property rights of Vicenza, Shopify or any third party.
Unauthorised use of the Services may constitute a violation of applicable intellectual property laws.
All rights not expressly granted are reserved by Vicenza.
The Vicenza name, logo, product and service names, designs and slogans are trademarks or other intellectual property of Vicenza, its affiliates or licensors.
You may not use these marks without prior written permission from Vicenza.
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 within the Services are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be given access to customer tools provided by third parties as part of the Services, which we do not monitor or control and over which we have no influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement.
We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion.
You should ensure that you are familiar with and agree to the terms under which those tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future, including 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 third-party functionality incorporated into the Services.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.
If you leave the Services to access 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 your purchase or use of products, services, resources or content from third parties.
Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction.
Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Vicenza is powered by Shopify, which enables us to provide the Services to you.
However, all sales and purchases made through our store are made directly between you and Vicenza.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Vicenza, including any injury, damage or loss resulting from the purchase of products or services.
You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases and transactions made with Vicenza.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy, which can be viewed here:
https://vicenzabags.com/policies/privacy-policy
Certain personal information may also be subject to Shopify’s Privacy Policy, available here:
https://www.shopify.com/legal/privacy/app-users
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services.
Information that you submit through the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than your country of residence in order to provide the Services.
Please review our Privacy Policy for more information about how Vicenza, Shopify and our partners use personal information.
SECTION 11 - FEEDBACK
If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial purposes.
We may use these rights to operate, provide, evaluate, improve and promote the Services, as well as to fulfil our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and
(iii) your Feedback complies with these Terms.
We have no obligation:
(1) to maintain Feedback in confidence;
(2) to compensate you for Feedback; or
(3) to respond to Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates third-party intellectual property rights or these Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.
Your Feedback must not contain unlawful, abusive or obscene material, computer viruses or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person or otherwise mislead Vicenza, Shopify or third parties as to the origin of Feedback.
You are solely responsible for any Feedback you submit and its accuracy.
We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, at any time and 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 malicious purpose;
(b) to violate applicable local, international, federal, provincial, state or other laws, regulations, rules or ordinances;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, intimidate or otherwise mistreat any employee or other person;
(e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms;
(g) to transmit or arrange the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services or that, as determined by us, may harm Vicenza, Shopify, users of the Services or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pharming or pretexting;
(e) use robots, spiders, scraping tools, data collection or extraction tools, artificial intelligence tools, automated processes or other automated or manual means to access the Services in violation of applicable restrictions; or
(f) interfere with, bypass or circumvent security features, authorisation measures, robot exclusion measures or other controls used to restrict access to the Services.
We reserve the right to suspend, disable or terminate your account without prior 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 an Agent to access, use or interact with any of the Services.
“Agent” means software or a service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, a person or entity and that may operate on behalf of, or through the device of, a person without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself and operates at all times in strict compliance with the requirements of Section 14.4 below.
No Agent may access, use or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.
14.4 Agents must:
(i) identify each HTTP/HTTPS request as originating from an Agent and disclose the Agent’s name by including the following in the request user-agent string:
“Agent/[agent name]”;
(ii) not conceal or obscure that access, use or interaction originates from an Agent, including by imitating human behaviour or interaction patterns or bypassing CAPTCHA or other measures intended to distinguish computer use from human use;
(iii) truthfully respond to any question or notice intended to determine whether interactions originate from a human or computer; and
(iv) not bypass or otherwise avoid measures designed to block, limit, modify or control whether and 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, at our sole discretion at any time without prior notice.
You will remain responsible for all amounts due up to and including the date of termination.
The following provisions will survive termination: intellectual property, Feedback, termination, disclaimers of warranties, limitations of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information made available through the Services is provided for general informational purposes only.
We do not warrant the accuracy, completeness or usefulness of this information.
Any reliance you place on such information is at your own risk.
We disclaim liability arising from reliance on such materials by you, any other visitor to the Services or anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY VICENZA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING 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 DISCLAIMERS OF IMPLIED WARRANTIES 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 WILL VICENZA, OUR PARTNERS, DIRECTORS, OFFICERS, 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.
THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
THIS ALSO INCLUDES CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vicenza, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties arising out of or relating to:
(1) your breach of these Terms of Service or documents incorporated by reference;
(2) your violation of any law or third-party rights; or
(3) your access to and use of the Services.
We will notify you of any indemnifiable claim.
Failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced as a result.
We may control the defence and settlement of such claim, including selection of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.
You agree to cooperate in the defence of indemnifiable claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion will be deemed severed from these Terms of Service, and such determination will not affect the validity and enforceability of any remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.
They supersede prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service will 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.
Any attempted assignment in violation of this provision will be void.
We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services to you will be governed by and interpreted in accordance with the applicable laws and courts of the jurisdiction in which Vicenza has its principal place of business.
You and Vicenza agree to the jurisdiction of those courts, subject to any rights that cannot legally be excluded under applicable consumer law.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of these Terms 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 material changes to these Terms where required by applicable law, and such changes will take effect on the date specified in the notice.
Your continued use of or access to the Services after changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
support@vicenzabags.com
Vicenza
https://vicenzabags.com