Terms of service

TERMS OF SERVICE — CÀPE CONCEPT

OVERVIEW

Welcome to Càpe Concept! The terms "we", "us" and "our" refer to Càpe Concept. Càpe Concept operates this store and website, including all information, content, features, tools, products and related services, in order to offer you, as a customer, a curated shopping experience (the "Services"). Càpe Concept is Powered by Shopify, which enables us to provide you with the Services.

The terms and conditions set out 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 disclaimers of warranty 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://capeconcept.it/policies/privacy-policy). 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 have reached 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 that you own, purchase or otherwise manage.

To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information provided to our store is correct, 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 activities that occur 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 display as accurately as possible our products and services in our online stores. Please note that colors or the appearance of products may differ from how they appear on screen, depending on the device used to access the store and its settings and configuration.

We cannot guarantee that the appearance or quality of any product or service purchased will meet your expectations or match what is represented 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 we may limit the quantities of any product offered to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

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

Purchases are subject to return or exchange solely in accordance with our Refund Policy (https://capeconcept.it/policies/refund-policy).

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

SECTION 4 – PRICING 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 your order is submitted and will be indicated in your order confirmation email. Unless otherwise expressly stated, listed prices do not include taxes, shipping, handling fees, customs duties or import costs.

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

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at 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 as needed.

You represent and warrant that: (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay charges incurred 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 shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs procedures or events outside our control. Once products are handed over to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including without limitation all trademarks, brands, text, display elements, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are owned by Càpe Concept, its affiliates or its licensors, and are protected by Italian and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, 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 shall be construed as granting a license or other rights in any patents, trademarks, copyrights or other intellectual property rights of Càpe Concept, Shopify or any third party. Unauthorized use of the Services may constitute a violation of Italian intellectual property laws. All rights not expressly granted in these Terms are reserved by Càpe Concept.

Càpe Concept's names, logos, product and service names, designs and slogans are trademarks of Càpe Concept or its affiliates or licensors. You may not use such trademarks without the prior written consent of Càpe Concept. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be given access to third-party customer tools as part of the Services, which we do not monitor and over which we have no 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 will have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use 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 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 that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to accessing third-party websites, or to purchasing or using products, services, resources or content available on third-party websites. Please review the third party's policies and practices carefully 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 relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Càpe Concept is supported by Shopify, which enables us to provide you with the Services. However, all sales and purchases made through our store are made directly with Càpe Concept. By using the Services, you acknowledge and agree that Shopify has no responsibility for any aspect of the sales between you and Càpe Concept, including any damages, injuries or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or connected to your purchases and transactions with Càpe Concept.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here: https://capeconcept.it/policies/privacy-policy, and certain personal data may also be subject to the provisions of Shopify's Privacy Policy. By using the Services, you acknowledge that you have read this privacy notice.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services. 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 you with the Services. Please refer to our Privacy Policy for more details on how we, Shopify and our partners use your personal data.

SECTION 11 - FEEDBACK

If you submit, upload, post, 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 license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use.

You further represent and warrant that: (i) you own or otherwise control all rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, without any obligation to do so, monitor, edit or remove Feedback that we, in our sole discretion, consider to be unlawful, offensive, threatening, libelous, defamatory, 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 right of any third party, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, 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, at any time without prior notice, if any information is inaccurate (including after you have submitted your order).

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 local, national or international regulation, rule, law or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not conform to these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letters, spam or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Càpe Concept, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or monitor any personal data of others; (d) spam, phish, pharm or pretext through the Services; (e) use any robot, spider, scraping tools, data gathering or extraction tools, device or automated process, or any similar or equivalent manual process, to access the Services; or (f) interfere with, circumvent or bypass the security or authorization features of the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that any part of these Terms has been violated.

SECTION 14 - AGENTS

14.1 This section applies if you use, allow, enable or otherwise cause the deployment of an Agent to access, use or interact with the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instruction of, any person or entity.

14.2 No Agent may access the Services unless it identifies itself and operates in strict compliance with the requirements set out in Section 14.4. No Agent may access the Services if we have requested that it refrain from doing so.

14.3 We may establish limits, including through technical measures, on how an Agent may access the Services.

14.4 Agents must: (i) identify that the request originates from an Agent by including "Agent/[agent name]" in the user-agent string; (ii) not conceal or obscure the fact that access originates from an Agent; (iii) respond truthfully to any inquiry seeking to determine whether interactions originate from a human or a computer; (iv) not circumvent any measure intended to block, limit or control Agent access to the Services.

SECTION 15 - TERMINATION

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

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information.

EXCEPT AS EXPRESSLY STATED BY CÀPE CONCEPT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, 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.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CÀPE CONCEPT, 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, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Càpe Concept, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, made by any third party arising out of or relating to (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms 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 to be severed from these Terms; such determination shall not affect the validity of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms 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 constitute the entire agreement 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.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any rights or obligations under these Terms without our prior written consent, and any such attempt shall 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 agreement under which we provide you the Services shall be governed by and construed in accordance with the laws of the Italian Republic. For any dispute arising from these Terms or the use of the Services, the parties elect the Court of Verona as the exclusive competent jurisdiction.

SECTION 23 - HEADINGS

Headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms of Service.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of, or access to, the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to info@capeconcept.it.

Càpe Concept di Nicoletta Baldo info@capeconcept.it Vicolo Due Stelle 7, 37121 Verona (VR), Italy Tel: +39 375 818 0550 Tax ID (Codice Fiscale): BLDNLT66T55L781N VAT Number (Partita IVA): 04608120236