TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SERVICE
OVERVIEW
This website is operated by Milena Scarcella. The terms "we" and "our" within the site refer to Milena Scarcella. Milena Scarcella offers this website with all the information, tools, and services available therein on the condition that you, as a user, accept all the terms, conditions, notices, and disclaimers stated herein.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Service,” “Terms”), which include the terms, conditions, and additional notices referenced in this document and/or available via hyperlink. These Terms and Conditions of Service apply to all users of the site, including, without limitation, visitors, suppliers, customers, merchants, and/or authors of comments and other content. Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use its services. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to these Terms themselves.
Any new features and tools added to the current store will also be subject to the Terms and Conditions of Service. You can review the most recent version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, modify, or replace any part of the Terms and Conditions of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Continued use or access to the website after any changes are posted constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell you our products and services.
SECTION 1 - TERMS AND CONDITIONS OF THE ONLINE STORE
By accepting these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us consent to allow any minor under your responsibility to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, without limitation, copyright laws).
You are not allowed to spread worms, viruses, or other types of harmful code.
Violation of any of the Terms will result in the immediate cessation of your right to use the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card data) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card data is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact on the site through which the Service is provided without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The materials on this site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the materials on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided only for reference. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and are subject to return or exchange only according to our Refund and Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products in the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to limit the quantities of products or services that we offer. Descriptions of products and prices for products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time.
We do not guarantee that the quality of the products, services, information, or other material purchased or obtained by you will meet your expectations.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase 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.
For more information, please see our Refund and Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.
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, either express or implied. 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 entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party provider.
In the future, we may also offer new services and/or features through the website (for example, introducing new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Service.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us specific submissions (for example, contest entries) at our request, or without a request from us, creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate or otherwise use in any medium any comments you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violate any party's intellectual property or these Terms and Conditions of Service.
You agree to avoid any comments that infringe on the rights of third parties, including copyright, trademark, privacy, personality rights, or other rights of any kind. You also agree not to submit comments containing material that is defamatory, illegal, offensive, or obscene, or viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, shipping costs, delivery times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on sex, sexual orientation, religion, ethnicity, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, use spiders, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results obtained from the use of the service will be accurate or reliable.
You acknowledge that we may occasionally suspend the Service for indeterminate periods of time or cancel the Service at any time without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" 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. In no case shall Milena Scarcella, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or products obtained using the service, or for any other claims related in any way to your use of the service or the product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Milena Scarcella and our parent, subsidiaries and affiliates, as well as our partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions of Service is found 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 and Conditions of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Service shall remain in effect until terminated by either you or us. You may terminate these Terms and Conditions of Service at any time by notifying us that you no longer wish to use our Services, or by discontinuing use of our site. Additionally, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; consequently, we may deny you access to the Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Service shall 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 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, without limitation, 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 drafting party.
SECTION 18 - GOVERNING LAW
These Terms and Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy - Via Villa Pepoli snc 02033 Monteleone Sabino (Rieti) RI Italy.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS OF SERVICE
You can review the most 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, modify, or replace any part of these Terms and Conditions of Service by posting updates and changes on our website. It is your responsibility to check our site periodically for changes. Your continued use of or access to the website or the Service following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms and Conditions of Service should be sent to us at scarcellamilena@gmail.com
Feel free to ask if you need further assistance!