Terms and conditions of service

Terms and Conditions of Service

A Putia Do Cafè

OVERVIEW

This website is operated by F.lli Pontorno SRLS. The terms "we" and "our" within the site refer to F.lli Pontorno SRLS. F.lli Pontorno SRLS provides you with this website with all the information, tools, and services available on it on the condition that you, as a user, accept all the terms, conditions, information, and warnings stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
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 the Terms and Conditions of Service. If you do not fully accept the terms and conditions of this agreement, you cannot access the website or use its services. If these Terms and Conditions of Service are considered a proposal, acceptance is expressly limited to the Terms themselves.

Any new features and tools added to the current store will also be subject to the Terms of Service. You can consult the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of the Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically to see if there are any changes. Continuing to use or access the website after the publication of any changes constitutes acceptance of such changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.

SECTION 1 - TERMS AND CONDITIONS OF THE ONLINE STORE

By accepting these Terms and Conditions of Service, you declare that you are at least the legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have authorized us to allow any minor under your responsibility to use this site.

You may not use our products for illegal or unauthorized purposes, nor may you, in using the Service, violate any laws in your jurisdiction (including, by way of example, copyright laws).

You are not allowed to spread worms, viruses, or other types of harmful code.

Any violation of any provision of the Terms will result in the immediate termination of your right to use the Services.
SECTION 2 - GENERAL CONDITIONS

We reserve the right to deny service to anyone, for any reason and 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 the technical requirements of networks or connecting 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, nor use of the Service, access to the Service, or any contact on the website through which the service is provided without express written permission from us.

The titles used in this agreement are included for convenience only and will not limit or affect these Terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We will not be responsible in case the information made available on this site should not be accurate, complete, or up-to-date. The materials on this site are to be considered purely indicative and should not be referenced or used as the sole basis for making decisions without consulting more authoritative, accurate, complete, or up-to-date sources of information. By relying on the information on this site, you assume the risk.

This site may contain some historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are not obligated 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

Prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content) without notice at any time.

We will not be liable to you or any third party for any changes, price variations, suspensions, or interruptions of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some 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 replacement only in accordance with our Refund and Return Policy.

We have made every possible effort to show accurate colors and images of the products in the store. However, we cannot guarantee that the colors displayed on your computer screen are accurate.
We reserve the right (although we are not obligated to do so) to limit the sale of our products or services to any individual, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or services we offer. Descriptions and prices of products may change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. The sale of any product or service through this site is void where prohibited.

We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations, nor that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING INFORMATION AND ACCOUNT

We reserve the right to refuse any order received. At our sole discretion, we may limit or cancel the quantities purchased per person, per household, or per order. These restrictions may apply to orders placed from the same customer account, with the same credit card, and/or orders using the same billing and/or shipping address. In case of modification or cancellation of an order, we may attempt to notify you via the email address, billing address, or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be made by wholesalers, resellers, or distributors.
Accept to provide updated, complete, and accurate information about the purchase and account for all purchases made in our store. Agree to promptly update your account and other details, such as email address, credit card number, and expiration date, so that we can complete transactions and contact you if necessary.

For more information, please refer to our Refunds and Returns 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 management.

Recognize and accept that we provide access to such tools "as is" and "as available", without any kind of warranty, representation, condition, or endorsement. We shall have no liability arising from or relating to your use of third-party optional tools.

Any use by you of the optional tools offered through the site will be entirely at your own risk and discretion. It will be up to you to ensure that you are aware of and agree to the terms and conditions to which third-party tools are subject.

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 will also be subject to the current Terms and Conditions of Service.
SECTION 8 - THIRD PARTY LINKS

Some content, products, and services available through our Service may include third-party materials.

Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such external websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We will not be liable for any damages related to the purchase or use of goods, services, resources, content, or any other transaction made through third-party websites. Please carefully review the policies and procedures of third parties and make sure you understand them before making any transaction. Claims, requests, doubts, and questions about third-party products should be addressed to the relevant third parties.
SECTION 9 - COMMENTS, FEEDBACK, AND OTHER SUBMITTED MATERIALS

"If you send us certain materials online, via email, by regular mail, or in any other way (collectively referred to as "comments") - for example, at our request, contributions for participation in contests, or without our request, creative ideas, suggestions, proposals, plans, or other materials - you agree that we may at any time and without limitations modify, copy, publish, distribute, translate, or use in any other way and by any means the comments you send us. We have no obligation and will not have any obligation to (1) keep the comments confidential; (2) pay compensation for the comments; or (3) respond to the comments."
We may (without any obligation to do so) monitor, modify, and remove content that we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or content that violates the intellectual property of any party or these Terms and Conditions of Service.
"Agree to avoid comments that infringe on the rights of third parties, including copyright, trademarks, right to privacy, personality rights, and other real or personal rights. You also agree not to post comments that contain defamatory or otherwise illegal, offensive, or obscene material, or computer viruses or other malware that may compromise the operation of the Service or any related website. You may not use a fake email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for the comments you submit and their accuracy. We do not assume and will not have any responsibility for any comments posted by you or third parties."

SECTION 10 - PERSONAL INFORMATION

Sending personal information through the store is regulated by our Privacy Policy. Click here to view our Privacy Policy.
### SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be typographical errors, inaccuracies, and omissions on our website or in the Service regarding product descriptions, prices, promotions, offers, shipping costs, delivery times, or product availability. We reserve the right to correct any errors, inaccuracies, and omissions by modifying and updating the information or canceling orders if any information in the Service or on a related website is inaccurate at any time (even after the order has been placed) and without prior notice.

We do not assume any obligation to update, correct, or clarify the information in the Service or on any related website, including without limitation the pricing information, except as required by law. No specified update date in the Service or on any related website should be interpreted as a guarantee that all information in the Service or on any related website has been corrected and updated.
SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms and Conditions of Service, it is prohibited to use the site or its content:
(a) for illegal purposes; (b) to induce others to commit or participate in illegal acts; (c) to violate international, federal, provincial or state laws and regulations, or local ordinances; (d) to infringe or violate our or third parties' intellectual property rights; (e) to harass, abuse, insult, damage, defame, slander, disparage, intimidate or discriminate against someone based on gender, sexual orientation, religion, ethnicity, age, country of origin or disability; (f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of harmful code capable of affecting the functionality or operation of the Service, any related website, other websites, or the internet; (h) to collect or monitor the personal information of other users; (i) for spam, phishing, pharming, pretexting, use of spiders, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to hinder 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 if you violate any of the provisions regarding prohibited uses.
### SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, affirm, or declare that the use of our service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results achievable with the use of the service are accurate or reliable.

Take note that we may occasionally suspend the service for indefinite periods of time, or cancel the service at any time without sending you any prior notice.
You expressly agree that your use of the service is at your sole risk and that you assume full responsibility for any consequences arising from such use. The service and all products and services provided through the service are (unless expressly stated otherwise by us) offered "as is" and "as available" for use by the user, without any 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.
In no event shall F.lli Pontorno SRLS and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any 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 in contract, tort (including negligence), strict liability or otherwise, arising from the use of any of the services or products procured using the service, or for any other claim related in any way to the use of the service or 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 the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Since 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 shall be limited to the maximum extent permitted by law.

SECTION 14 - COMPENSATION

Accept to indemnify, defend, and hold harmless F.lli Pontorno SRLS and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms 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 deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms and Conditions of Service, without affecting the validity and enforceability of the remaining provisions.

### SECTION 16 - RESOLUTION

The obligations and responsibilities assumed by the parties prior to the termination date shall survive the resolution of this agreement in all respects.

The present Terms and Conditions of Service will be effective until termination by you or us. You may terminate the present Terms and Conditions of Service at any time by informing us that you no longer wish to use our Services, or by discontinuing the use of our website.
Furthermore, if in our sole discretion you violate or we suspect that you have violated any provision of these Terms and Conditions of Service, we may terminate this agreement at any time without notice and you will be responsible for all amounts due up to the date of termination included; consequently, we may deny you access to the Services (or any part of them).

SECTION 17 - ENTIRE AGREEMENT

Failure 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.

The present Terms and Conditions of Service and any information or operational rules published by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any previous or contemporaneous agreement, communication, and proposal, whether oral or written, between you and us (including, without limitation, any previous 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 - APPLICABLE LAW

The present Terms and Conditions of Service and any separate agreements through which we provide Services shall be governed and interpreted in accordance with the laws in Via dei comuni 2/A 94013 Leonforte EN Italy.


SECTION 19 - CHANGES TO TERMS AND CONDITIONS OF SERVICE

You can consult the most updated 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 by posting updates and changes on our website. It is your responsibility to check our website 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 constitutes acceptance of those changes.


SECTION 20 - CONTACTS

Any questions regarding the Terms and Conditions of the service should be sent to the address servizioclienti@aputiadocafe.com.