Terms of service
TERMS AND CONDITIONS OF SERVICE
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OVERVIEW
This website is operated by Fabio Accorrà Photography. The terms “we” and “our” on this website refer to Fabio Accorrà Photography. Fabio Accorrà Photography provides this website to you, along with all the information, tools and services available on it, on the condition that you, as a user, accept all the terms, conditions, policies and notices set out here.
By visiting our site and/or purchasing something from us, you are using our “Service” and agreeing to be bound by the following terms and conditions (“Terms of Service”), which include the additional terms, conditions and policies referred to herein and/or available via hyperlink. These Terms and Conditions of Service apply to all users of the site, including, but not limited to, 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 deemed to be an offer, acceptance is expressly limited to these Terms.
Any new features and tools added to the current shop shall also be subject to these Terms and Conditions of Service. You may consult the most recent version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, amend or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS AND CONDITIONS
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 have authorised us to allow any minor under your care to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws applicable in your jurisdiction (including, without limitation, copyright laws).
You are not permitted to distribute worms, viruses or other types of malicious code.
Breach of any provision of the Terms will result in the immediate termination of your right to use the Services.
SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone, for any reason and at any time.
You understand that your content (excluding credit card details) may be transmitted in plain text and may involve (a) transmission over various networks; and (b) modifications to comply with and adapt to the technical requirements of connecting networks or devices. Credit card details are always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, nor the use of the Service, access to the Service or any contact on the website through which the Service is provided, without our express written authorisation.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We shall not be liable in the event that the information made available on this website is not accurate, complete or up to date. The materials on this website are intended to be purely indicative and should not be relied upon 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 website, you do so at your own risk. This website may contain some historical information. Historical information is, by its nature, not current and is provided for reference purposes only. We reserve the right to modify the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES
The 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 thereof) without notice at any time.
We shall not be liable to you or any third party for any changes, price changes, suspensions or discontinuations of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online via the website. These products or services may be available in limited quantities and may be subject to return or replacement only in accordance with our Refund and Returns Policy.
We have made every effort to display the colours and images of the products in the shop as accurately as possible. However, we cannot guarantee that the colours displayed on your computer screen are accurate.
We reserve the right (though we are not obliged to do so) to restrict the sale of our products or Services to any person, geographical 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.
Product descriptions and prices 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. The sale of any product or service via this site is void where prohibited.
We do not guarantee that the quality of any 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 AND ACCOUNT INFORMATION
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, using the same credit card and/or orders using the same billing and/or delivery address. In the event of an order being modified or cancelled, we may attempt to notify you via the email address, billing address or telephone number provided at the time of ordering. We reserve the right to limit or prohibit orders which, in our sole discretion, appear to be placed by wholesalers, resellers or distributors.
You agree to provide up-to-date, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other details, such as your email address, credit card number and expiry date, so that we can complete transactions and contact you if necessary.
For further information, please see our Refunds and Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or oversight.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranty, representation, condition or endorsement of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the website shall be entirely at your own risk and discretion. It is your responsibility to ensure that you are aware of and agree to the terms and conditions governing such third-party tools.
In the future, we may also offer new services and/or features via the website (for example, by introducing new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Service.
SECTION 8 – THIRD-PARTY LINKS
Some of the content, products and services available via 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 websites. We make no representations and accept no liability for third-party materials or websites, or for any other third-party materials, products or services.
We shall not be liable for any damages arising from the purchase or use of goods, services, resources, content or any other transactions made through third-party websites. Please review the third parties’ policies and procedures carefully and ensure you understand them before entering into any transaction. Complaints, claims, concerns and enquiries regarding third-party products should be directed to the relevant third parties.
SECTION 9 – COMMENTS, FEEDBACK AND OTHER MATERIALS SUBMITTED
If you submit certain materials to us online, by email, by post or by any other means (collectively referred to as “comments”) — for example, in response to our request, entries for competitions, or, without our request, creative ideas, suggestions, proposals, plans or other materials — you agree that we may at any time and without restriction modify, copy, publish, distribute, translate or otherwise use in any other way and by any means the comments you send to us. We have no obligation, and shall have no 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, edit and remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or content that infringes the intellectual property rights of any party or these Terms and Conditions of Service.
You agree to refrain from posting comments that infringe the rights of third parties, including copyright, trade marks, privacy rights, personality rights and other property or personal rights. You also agree not to post comments containing defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that may compromise the operation of the Service or any related website. You must not use a false email address, pretend to be someone else or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you submit and their accuracy. We accept no responsibility and shall have no liability for any comments posted by you or by third parties.
SECTION 10 – PERSONAL INFORMATION
The submission of personal information via the shop 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 website or within the Service that contains typographical errors, inaccuracies or omissions regarding product descriptions, prices, promotions, offers, delivery costs, delivery times or product availability. We reserve the right to correct any errors, inaccuracies or omissions by amending and updating the information or cancelling orders, should any information in the Service or on a related website be inaccurate, at any time (including after you have submitted your order) and without prior notice.
We assume no obligation to update, correct or clarify the information in the Service or on any related website, including without limitation pricing information, except as required by law. No update date specified in the Service or on any related website shall be construed 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 out in the Terms and Conditions of Service, you must not use the website or its content: (a) for any unlawful purpose; (b) to induce others to commit or participate in unlawful acts; (c) to violate any international, federal, provincial or state laws and regulations, or local ordinances; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against anyone on the basis of 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 malicious 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 spamming, phishing, pharming, pretexting, or the use of spiders, crawling or scraping; (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 if you breach any of the provisions regarding prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or declare that the use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from using the service will be accurate or reliable.
You acknowledge that we may occasionally suspend the Service for indefinite periods, or discontinue the Service at any time without giving you any notice.
You expressly agree that your use of the service, and any inability to use it, is at your sole risk. The service and all products and services provided through the service are (except as expressly stated by us) 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. In no event shall Fabio Accorrà Photography and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any loss, claim or damage, whether 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 other similar damages, whether arising under contract, tort (including negligence), strict liability or otherwise — arising out of the use of any of the services or products obtained through the service, nor for any other claim relating in any way to the use of the service or product, including, by way of example but not limited to, any errors or omissions in the content, losses and damages arising of any kind arising out of or in connection with the use of the service or any content (or product) published, transmitted or otherwise made available through the service, even if we have been advised of the possibility of such damages.
As 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 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fabio Accorrà Photography and its parent companies, subsidiaries and affiliates, as well as its 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 and arising out of or in connection with your breach of these Terms and Conditions of Service or the documents incorporated herein by reference, or your breach of any law or the rights of third parties.
SECTION 15 – SEVERABILITY
If any provision of these Terms and Conditions of Service is held to be unlawful, void or unenforceable, that provision shall nevertheless 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 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement in all respects.
These Terms and Conditions of Service shall remain in force until terminated by you or us. You may terminate these Terms and Conditions of Service at any time by informing us that you no longer wish to use our Services, or by ceasing to use our website.
Furthermore, if, in our sole discretion, you breach or we suspect you have breached any provision of these Terms and Conditions of Service, we may terminate this agreement at any time without notice and you shall remain liable for all sums 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
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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.
These Terms and Conditions of Service and any policies or operating rules published by us on this site or in connection with 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 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 – GOVERNING LAW
These Terms and Conditions of Service and any separate agreements under which we provide the Services to you shall be governed by and construed in accordance with the laws in force at Via Cordanieri 1A/8, 16157 Genoa, Genoa, Italy.
SECTION 19 – CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can view the most up-to-date version of the Terms and Conditions of Service at any time on this page.
We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by posting updates and amendments 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 of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT
Any questions regarding the Terms and Conditions of Service should be sent to us at fabio@fabioaccorra.com.