Terms of service
OVERVIEW
Welcome to Elena Del Chio! The terms “we”, “us” and “our” refer to Elena Del Chio. Elena Del Chio operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the “Services”). Elena Del Chio is supported by Shopify, which enables us to provide the Services.
The terms and conditions below, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers 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 [LINK]. 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 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 minors dependent on you to use the Services on devices owned, purchased, or managed by you.
In order to use the Services, including accessing or browsing online stores or purchasing products and services offered by us, 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 you provide through our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are responsible for all activity under your account and for safeguarding your account credentials. You must not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, the display of colors and the appearance of products may vary depending on the type of device you use to access the store and that device’s settings and configuration.
We cannot guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be exactly as described or displayed in our online stores.
All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products 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. Elena Del Chio reserves the right to accept or reject your order at its discretion for any reason. Your order is not confirmed until Elena Del Chio accepts it. Before accepting an order, we must receive and process payment. Please review your order carefully before submitting it, as Elena Del Chio may not be able to accommodate cancellation requests once an order has been accepted. If an order is refused, changed, or canceled, we will notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return only in accordance with our Refund Policy [LINK].
You represent and warrant that you are purchasing products for your personal or household use only, and not for 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 the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes or customs duties, or shipping, handling, and import charges.
Prices listed in our online stores may differ from prices offered in physical stores, online stores, or other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and that are subject to separate terms and conditions from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
For all purchases made through our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by Elena Del Chio, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must 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 stated, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Elena Del Chio, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Elena Del Chio.
The names, logos, product and service names, designs, and slogans of Elena Del Chio are trademarks of Elena Del Chio or its affiliates or licensors. You must not use such trademarks without the prior written permission of Elena Del Chio. 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 provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control nor endorse.
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 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, 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 providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall be 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 embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites 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 your access to third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites. Please review carefully the third parties’ policies and practices 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
[NOTE TO MERCHANT: This section describes Shopify’s relationship with your store in detail and must not be removed or modified.]
Elena Del Chio is powered by Shopify, which enables us to provide the Services. However, any sales and purchases you make in our Store are made directly with Elena Del Chio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Elena Del Chio, including any injury, damage, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or relating to your purchases and transactions with Elena Del Chio.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because Shopify supports the Services, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. In order to provide and improve the Services, information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than your own. Please see our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.
You further represent and agree that: (i) you own or control all rights in and to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
Although we have no obligation to do so, we may monitor, edit, or remove Feedback that we determine in our sole discretion 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, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You must 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 Feedback. You are solely responsible for any Feedback you make 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 or in the Services that contains typographical errors, inaccuracies, or omissions that may relate 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 if any information in the Services is inaccurate at any time without prior notice (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 malicious purpose; (b) to violate any international, federal, provincial, state, or local law, regulation, rule, 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 our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit material that is not compliant with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may, as determined by us, harm Elena Del Chio, 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 that may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in any spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we believe you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at any time at our sole discretion without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.
SECTION 15 – 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 such information. Any reliance you place on such information is strictly at your own risk. We assume no responsibility or liability arising from any reliance placed on such materials by you, by any visitor to the Services, or by any person who may be informed of any of their contents.
EXCEPT AS EXPRESSLY PROVIDED BY Elena Del Chio, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE 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 MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, AND THEREFORE THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Elena Del Chio, OUR OR SHOPIFY’S PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, 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 BUT NOT LIMITED TO 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 THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Elena Del Chio, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, asserted by any third party arising out of or relating to:
(1) your breach of these Terms and Conditions of Service or of any documents incorporated herein by reference;
(2) your violation of any law or the rights of a third party;
(3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that failure to provide prompt notice shall not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we 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 defense of non-indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of Shopify 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 Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including but not limited to 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 20 – 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 attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you or your consent.
SECTION 21 – GOVERNING LAW
These Terms and Conditions of Service and any separate agreement whereby we provide you the Services shall be governed by and construed in accordance with the laws and the federal, state, or territorial courts within the jurisdiction in which Elena Del Chio has its principal place of business. You and Elena Del Chio consent to venue and personal jurisdiction in such courts.
SECTION 22 – HEADINGS
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You may 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 website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date indicated in the notice. Your continued use of or access to the Services following any changes to the Terms and Conditions of Service constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms and Conditions of Service should be sent to elenadelchio@gmail.com.
Our contact information is provided below:
Phone number: 3247722412
Email: elenadelchio@gmail.com
Physical address: Via Papa Giovanni XXIII, 150
76125 Trani, Italy