Terms of service

OVERVIEW

Welcome to MAREMOSSO. The terms “we”, “us” and “our” refer to MAREMOSSO S.r.l. MAREMOSSO operates this online store and website, including all information, content, features, tools, products and services made available through it, in order to provide you, as our customer, with an appropriate shopping experience collectively, the “Services”.

MAREMOSSO is powered by Shopify, which enables us to provide the Services to you.

These Terms and Conditions of Service, together with any policies or notices referred to herein the “Terms”, describe your rights and responsibilities when using the Services.

Please read these Terms carefully, as they contain important information regarding your legal rights and cover matters such as warranty limitations and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and by our Privacy Policy [LINK]. If you do not agree to these Terms or to our Privacy Policy, you must not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are of legal age in your country, state or province of residence, and that you have given us your consent to allow any minor dependants to use the Services on devices owned, purchased or managed by you.

In order to use the Services, including accessing or browsing our online store or purchasing products and services offered by us, you may be required to provide certain information, such as your email address, billing details, payment information and shipping details.

You represent and warrant that all information provided by you through our store is accurate, current and complete, and that you have all necessary rights to provide such information.

You are responsible for all activity carried out through 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 make every effort to present our products and services accurately on our online store. However, the display of colours and the appearance of products may vary depending on the device used to access the store and on the settings and configuration of that device.

We cannot guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or will be identical to the way they are described or displayed on our online store.

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, from time to time, the quantities of products offered to any person, geographic area or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are submitting an offer to purchase.

MAREMOSSO reserves the right to accept or reject your order at its sole discretion, for any reason. Your order is not confirmed until MAREMOSSO has confirmed its acceptance.

Before accepting an order, we must receive and process payment. Please check your order carefully before submitting it, as MAREMOSSO may not be able to accommodate cancellation requests once an order has been accepted.

If we reject, modify or cancel an order, we will notify you by contacting you using the email address, billing address and/or telephone number provided at the time the order was placed.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].

You represent and warrant that you are purchasing products for personal or household use and not for resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and offers 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 shown in your order confirmation email.

Unless otherwise stated, published prices do not include taxes, customs duties, shipping, handling or import charges.

Prices published on our online store may differ from prices offered in physical stores, online marketplaces or other stores operated by third parties.

From time to time, we may offer promotions through the Services that affect pricing and that are subject to separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

For all purchases made through our store, you agree to provide accurate, current and complete purchase, payment and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you where necessary.

You represent and warrant that:
i. the credit card information you provide is true, accurate and complete;
ii. you are authorised to use such credit card for the purchase;
iii. the charges incurred by you will be honoured by your credit card company; and
iv. you will pay the charges incurred by you at the published prices, including any applicable shipping, handling and taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays.

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures or events beyond our reasonable control.

Once the products have been handed over to the carrier, ownership of the products and the risk of loss pass to you, unless otherwise provided by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are owned by MAREMOSSO, its affiliates or licensors, and are protected by Italian, European Union and international intellectual property laws.

These Terms allow you to use the Services solely for personal and non-commercial purposes.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material relating to the Services without our prior written consent.

Except as expressly stated herein, nothing in these Terms grants, or may be interpreted as granting, any licence or other rights in relation to patents, trademarks, copyright or other intellectual property rights belonging to MAREMOSSO, Shopify or any third party.

Any unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by MAREMOSSO.

The names, logos, product and service names, designs and slogans of MAREMOSSO are trademarks of MAREMOSSO, its affiliates or licensors. You must not use such trademarks without the prior written authorisation of MAREMOSSO.

The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services. We do not monitor, control or manage such tools.

You understand 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 arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You must ensure that you are familiar with and accept the terms on which such tools are provided by the relevant third-party providers.

In the future, we may 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.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features.

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 in order to access third-party materials or websites, you do so at your own risk.

We are not responsible for any issues or damages relating to your access to third-party websites, or to your purchase or use of products, services, resources or content on third-party websites.

Please carefully review and understand the policies and practices of any relevant third parties before entering into any transaction. Any complaints, concerns or questions relating to third-party products or services must be addressed directly to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

MAREMOSSO is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store take place directly between you and MAREMOSSO.

By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales relationship between you and MAREMOSSO, including any injury, damage or loss resulting from the purchase of products or services.

You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to purchases and transactions made by you with MAREMOSSO.

SECTION 10 - PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal data may also be subject to Shopify’s Privacy Policy, available here [LINK].

By using the Services, you confirm that you have read the above privacy policies.

As Shopify supports the Services, it collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services.

In order to provide and improve the Services, information submitted by you through the Services may be transmitted to and shared with Shopify and with third parties that may be located in countries other than your own.

Please refer to our Privacy Policy [LINK] for further information on how we, Shopify and our partners use your personal data.

SECTION 11 - FEEDBACK

When you submit, upload, publish, email or otherwise transmit any idea, suggestion, feedback, review, proposal, plan or other content collectively, “Feedback”, you grant us a perpetual, worldwide, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback through any medium and for any purpose, including commercial purposes.

For example, we may exercise our rights under this licence to operate, provide, evaluate, improve, enhance and promote the Services, and to fulfil our obligations and exercise our rights under these Terms.

You also confirm and agree that:
i. you own or control all necessary rights in relation to your Feedback;
ii. you have disclosed any compensation or incentive received in connection with the submission of your Feedback; and
iii. your Feedback complies with these Terms.

We are not and shall not be under any obligation to:
i. keep your Feedback confidential;
ii. pay you for your Feedback; or
iii. respond to your Feedback.

Although we are under no obligation to do so, we may monitor, edit or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes intellectual property rights or violates these Terms.

You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, publicity or any other personal or proprietary rights.

You further confirm that your Feedback will not contain defamatory or otherwise unlawful, offensive or obscene material, nor any computer virus or other malware that could affect the operation of the Services or any related website.

You must not use a false email address, impersonate any other person or mislead us or third parties as to the origin of your Feedback.

You are solely responsible for your Feedback and for its accuracy. We assume no responsibility or liability for any Feedback posted by you or by any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information included in or made available through the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, promotions, 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 where any information in the Services is inaccurate, at any time and without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not access or use the Services, directly or indirectly, for any of the following purposes:

a. for any unlawful or malicious purpose;
b. to violate any local, provincial, state, national or international law, rule, regulation or ordinance;
c. to infringe 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, download, use or reuse material that does not comply with these Terms;
g. to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam or any other similar solicitation;
h. to impersonate or attempt to impersonate any other person or entity;
i. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our opinion, may harm MAREMOSSO, 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 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 data of others;
d. engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping;
e. interfere with or circumvent the security features of the Services, 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 that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or suspend or discontinue your access to the Services, or any part of them, at any time, at our sole discretion and without prior notice.

You will remain responsible for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which, by its nature, is intended to survive termination.

SECTION 15 - WARRANTY DISCLAIMER

The information provided on or through the Services is made available for general information purposes only. 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 for any reliance placed on such materials by you, by any visitor to the Services, or by anyone who may be informed of their contents.

Except as expressly stated by MAREMOSSO, 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, any implied warranties or conditions of merchantability, quality of service, 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 exclusion of implied warranties or other warranties; therefore, the above disclaimer may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall MAREMOSSO, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, nor 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, whether based in contract, tort including negligence, strict liability or otherwise, arising from your use of the Services or any products purchased through the Services.

This limitation also applies to 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 of any content or products posted, transmitted or otherwise made available through the Services, even if advised of the possibility of such damages.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless MAREMOSSO, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities, claims or demands, including reasonable legal fees, made by any third party as a result of:

1. your breach of these Terms and Conditions of Service or of any documents incorporated by reference herein;
2. your violation of any law or of the rights of a third party;
3. your access to or use of the Services.

We will notify you of any claim subject to indemnification, provided that any delay in giving such notice shall not relieve you of your obligations unless you are materially prejudiced by such delay.

We may control the defence and settlement of any such claim at your expense, including the choice of legal counsel. However, we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defence of any indemnified claim, including by providing relevant documents and information.

SECTION 18 - SEVERABILITY

If any provision of these Terms and Conditions of Service is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms and Conditions of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure by 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, together with any policies or operating rules posted by us on this website or relating to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of these 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 under them, without notice to you and without your consent.

SECTION 21 - GOVERNING LAW AND JURISDICTION

These Terms and Conditions of Service, and any separate agreement through which we provide you with the Services, shall be governed by and construed in accordance with the laws of Italy.

Any dispute arising out of or in connection with these Terms, the Services or any purchase made through the website shall be subject to the jurisdiction of the competent Italian courts, without prejudice to any mandatory consumer protection rights that may apply under applicable law.

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 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 website periodically for any changes.

We will notify you of any material changes to these Terms in accordance with applicable law. Such changes shall become effective from the date specified in the notice.

Your continued use of or access to the Services following any changes to these Terms and Conditions of Service constitutes your acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms and Conditions of Service should be sent to us at info@maremosso.com.

Our contact details are set out below:

MAREMOSSO S.r.l.
info@maremosso.com
Via Galli Tassi 67
55100 Lucca LU
Italy

Tax Code: 02530350467
VAT No.: 02530350467