Terms of service

OVERVIEW

Welcome to Fioranti moda! The terms “we”, “us”, and “our” refer to Fioranti moda. Fioranti moda operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Fioranti moda is powered by Shopify, which enables us to provide the Services to you.

The following Terms and Conditions, together with all policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, using, or interacting with our Services, you agree to 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 have reached the age of majority in your state or province of residence, or that you have given us your consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing our products and services, you may be required to provide certain information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities carried out under your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services accurately in our online store. However, product colours and appearance may vary depending on your device, its settings, and configuration.

We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or exactly match the images displayed in our online store.

All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you make an offer to purchase. Fioranti moda reserves the right to accept or reject any order at its sole discretion. Your order is not accepted until Fioranti moda confirms acceptance. Payment must be received and processed before acceptance. Please review your order carefully before submitting it, as cancellation requests may no longer be possible once an order has been accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided.

Returns and exchanges are governed exclusively by our Return Policy [LINK].

You represent and warrant that purchases are intended for your personal or household use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without prior notice. The applicable price is the one in effect when your order is placed and will be confirmed in your order confirmation email. Unless expressly stated otherwise, prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.

Prices displayed in our online store may differ from prices in physical stores or third-party marketplaces. Promotional offers may be subject to separate terms. In the event of any conflict, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information and to update such information promptly, including your email address and payment card details, so we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the payment information you provide is accurate, (ii) you are authorised to use the payment method, (iii) charges will be honoured by your payment provider, and (iv) you will pay all charges incurred, including shipping, handling, and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our reasonable control. Title and risk of loss pass to you once the goods have been handed over to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brand names, text, advertisements, images, graphics, product reviews, videos, audio files, and their design, selection, and arrangement, are the property of Fioranti moda, its affiliates, or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any part of the Services. Except as expressly stated, nothing in these Terms grants you any licence or other right under any patent, trademark, copyright, or other intellectual property right of Fioranti moda, Shopify, or any third party. All rights not expressly granted are reserved by Fioranti moda.

The names, logos, product names, service names, designs, and slogans of Fioranti moda are trademarks of Fioranti moda or its licensors. Shopify trademarks remain the property of Shopify. All other trademarks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge that such tools are provided 'as is' and 'as available' without warranties, representations, conditions, or endorsements. We accept no liability arising from your use of optional third-party tools.

Your use of optional tools is entirely at your own risk. You should review and accept the terms of the relevant third-party providers before using them.

We may also introduce new features, tools, or resources in the future. Such features are also subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and links to third-party websites. We are not responsible for reviewing or evaluating their content or accuracy. Accessing third-party websites is at your own risk.

We are not liable for any damages arising from third-party websites or your purchase or use of third-party products, services, or resources. Complaints regarding third-party products or services must be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Fioranti moda is powered by Shopify, which enables us to provide the Services. However, all sales and purchases are made directly with Fioranti moda. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Fioranti moda. You expressly release Shopify and its affiliates from any claims arising from your purchases or transactions with Fioranti moda.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy [LINK]. Certain personal information may also be governed by Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services. Information submitted may be transferred to Shopify and its service providers, including providers located outside your country of residence. Please refer to our Privacy Policy [LINK] for further details.

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, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that: (i) you own or otherwise control all rights necessary to the Feedback; (ii) you have disclosed any compensation or incentives you received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are and shall remain under no obligation to (1) treat your Feedback as confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are under no obligation to, monitor, edit, or remove any 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 rights or these Terms of Service.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory or otherwise unlawful, abusive, or obscene material, nor any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit 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

From time to time, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating 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 at any time without prior notice if any information is inaccurate, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may 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 applicable international, federal, state, provincial, or local laws, regulations, rules, or ordinances; (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 otherwise injure our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any 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 similar unsolicited communications; (h) to impersonate or attempt to impersonate any individual or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Fioranti moda, 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 is or may be used in any way that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any part of the Services; (c) collect or track the personal information of others; (d) misuse the Services for spam, phishing, pharming, pretexting, or similar activities; (e) use robots, spiders, scraping tools, data mining or data extraction tools, automated devices or processes, AI tools (such as agentic AI), or any other automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate any security or authentication features, robot exclusion headers, or any other measures we use to restrict or control access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause an Agent to access, use, or interact with the Services. An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or under the instruction of an individual or legal entity, and that can operate on behalf of, or using the device of, a person without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set out in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have instructed it to cease accessing, using, or interacting with any Service.

14.3 We may, including through technical measures, restrict whether and how an Agent may access, use, or interact with the Services.

14.4 Agents:

(i) must identify every HTTP/HTTPS request as originating from an Agent and disclose the Agent's name by including the following in the request's User-Agent string: "Agent/[Agent Name]";

(ii) must not conceal or obscure that any access, use, or interaction originates from an Agent, including by: (a) imitating human behavior or interaction patterns; or (b) completing or circumventing CAPTCHAs or other measures designed to distinguish computer use from human use;

(iii) must respond truthfully to any questions or requests intended to determine whether an interaction originates from a human or a computer; and

(iv) must not circumvent or otherwise avoid any measures designed to prevent, restrict, modify, or control whether and how Agents may access, use, or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof) at any time, at our sole discretion and without prior notice. You will remain responsible for paying all amounts due up to and including the effective 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 provisions which, by their nature, should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTY

The information provided on or through the Services is for general informational
purposes only. We make no warranty as to the accuracy, completeness, or usefulness
of such information. Any reliance on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from reliance on such materials
by you or other users of the Services, or by any third party who becomes aware of
their contents. UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED
THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT
ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, ASSURE, OR
WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE. SOME JURISDICTIONS RESTRICT OR PROHIBIT THE EXCLUSION OF IMPLIED OR
OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIORANTI MODA, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY 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 OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM ARISING IN ANY WAY FROM 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 PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fioranti moda, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or demands, including reasonable attorneys' fees, asserted by any third party arising out of or relating to: (1) your breach of these Terms of Service or any documents incorporated herein by reference; (2) your violation of any applicable law or the rights of a third party; or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification, provided that any delay in such notification shall not relieve you of your obligations unless the delay materially prejudices your ability to defend the claim. We may control the defense and settlement of any such claim at your expense, including the selection of legal counsel. However, we will not settle any claim requiring any non-monetary obligation on your part without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of any indemnified claim, including by providing all relevant documents and information.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written, including, without limitation, any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 21 – ASSIGNMENT

You may not delegate, assign, or otherwise transfer this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted delegation, assignment, or transfer without such consent shall be null and void.

We may assign, transfer, or delegate these Terms and any of our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the laws of the federal, state, provincial, or territorial courts having jurisdiction where Fioranti moda is located. You and Fioranti moda consent to the exclusive personal and territorial jurisdiction of such courts.

SECTION 23 – HEADINGS

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

The most current version of these Terms of Service is available on this page at all times.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to review 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 specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.