Terms of service
OVERVIEW
Welcome to extraemo. The terms “we”, “us” and “our” refer to extraemo. extraemo operates this shop and website, including the information, content, features, tools, products and services, in order to provide you, the customer, with an appropriate shopping experience (the “Services”). extraemo is supported by Shopify, which enables us to provide you with the Services.
The terms and conditions below, together with any policies referenced in them (“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 limitations and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service you represent that you are of legal age in the state or province where you reside and that you have given us your consent to allow any minors for whom you are responsible to use the Services on devices you own, purchased or manage.
To use the Services, including accessing or browsing our online shop 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 details. You represent and warrant that all information you provide in our shop is accurate, current and complete and that you hold all rights necessary to provide such information.
You are responsible for the activity that occurs under your account and for protecting your account credentials. You must not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make efforts to present our products and services accurately in our online shop. However, the display of colours and the appearance of products may vary depending on the type of device you use to access the shop and on the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online shop.
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 make an offer to purchase. extraemo reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until extraemo has confirmed its acceptance. Before accepting an order we must receive and process payment. Please check your order carefully before submitting it, as extraemo may not be able to accommodate requests to cancel an order after acceptance. In the event of rejection, modification or cancellation of an order we will notify you using the email address, billing address and or telephone number you provided when you placed the order.
Your purchases are eligible for return or exchange only in accordance with our Refund Policy.
You represent and warrant that you are purchasing 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 the order is submitted and will be set out in the order confirmation email. Unless otherwise specified, the prices shown do not include taxes or customs duties or shipping, handling and import costs.
Prices shown in our online shop may differ from prices offered in physical shops or other online shops or in shops operated by third parties. From time to time we may offer promotions on the Services that affect prices and that are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made in our shop 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 expiry dates, so that we can complete your transactions and contact you if needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate and complete, (ii) you are authorised to use such credit card for purchases, (iii) charges incurred by you will be honoured by your credit card company and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. 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 control. Once products are handed over to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio as well as the design, selection and arrangement of such material, are owned by extraemo, its affiliates or licensors and are protected by United States and foreign patent, copyright and intellectual property laws.
These Terms allow you to use the Services solely for personal and non commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material related to the Services without our written consent. Except as expressly stated, nothing in these Terms grants or shall be interpreted as granting any licence or other rights to you in relation to any patents, trademarks, copyrights or other intellectual property of extraemo, Shopify or third parties. Unauthorised use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved to extraemo.
The names, logos, product and service names, designs and slogans of extraemo are trademarks of extraemo or its affiliates or licensors. You must not use such trademarks without the written permission of extraemo. 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 that appear in 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 which we do not monitor, control or input.
You understand and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions and without any endorsement. We have no liability arising from or relating to your use of optional third party tools.
Your use of any 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 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 be considered part of the Services and subject to these Terms of Service.
SECTION 8 – THIRD PARTY LINKS
The Services may include materials and hyperlinks to websites provided or operated by third parties (including third party features embedded in the Services). 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 and access such materials or third party websites, you do so at your own risk.
We are not responsible for any problems or damages arising from your access to third party websites or from your purchase or use of products, services, resources or content on third party websites. Please read the applicable third party policies and practices carefully and make sure you understand them before engaging in any transaction. Any complaints, claims or questions regarding third party products and services should be directed to the third parties.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANT: This section describes the relationship between Shopify and your shop and must not be removed or modified.]
extraemo is powered by Shopify, which enables us to provide you with the Services. However, sales and purchases made in our shop are between you and extraemo. By using the Services you understand and agree that Shopify is not responsible for any aspect of the sales between you and extraemo, including any injury, damage or loss related to the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or related to purchases and transactions you make with extraemo.
SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to Shopify’s Privacy Policy, available here. By using the Services you confirm that you have read these privacy policies.
Because it 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. To provide and improve the Services for you, data you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries different from your own. Please refer to our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal data.
SECTION 11 – FEEDBACK
When 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 and royalty free licence to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial purposes. For example, we may exercise the rights in this licence to operate, provide, evaluate, improve, enhance and promote the Services and to perform our obligations and exercise our rights as described in these Terms of Service.
You further acknowledge and agree that: (i) you own the rights necessary for all Feedback, (ii) you have disclosed any rewards or incentives received for providing Feedback and (iii) your Feedback complies with these Terms. We are not and shall not be under any obligation (1) to keep any Feedback confidential, (2) to pay compensation for any Feedback or (3) to respond to any Feedback.
Although we are not obligated to do so, we may monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violates intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material or 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, 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 for its accuracy. We assume no responsibility and no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time information in or related to the Services may contain 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 or related to 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 must not access or use the Services, directly or indirectly, in order to: (a) engage in any unlawful or malicious activity, (b) violate any local, provincial, state, federal or international law, rule or regulation, (c) infringe or violate our intellectual property rights or the rights of others, (d) harass, oppress, insult, harm, defame, slander, disparage, intimidate or discriminate against our employees or anyone else, (e) submit false or misleading information, (f) send, receive, upload, download, use or reuse material that does not comply with these Terms, (g) transmit or procure the sending of any advertising or promotional material including junk mail, chain letters, spam or any other similar solicitation, (h) impersonate or attempt to impersonate another person or entity, (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which we determine may harm extraemo, Shopify or users of the Services or expose them to liability.
You also agree not to: (a) upload or transmit any viruses or other malicious code that may be used in any way that could affect the functionality or operation of the Services, (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services, (c) collect or track the personal data of others, (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping or (e) interfere with or circumvent the security features of the Services or any related websites, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that 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 of them) at any time at our sole discretion and without notice. You will remain responsible for all amounts due up to and including the date of termination.
The following sections will continue in force after 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 15 – DISCLAIMER OF WARRANTIES
Information presented in or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all responsibility and liability arising from any reliance placed on such materials by you, by any other visitor to the Services or by anyone who may be informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY extraemo, 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, EITHER EXPRESS OR IMPLIED, INCLUDING 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 NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL extraemo OR THE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS OR LICENSORS OF extraemo OR 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 WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY OTHER SIMILAR DAMAGES WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES OR 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 PRODUCTS) 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 extraemo, Shopify and our affiliates, partners, officers, directors, employees, agents, merchants, licensors and service providers from any losses, damages, liabilities or claims including reasonable legal fees made by any third party due to or arising out of (1) your breach of these Terms of Service or of the documents they incorporate by reference, (2) your violation of any law or the rights of a third party and (3) your access to and use of the Services.
We will notify you of any indemnifiable claim provided that failure to give prompt notice will not relieve you of your indemnification obligations unless you are materially prejudiced. We may control the defence and settlement of any such claim at your expense including the choice of counsel, but we will not settle any claim that requires non monetary obligations from you without your consent, which you will not unreasonably withhold. You will cooperate with us in the defence of any non indemnified claims including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined 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 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 of Service shall not constitute a waiver of such right or provision.
These Terms 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 and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You must not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our written consent. Any attempted delegation, transfer or assignment without such consent shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without notice to you and without your consent.
SECTION 21 – 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 and courts of the jurisdiction in which extraemo is established. You and extraemo agree to submit to the personal jurisdiction and venue of such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 changes to any material provisions of these Terms in accordance with applicable law and such changes will be effective as of 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 acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to rolando1987@hotmail.it.
Our contact details are:
rolando1987@hotmail.it
Azienda Agricola Del Fabbro Rolando
Via Sant’Anna 19/A, 38062 Arco TN
VAT number P.I. 02665580227