Terms of service

OVERVIEW

Welcome to Fortenday! The terms "we" and "our" refer to Fortenday. Fortenday operates this shop and website, including the information, content, features, tools, products, and services in order to provide you, the customer, with a suitable shopping experience (the "Services"). Fortenday is supported by Shopify, which allows us to provide you with the Services. The terms and conditions below, along with any policy contained therein ("Service Terms and Conditions" or "Terms"), describe your rights and responsibilities when using the Services. Please read these Service Terms and Conditions carefully, as they include important information regarding your legal rights and cover areas such as warranty limitations and liability limitations. By visiting, interacting with, or using our Services, you agree to be bound by these Service Terms and Conditions and our Privacy Policy. If you do not agree to these Service Terms and Conditions or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Service Terms and Conditions, you declare that you are of legal age for the state or province in which you reside, and that you have given us consent to allow minors connected to you to use the Services on devices you own, have purchased, or manage. To use the Services, including accessing or browsing online shops or purchasing products and services offered by us, you may be required to provide certain information such as email address and billing, payment, and shipping details. You declare and warrant that all information you provide in our shops is correct, up to date, and complete and that you possess all necessary rights to provide such information. You are responsible for your account activity and for protecting your account credentials. You must not transfer, sell, assign, or license your account to others.

SECTION 2 - OUR PRODUCTS

The information and descriptions regarding the displayed products are purely indicative and may be changed without notice. Products may sometimes differ slightly from the images as they are handmade items. Such differences, if they do not concern the essential characteristics of the products and do not affect their quality, cannot justify order cancellation or refusal of delivery. As we cannot guarantee a perfect representation of the products on our site, especially due to differences in color rendering by Internet browsing software and/or display screens, Fortenday cannot be held responsible for inaccuracies in the photographs shown on the site.

SECTION 3 - ORDERS

When you place an order, you are making a purchase offer. Fortenday reserves the right to accept or reject your order at its discretion for any reason. Your order is not confirmed until Fortenday confirms its acceptance. Before accepting an order, we must receive and process payment. Please check your order carefully before sending it, as Fortenday may not be able to fulfill cancellation requests after acceptance. In case of refusal, modification, or cancellation of an order, we will notify you by contacting you via the email, billing address, and/or phone number you provided at the time of order submission.

Your purchases are subject to return or exchange only in accordance with our Refund Policy.

You declare and warrant that you are making purchases for personal or family 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 effective at the time the order is placed, and you can view it in the order confirmation email. Unless otherwise specified, published prices do not include taxes or customs, shipping, handling, or import fees.

Prices published in our online shops may differ from prices offered in physical shops or online or in other shops managed by third parties. From time to time, we may offer promotions on the Services that affect prices and are subject to terms and conditions independent of these Terms. In case of conflict between the terms of an offer and these Terms, the terms of the offer will prevail.

For all purchases made in our shops, you agree to provide correct, up-to-date, and complete information regarding purchase, payment, and account. You agree to immediately update your account and other information, including email address and credit card numbers and expiration dates, to allow us to complete your transactions and contact you if necessary.

You declare and warrant that (i) the credit card information you provide is truthful, correct, and complete, (ii) you are authorized to use such credit card for purchases, (iii) the charges billed to you will be fulfilled by the credit card company, and (iv) you will pay the charges billed to you according to the published prices, including shipping and handling taxes and any other applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures, or events beyond our control. Once the products have been handed over to the carrier, ownership and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, texts, visualisations, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are the property of Fortenday, 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 exclusively for personal and non-commercial use. You must not reproduce, distribute, modify, create copies, publicly display and present, republish, download, store or transmit material relating to the Services without our written consent. Except as expressly stated, these Terms do not contain anything that grants or can be construed as granting you a licence or any other rights in relation to patents, trademarks, copyright or other intellectual property of Fortenday, 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 herein are reserved by Fortenday.

The names, logos, product and service names, designs and slogans of Fortenday are trademarks of Fortenday or its affiliates or licensors. You must not use such trademarks without the written authorisation of Fortenday. 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 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 review, control or input. You understand and agree that we provide access to such tools "as is" and "as available" without any kind of warranty, representation 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 the optional tools offered through the site is at your own risk and discretion, and you must also be aware of 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 launch of new tools and resources). Such new features are to be considered as part of the Services and are subject to these Terms and Conditions 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 features). We are not responsible for reviewing or assessing the content or accuracy of third-party materials or websites you choose to access. Should you decide to leave the Services to access such third-party materials or sites, you do so at your own risk. We are not responsible for any issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please read and understand the policies and practices of the relevant third parties carefully before making any transaction. Any complaints, concerns or questions regarding third-party products and services should be directed to those third parties.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Fortenday is operated by Shopify, which allows us to provide you with the Services. However, sales and purchases you make in our Shop take place directly with Fortenday. By using the Services, you understand and agree that Shopify is not responsible for any aspect of sales between you and Fortenday, including any injuries, damages or losses resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to purchases and transactions you make with Fortenday.

SECTION 10 - PRIVACY NOTICE

All personal data we collect through the Services are subject to our Privacy Policy, and certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read the aforementioned privacy policies.

As it supports the Services, Shopify collects and processes personal data relating to 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 for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries other than your own. Please refer to our privacy policy for more information on how we, Shopify, and our partners use your personal data.

SECTION 11 - FEEDBACK

When you submit, upload, post, 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 by any means for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to manage, provide, evaluate, improve, enhance and promote the Services, to fulfil obligations and exercise our rights as set out in the Service Terms and Conditions.

Furthermore, you confirm and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obliged to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.

Although we are not obliged to do so, we may monitor, modify or remove Feedback that, at our sole discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates intellectual property rights or these Service Terms and Conditions.

You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Furthermore, you confirm that your Feedback will not include defamatory or otherwise illegal, offensive or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or any linked website. You must not use a false email address, impersonate anyone else, or mislead us or third parties as to the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We assume no responsibility for Feedback posted by you or third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

It may happen that the information relating to the Services or included in them contains typographical errors, inaccuracies or omissions that may concern product descriptions, prices, offers, promotions, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders in case of errors at any time and without notice (even after an order has been submitted).

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, for: (a) illegal or malicious purposes; (b) violating local, provincial, state, federal, or international rules, laws, or regulations; (c) infringing or violating our intellectual property rights or those of others; (d) harassing, oppressing, insulting, hurting, defaming, slandering, denigrating, intimidating, or offending our employees or anyone else; (e) transmitting false or misleading information; (f) sending, receiving, uploading, downloading, using or reusing material that does not comply with these Terms; (g) transmitting or causing the transmission of advertising or promotional material, including "junk mail", "chain letters", "spam", or other similar solicitations; (h) pretending or attempting to pretend to be another person or entity; (i) engaging in any other form of behaviour that restricts or inhibits other people’s use of or access to the Services, or that we consider dangerous for Fortenday, Shopify, or the users of the Services, or exposes them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to affect the function or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or disclose any part of the Services; (c) collect or track personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or bypass the security features of the Services or related websites, other websites, or the internet. We reserve the right to suspend, disable or close 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 discontinue your access to the Services (or any part thereof) at any time at our discretion and without notice; you will remain responsible for all amounts due up to the date of termination.

The following sections shall continue to be valid after termination: Intellectual Property, Feedback, Termination, Warranty Limitation, Liability Limitation, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Applicable Law, Privacy Notice, and any other clause which by its nature survives termination.

SECTION 15 – WARRANTY LIMITATION

The information presented in or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of such information. You rely on such information strictly at your own risk. We accept no responsibility for any reliance placed on such materials by you, any visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY Fortenday, 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 IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURATION, 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, 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 Fortenday, OUR 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, DATA LOSS, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, ARISING OUT OF CONTRACTUAL, SPECIAL, TORT (INCLUDING NEGLIGENCE) LIABILITY OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, WHETHER OR NOT ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fortenday, 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, owed to any third party as a result of: (1) your breach of these Terms and Conditions of Service or any documents incorporated therein, (2) your violation of any laws or third-party rights, (3) your access to or use of the Services.

We will notify you of any indemnifiable claims, provided that late notification does not relieve you of your obligations unless you are materially affected. We may control the defence and settlement of such claim at your expense, including the choice of counsel, but we will not settle claims requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in defending non-indemnified claims, including providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms and Conditions of Service is found to be illegal, void or unenforceable, it shall not be enforceable to the extent permitted under applicable law, and the unenforceable part shall be deemed severed from these Terms and Conditions of Service; such determination shall not affect the validity and enforceability of any 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 relation 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 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 must not delegate, transfer, or assign this Agreement or any of your rights or obligations subject to these Terms without our written consent; any attempt to do so will be void and null. 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 under which we provide you with the Services shall be governed and interpreted in accordance with the federal, state, or territorial courts in the jurisdiction where Fortenday is based. You and Fortenday agree to the venue and personal jurisdiction in the aforesaid courts.

SECTION 22 - HEADINGS

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

SECTION 23 - CHANGES TO TERMS AND CONDITIONS OF SERVICE

You can review the 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 laws, and such changes will become effective as of the date indicated in the notice. Your continued use of or access to the Services following changes to the Terms and Conditions of Service constitutes your acceptance of those changes.

SECTION 24 - CONTACT DETAILS

Questions regarding the Terms and Conditions of Service should be sent to info@fortenday.com

Our contact details are provided below:

Fortenday di Eleonora Favaro

VAT No. 04920390277

Via Lucania, 39 – 30174, Venice – Italy

Mobile: 3398871384