Terms of service

OVERVIEW

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

The terms and conditions set out below, together with any policies referred to herein (these “Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when using the Services.

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

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

 

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SECTION 1 – ACCESS AND ACCOUNTS

By accepting these Terms and Conditions of Service, you confirm that you are of legal age in your country or region of residence and that you have given us your consent for any of your minor family members to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online shops or purchasing any

product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and delivery details. You represent and warrant that all information provided in our shop is accurate, up to date and complete, and that you have all necessary rights to provide such information.

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

 

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SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online shops. However, please note that the colours or appearance of products may differ from how they appear on screen due to the type of device used to access the shop and the settings and configurations of that device.

We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or correspond to what is depicted or displayed in our online shops.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographical area or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. ESSENZA DI PANTELLERIA reserves the right to accept or reject the order for any reason, at its sole discretion. The order is not accepted until ESSENZA DI PANTELLERIA confirms its acceptance. Payment must be received and processed before the order is accepted. Please check your order carefully before submitting it, as ESSENZA DI PANTELLERIA may not be able to accommodate cancellation requests once the order has been accepted. In the event that the order is not accepted, is amended or is cancelled, we will attempt to inform you by contacting you at the email address, billing address and/or telephone number provided at the time of ordering.

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Purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].

You represent and warrant that the purchases are intended for personal or domestic use and not for commercial resale or export.

SECTION 4 – PRICES AND INVOICING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in force at the time the order is placed and will be stated in the order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, delivery charges, handling fees, customs duties or import costs.

Prices published in our online shops may differ from those offered in physical shops, other online shops or shops operated by third parties. We may, from time to time, offer promotions on the Services which may affect prices and which are governed by 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 shall prevail.

You agree to provide up-to-date, complete and accurate information regarding purchases, payments and your account for all purchases made in our shops. You agree to update your account details and other information, including your email address, credit card numbers and their expiry dates, in a timely manner so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information provided is true, correct and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) the charges incurred will be honoured by the credit card issuer, and (iv) the amounts charged will be paid at the published prices, including delivery and handling charges and all applicable taxes, where applicable.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All delivery times are approximate only and are not guaranteed. We are not liable for delays caused by couriers, customs procedures or events beyond our control. Once the products have been handed over to the courier, ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, brand names, text, visual elements, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are the property of ESSENZA DI PANTELLERIA, its affiliates or its licensors and are protected by US and foreign laws relating to patents, copyright and other intellectual property rights.

These Terms permit the use of the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or shall be construed as granting any licence or other rights in relation to the patents, trade marks, copyrights or other intellectual property rights of ESSENZA DI PANTELLERIA, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by ESSENZA DI PANTELLERIA.

The names, logos, product and service names, designs and slogans of ESSENZA DI PANTELLERIA are trademarks of ESSENZA DI PANTELLERIA, its affiliates or its licensors. You may not use these trademarks without the prior written consent of ESSENZA DI PANTELLERIA. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names,

The logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to third-party customer tools as part of the Services, which we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability whatsoever arising from or in connection with your use of optional third-party tools.

Any use by you of the optional tools offered via the site is entirely at your own risk and discretion, and you should ensure that you are aware of and agree to the terms and conditions under which such tools are provided by the relevant third-party providers.

In the future, we may also offer new features via the Services (including the release of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms and Conditions of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain material and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party material or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any loss or damage arising from your access to third-party websites or the purchase or use of any products, services, resources or content available on third-party websites. Please review the third parties’ policies and practices carefully and ensure you understand them before entering into any transaction. Any complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANTS: this section accurately describes the relationship between Shopify and your shop and must not be removed or modified.]

ESSENZA DI PANTELLERIA is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made in our shop are made directly with ESSENZA DI PANTELLERIA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and ESSENZA DI PANTELLERIA, including any damage, injury or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchases and transactions with ESSENZA DI PANTELLERIA.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may be subject to the provisions of Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read this Privacy Policy.

As the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted to and shared with Shopify and with third parties who may be located in a country other than the one in which you reside, for the purpose of providing the Services to you. Please see our privacy policy [LINK] for further details on how we, Shopify and our partner use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise the rights under such licence to operate, provide, evaluate, improve, refine and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be under any obligation whatsoever to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.

We may, without any obligation to do so, monitor, edit or remove Feedback which, in our sole discretion, we deem to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise unacceptable, or which infringes the intellectual property rights of any party or these Terms and

Terms of Service.

You undertake that your Feedback does not infringe any third-party rights, including copyright, trade marks, privacy, personality rights or other personal or proprietary rights. You further undertake that your Feedback does not include content that is libellous, defamatory or otherwise illegal, unlawful or obscene, nor does it contain computer viruses 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 else or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility and assume no liability for any Feedback posted by you or third parties.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, certain information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product delivery charges, delivery times and availability. Should such information be inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, and to amend or update the information or cancel orders at any time and without notice (including after an order has been placed).

SECTION 13 – PROHIBITED USES

You may access and use the Services solely for lawful purposes. You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial or state laws, regulations, rules or ordinances; (c) to infringe or infringe upon our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit 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 cause to be sent, any advertising or promotional material, including junk mail, chain letters, spam or any other form of similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by anyone or which, in our discretion, may harm ESSENZA DI PANTELLERIA,

Shopify or users of the Services, or expose them to liability.

Furthermore, 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 compromises the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or monitor the Personal Data of others; (d) send spam, engage in phishing, pharming or pretexting on the Services; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass security or authorisation features, robot exclusion headers or other measures we have implemented to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that any part of these Terms has been breached.

SECTION 14 – AGENTS

14.1 This section (Terms for Agents) applies if you use, permit, enable or cause the implementation of an Agent to access, use or interact with the Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may be executed on behalf of or via that person’s device, 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 requested that the Agent refrain from accessing, using or interacting with any service.

14.3 We may impose limits, including through technical measures, on the terms and conditions under which an Agent may access, use and interact with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and state the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”; (ii) not conceal or obscure the fact that any access, use or interaction originates from an Agent, for example by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond truthfully to any questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise evade any measures designed to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

Even in the event of termination, the following sections shall continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or via the Services is provided solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance placed on such information is strictly at your own risk. We accept no liability arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who is informed of any of their contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED

THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, FOR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR ASSURE THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE WARRANTY DISCLAIMER MAY NOT APPLY.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM THE USE OF ANY SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM IN ANY WAY RELATED TO THE USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN BROUGHT TO OUR ATTENTION.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless ESSENZA DI PANTELLERIA, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, owed to third parties or arising from (1) a breach of these Terms and Conditions of Service or the documents referred to herein, (2) a breach of any law or the rights of third parties, or (3) your access to and use of the Services.

We will notify you of any claim for which you are liable to indemnify us, provided that any failure to notify you promptly shall not relieve you of your obligations, unless you suffer substantial prejudice. We may control the defence and settlement of such a claim at your expense, including the choice of legal counsel, but we will not settle any claim that imposes non-monetary obligations without your consent, which shall not be unreasonably withheld. You shall cooperate in the defence of indemnified claims, including by providing relevant documentation

SECTION 19 – SEVERABILITY

If any provision of these Terms and Conditions of Service is held 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 and Conditions of Service; such determination shall not affect the validity and enforceability of the 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 and Conditions of Service and any policies or operating rules published by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions of Service).

Any ambiguity in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not assign, transfer or delegate this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms and Conditions of Service and any separate agreement under which we provide the Services shall be governed by and construed in accordance with the federal, state or territorial laws of the jurisdiction in which ESSENZA DI PANTELLERIA is based. You and ESSENZA DI PANTELLERIA consent to the territorial jurisdiction and personal 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 and Conditions of Service.

SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS OF SERVICE

You can view 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, amend or replace any part of these Terms and Conditions of Service by posting updates and amendments 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, and such changes will take effect on the date specified in the notification. Your continued use of or access to the Services following the publication of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Any queries regarding the Terms and Conditions of Service should be sent to info@essenzadipantelleria.com.

Our contact details are as follows: