Terms and Conditions of Sale and Use

TERMS AND CONDITIONS OF SALE AND USE

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OVERVIEW

This website is operated by rivolito.com. Throughout the site, the terms "we", "us" and "our" refer to rivolito.com. rivolito.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("Terms of Sale", "Terms of Sale and Use", "Terms"), including the additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Sale and Use apply to all users of this site, including but not limited to, users who browse the site, who are sellers, customers, merchants, and/or content contributors.

Please read these Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services offered on it. If these Terms of Sale and Use are considered an offer, acceptance is expressly limited to these Terms of Sale and Use.

Any new features and new tools that will be added to this store later will also be subject to these Terms of Sale and Use. You can consult the most recent version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after the posting of any changes constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

 

ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE

By accepting these Terms of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent of yours to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any other code of a destructive nature.

Any breach or violation of these Terms of Sale and Use will result in the immediate termination of your Services.

 

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to the services to anyone at any time, for any reason whatsoever.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express prior written permission.

The headings used in this agreement are included for your convenience and will not limit or affect these Terms.

 

ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this site is not accurate, complete or current. The content of this site is provided for informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain certain historical information. Historical information, by nature, is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES

The prices of our products may be changed without notice.

We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without notice and at any time.

We will not be liable to you or any other third party for any price modification, suspension or interruption of the Service.

 

ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.

We have made every effort to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that the display of colors by your computer screen will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions and product pricing are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or any other merchandise you have obtained or purchased will meet your expectations, or that any errors in the Service will be corrected.

 

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, could appear to come from merchants, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

For more details, please consult our Return Policy.

 

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, control nor influence.

You acknowledge 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 legal liability arising from or related to the use of these optional third-party tools.

If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should consult the conditions under which these tools are offered by the relevant third-party provider(s).

We may also, in the future, offer new services and/or new features on our site (including new tools and new resources). These new features and new services will also be subject to these Terms of Sale and Use.

 

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include elements from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to examine or evaluate the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER USER SUBMISSIONS

If, at our request, you submit specific content (for example, to participate in contests), or if without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are not and shall not be obligated (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to do so, monitor, edit or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms of Sale and Use.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for all comments you make and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.

 

ARTICLE 10 – PERSONAL INFORMATION

The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

 

ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS

It may happen that there are sometimes information on our site or in the Service that could contain typographical errors, inaccuracies or omissions that could relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery 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 the Service or on any related website is inaccurate, at any time and without prior notice (including after you have placed your order).

We are under no obligation to update, modify or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

 

ARTICLE 12 – PROHIBITED USES

In addition to the prohibitions set forth in the Terms of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Rivolito.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no case 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 any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rivolito.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale and Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Sale and Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ARTICLE 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Sale and Use shall not constitute a waiver of such right or provision.

These Terms of Sale and Use and any policies or operating rules posted by us on this site or in respect to the Service constitutes 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, but not limited to, any prior versions of the Terms of Sale and Use).

Any ambiguities in the interpretation of these Terms of Sale and Use shall not be construed against the drafting party.

 

ARTICLE 18 – GOVERNING LAW

These Terms of Sale and Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in force in Canada

 

ARTICLE 19 – CHANGES TO TERMS OF SALE AND USE

You can review the most current version of the Terms of Sale and Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Sale and Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Sale and Use constitutes acceptance of those changes.

 

ARTICLE 20 – CONTACT INFORMATION

Questions about the Terms of Sale and Use should be sent to us at rivolito.support@gmail.com.