TERMS AND CONDITIONS

Overview

Welcome to www.silviofiorello.com (“the Website”).  This website is operated by Silvio Fiorello Inc., a Florida corporation (“we,” “us,” or “our”) as a service (the “Service”) to you, the user.

Please read these Terms of Service carefully before purchasing our products or accessing or using our Website. By purchasing our products or accessing or using any part of the site, you agree to be bound by these Terms of Service. These Terms of Service apply to all purchasers of our products and users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.  Any new features or tools which are added to the current store shall also be subject to these Terms of Service.

Products Offered

Certain products are offered to you via the Service. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.  For more detail, please review our Return Policy.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Prices for our products are subject to change without notice.  We reserve the right at any time and without notice to modify or discontinue the Service (or any part or content thereof).  We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information 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. Any reliance on the material on this site is at your own risk.

We have made every effort to display as accurately as possible the colors and images of our products that appear on this site. We cannot guarantee that your computer monitor's display of any color will be accurate.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents 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.

Occasionally there may be information on our site that contains 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 the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, 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.

Intellectual Property Rights

Silvio Fiorello Inc. retains all rights, title, and interest, including all intellectual property rights, in and to the Service, including, without limitation, the Website, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, and the trademarks, service marks, and logos contained therein (collectively, the "Intellectual Property"). The Service and the Intellectual Property are protected under U.S. and foreign copyright and intellectual property laws. Except as expressly provided in these Terms of Service, no part of the Service and no Intellectual Property may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You are granted a limited license to access and make personal, non-commercial use of the Service. This license does not allow you to make any use of the Service or the Intellectual Property not expressly permitted by these Terms of Service. Any use of the Service or the Intellectual Property other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.

Third-Party Tools, Links, and Materials

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.  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 liability whatsoever arising from or relating to your use of optional third-party tools.

Certain content, products and services available via our Service may include materials from third-parties or links to third-party websites.  We are not responsible for examining or evaluating the content or accuracy 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.

Before using third-party tools, links, or materials, you are advised to review the terms of service and privacy policies of these third-parties.

Personal Information

Your submission of personal information through the Service is governed by our Privacy Policy.  For more detail, please review our privacy policy.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Prohibited Uses

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.

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

Warranties, Limitation of Liability

We warrant that all products sold through our online store shall be free from defects in materials and workmanship at the time of purchase.  If any product is found to have been defective at such time, we will, in our sole discretion, either repair or replace the defective product free of charge.

This warranty is only applicable to the original purchaser of the product and is non-transferable. To make a warranty claim, the purchaser must provide proof of purchase and notify us in writing within a reasonable time after discovering the defect.  We may require the return of the defective product for inspection and verification of the claimed defect.

This limited warranty does not cover damages caused by misuse, abuse, neglect, improper care, accidents, alterations, or normal wear and tear. It also does not cover damages resulting from any unauthorized repairs or modifications made to the product.

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

OUR SOLE WARRANTY TO YOU WITH RESPECT TO PRODUCTS SOLD TO YOU IS CONTAINED IN THIS SECTION.  THE WARRANTY SET FORTH IN THIS SECTION IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ALL OF WHICH ARE DISCLAIMED.

In no case shall Silvio Fiorello Inc., our parent, affiliates, officers, directors, employees, agents, contractors, suppliers, service providers or licensors 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 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.

Indemnification

You agree to indemnify, defend and hold harmless Silvio Fiorello Inc. and our parent, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 Service, 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).

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

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 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 purchase of the products and 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 Service).

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

Governing Law

These Terms of Service and any separate agreements whereby we provide you with the products shall be governed by and construed in accordance with the laws of the State of Florida.

Changes to Terms of Service

You can review the most current version of the Terms of Service 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 Service 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 Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at info@silviofiorello.com.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [insert email].  You may also contact us by writing to Silvio Fiorello Inc., 1200 Brickell Ave, Suite 1950 #1064, Miami, Florida 33131.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.