Terms of service

TERMS AND CONDITIONS OF SERVICE

OVERVIEW

This website is operated by Zenithfitz. The terms “we” and “our” within the site refer to Zenithfitz. Zenithfitz offers you this website, including all information, tools, and services available, on the condition that you, as a user, accept all the terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to visitors, vendors, customers, merchants, and contributors of content.

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

Any new features or tools added to the current store will also be subject 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 to update, change, or replace any part of the Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for modifications. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services.

SECTION 1 - ONLINE STORE TERMS

By accepting 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 have given us consent to allow any minors under your care to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any other harmful code.

A breach or violation of any of the Terms will result in the immediate termination of your right to use the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding 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.

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

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

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete, or up-to-date. The materials on this site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more reliable, accurate, complete, or up-to-date sources of information. Any reliance on the material on this site is 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 are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund and Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products in the store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right (but are not obligated) to limit the sale 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 products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service on this site is void where prohibited.

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

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, using the same credit card, and/or orders that use the same billing and/or shipping address. If we make changes to or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other details, such as your email address, credit card number, and expiration date, so that we can complete transactions and contact you as needed.

For more details, please review our Refund and Return Policy.

SECTION 7 - OPTIONAL TOOLS

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, conditions, or endorsements. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

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

Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites. We do not provide any guarantees and assume no responsibility for third-party materials, websites, or other third-party products or services.

We are not liable for any damages related to the purchase or use of goods, services, resources, content, or any other transactions made through third-party websites. Please carefully review the policies and procedures of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

SECTION 9 - COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send us certain materials—whether online, by email, by postal mail, or otherwise (collectively referred to as “comments”)—such as contest entries at our request, or without a request from us, including creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use in any medium any comments you send us. We are under no obligation to (1) maintain comments in confidence, (2) pay compensation for comments, or (3) respond to comments.

We may (but are not obligated to) monitor, edit, and remove content that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, you agree that your comments will not contain defamatory or otherwise illegal, offensive, or obscene material, nor any computer virus or malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you submit and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

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

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be typographical errors, inaccuracies, or omissions on our site or within the Service regarding product descriptions, pricing, promotions, offers, shipping charges, delivery times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions by updating the information or canceling orders if any information in the Service or on any related website is found to be incorrect—at any time and without prior notice (including after an order has been placed).

We undertake no obligation to update, amend, 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 in the Service or any related website should be interpreted as an indication that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms and Conditions of Service, 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, 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, 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.

SECTION 13 - DISCLAIMER OF WARRANTIES; 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 obtained from the use of the service will be accurate or reliable.

You acknowledge that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without 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 delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, 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.

In no case shall Zenithfitz, its directors, officers, employees, affiliates, agents, contractors, interns, 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 any of the services 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Zenithfitz and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

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

SECTION 16 - TERMINATION

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

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

SECTION 17 - ENTIRE AGREEMENT

The failure of us 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 respect to 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, 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 18 - GOVERNING LAW

These Terms and Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Via Nino Bixio 6/2 31038 Paese TV Italy.

SECTION 19 - CHANGES TO TERMS AND CONDITIONS OF SERVICE

You can review the most 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, change, or replace any part of these Terms and Conditions 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 and Conditions of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms and Conditions of Service should be sent to us at info@zenithfitz.net.