Terms of service

OVERVIEW
Welcome to PAOLA MONTANARI! The terms "we," "us," and "our" refer to PAOLA MONTANARI. PAOLA MONTANARI operates this store and website—including all information, content, features, tools, products, and services—to provide you, the customer, with a proper shopping experience (the "Services"). PAOLA MONTANARI is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies contained herein (the "Terms and Conditions of Service" or "Terms"), outline your rights and responsibilities when using the Services.

Please read these Terms and Conditions of Service carefully, as they contain important information regarding your legal rights and cover areas such as warranty disclaimers 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. If you do not agree to these Terms and Conditions of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms and Conditions of Service, you represent that you are of legal age in the state or province of your residence and have given us consent to allow any minors associated with you to use the Services on devices you own, purchased, or manage.
To use the Services—including accessing or browsing our online stores or purchasing products and services offered by us—you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information provided in our stores is accurate, current, and complete, and that you hold all necessary rights to provide such information.
You are responsible for your account activity and the protection of your account credentials. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have endeavored to present our products and services accurately in our online stores. However, the display of product colors and appearance may vary depending on the device used to access the store and that device's settings and configuration.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to the descriptions or images shown in our online stores.
All product descriptions are subject to change at any time, without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. PAOLA MONTANARI reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until PAOLA MONTANARI confirms its acceptance. We must receive and process payment before accepting an order. Please carefully review your order before submitting it, as PAOLA MONTANARI may not be able to accommodate requests to cancel an order after acceptance. In the event that an order is rejected, modified, or cancelled, we will notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are eligible for return or exchange solely in accordance with our Refund Policy.
You represent and warrant that you are making purchases for personal or family use and not for resale or export.

SECTION 4 - PRICES AND BILLING

Product prices and shipping costs are final prices. Paola Montanari operates under the flat-rate tax regime pursuant to Law 190/2014 and is not subject to VAT. Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price 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, customs duties, or costs for shipping, handling, and importation. Prices indicated for international markets are expressed in the customer's local currency and are automatically converted from the Euro. Prices may undergo slight variations over time due to fluctuations in global exchange rates. The price applied at the time of the order is final. Prices published in our online stores may differ from prices offered in physical stores, other online stores, or stores managed by third parties. From time to time, we may offer promotions on Services that affect pricing and are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of an offer and these Terms, the terms of the offer shall prevail. For all purchases made in our stores, you agree to provide accurate, current, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use such credit card for purchases, (iii) the charges incurred by you will be honored by the credit card company, and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling fees and all other applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs procedures, or events beyond our control. Once the products are handed over to the carrier, ownership and the risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services—including but not limited to artwork, illustrations, trademarks, branding, text, visuals, images, graphics, product reviews, video, and audio, as well as their design, selection, and arrangement—are the property of PAOLA MONTANARI, its affiliates, or its licensors, and are protected by Italian and European copyright laws and international conventions. Any unauthorized reproduction is prohibited. These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, copy, publicly display or perform, republish, download, store, or transmit any material related to the Services without our written consent. Except as expressly stated, nothing in these Terms grants, or may be interpreted as granting, any license or other rights to you regarding patents, trademarks, copyrights, or other intellectual property belonging to PAOLA MONTANARI, Shopify, or third parties. Unauthorized use of the Services may result in a violation of intellectual property laws. All rights not expressly granted herein are reserved by PAOLA MONTANARI.
PAOLA MONTANARI’s names, logos, product and service names, designs, and slogans are trademarks of PAOLA MONTANARI or its affiliates or licensors. You may not use such trademarks without PAOLA MONTANARI’s written authorization. Shopify’s name, logo, product and service names, designs, and slogans 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 third-party tools provided as part of the Services, which we neither monitor nor control nor 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.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be 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 examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If 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 carefully read and understand the policies and practices of the relevant third parties before engaging in 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
PAOLA MONTANARI is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made in our Store take place directly between you and PAOLA MONTANARI. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and PAOLA MONTANARI, including any injuries, damages, or losses arising 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 made by you with PAOLA MONTANARI.

SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here, and certain personal data may be subject to Shopify’s Privacy Policy, available 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 regarding your access to and use of the Services in order to provide and improve the Services for you. To provide and improve the Services for you, the data you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than your own. Please consult 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, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback via any medium for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, and to fulfill our obligations and exercise our rights as set forth in the Terms of Service.
Furthermore, you acknowledge and agree that: (i) you possess 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 under no obligation to (1) maintain the confidentiality of your Feedback; (2) compensate you for your Feedback; or (3) respond to your Feedback.
Although we are not obligated to do so, we may monitor, edit, or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms of Service.
You represent that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, or publicity rights, or any other personal or proprietary rights. You further represent that your Feedback will not contain defamatory, unlawful, offensive, or obscene material, nor will it contain any virus or other computer malware that could affect the operation of the Services or any related website. You must not use a fake email address, pretend to be someone else, or mislead us or third parties regarding the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or by third parties.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information relating to or included in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, promotions, 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 is erroneous, at any time and without prior notice (including 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 regulations, rules, laws, or ordinances; (c) infringing upon or violating our intellectual property rights or those of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or offending our employees or any other person; (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) impersonating or attempting to impersonate another person or entity; (i) engaging in any other conduct that prevents or inhibits others from using or accessing the Services, or that we deem dangerous to PAOLA MONTANARI, Shopify, or the users of the Services, or that exposes them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or circumvent 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 prior notice, if we believe that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at any time, at our discretion and without prior notice; you will remain liable for all amounts due up to the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Limitation of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature survives termination.

SECTION 15 - LIMITATION OF WARRANTIES
The information presented in or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, by any visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY PAOLA MONTANARI, 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, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, 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 case shall Paola Montanari, our partners, officers, officials, employees, affiliates, agents, contractors, 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, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), or otherwise, arising from your use of the services or any products obtained through the services; nor for any other claim related in any way to your use of the services or products, 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 services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of the possibility thereof.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PAOLA MONTANARI, 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, payable to any third party arising out of: (1) your breach of these Terms of Service or the documents incorporated herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that a failure to notify you immediately does not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of such claims, including by providing relevant documents.

SECTION 18 - 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.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Shopify 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 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notifying you or obtaining your consent.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where PAOLA MONTANARI is based, and subject to the jurisdiction of the federal, state, or territorial courts therein. You and PAOLA MONTANARI consent to venue and personal jurisdiction in said courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 23 - 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. We will notify you of changes to any part of these Terms in accordance with applicable laws, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to the Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions regarding the Terms and Conditions of Service should be sent to the address support@paolamontanari.com. Our contact details are listed below:

Paola Montanari 
artstudio@paolamontanari.com
Lodi, ITALIA