Terms of service

OVERVIEW

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

The following terms and conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

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

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

SECTION 1 – ACCESS AND ACCOUNT

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, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide through our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. You may not transfer, sell, assign, or sublicense your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately describe our products and services through our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen depending on the device you use to access the store and your device settings and configurations.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the descriptions or displays on our online stores.

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 products that we offer 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. Italian Foodee reserves the right to accept or reject your order for any reason at its discretion. Your order is only accepted once confirmed by Italian Foodee. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Italian Foodee may not be able to accommodate cancellation requests once an order has been accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

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

You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.

SECTION 4 – PRICING AND PAYMENT

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

Prices listed in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may occasionally offer promotions on the Services that may affect pricing and are governed by separate terms and conditions from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the listed prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we deliver the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Italian Foodee, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property right of Italian Foodee, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Italian Foodee.

The names, logos, product and service names, designs, and slogans of Italian Foodee are trademarks of Italian Foodee or its affiliates or licensors. You may not use such trademarks without the prior written permission of Italian Foodee. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control nor have any input into.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party provider provides the tools.

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 deemed part of the Services and subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials 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 harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before engaging in any transaction. 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 MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]

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

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify will collect and process personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you send, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and perform 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 incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

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

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in our Services that contains typographical errors, inaccuracies, or omissions relating 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 Services is inaccurate at any time without prior notice (including after you have submitted your order).

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: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local laws, regulations, rules, or ordinances; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including spam, chain letters, or any similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Italian Foodee, Shopify, or users of the Services or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any of the foregoing prohibitions.

SECTION 14 – TERMINATION

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

The following provisions will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

All information provided through the Services is for general informational purposes only. 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.