Welcome to our website francofortini.shop (the “Website”). The Website is owned and operated by Franco Fortini LLC (“Franco Fortini”, “we” or “us”). These Terms and Conditions set forth the terms and conditions under which you may access and use our Website. Please read these Terms and Conditions carefully before using the Website.
By accessing or using the Website, you agree to be legally bound by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms and Conditions, you may not access or use the Website.
1. Definitions
- “Customer” refers to any user of the Website.
- “You” or “Your” refers to the Customer accessing the Website.
- “Product” means any product or service displayed on the Website that can be purchased by a Customer.
- “Order” means any order placed by a Customer through the Website to purchase one or more Products.
- “Account” means the personalized account a Customer must create to place Orders on the Website.
2. Products Display and Product Descriptions
We strive to display Products and provide Product descriptions and images that represent the Products accurately on the Website. However, we do not guarantee that the image, color, or other depiction of the Product on the Website represents the actual appearance or features of the Product delivered. The image, description, and specifications of Products on the Website are for illustrative purposes only. We cannot guarantee that your device displays colors or details accurately. Please read Product descriptions carefully before making a purchase.
3. Order Process and Purchase Terms
3.1 Product Prices and Availability
Prices and availability of Products are subject to change at any time. The price charged for a Product will be the price displayed on the Website at the time the Order is placed. Price increases will not affect any Orders that have been placed and confirmed prior to the price increase.
3.2 Order Acceptance and Processing
Your receipt of an order confirmation does not signify our acceptance of your Order. We reserve the right to accept or deny an Order for any reason at any time. If we deny your Order after you have already been charged, we will refund you the full amount charged. We will make reasonable efforts to fulfill all Orders, but do not guarantee availability of any Product.
3.3 Payment
You agree to pay all charges owed pursuant to an Order at the prices displayed at the time the Order is submitted. You also agree to pay any applicable sales, use, value added, or other taxes associated with Your Orders. We may charge your credit card or other payment method at Order submission for pre-authorization of funds needed to complete the Order. You agree that we may place a temporary hold on your credit card for the pre-authorization amount, which reduces your available credit limit.
3.4 Shipping and Delivery
We will arrange for shipment of Products to the delivery address designated by you at checkout and provide you with a shipment confirmation email that contains a tracking number. Please inspect all Products promptly upon delivery. You must notify us within 48 hours of delivery if you believe any Product is defective, damaged or does not match your Order. We reserve the right to deny or delay shipping due to inclement weather or other events outside of our control.
Title and risk of loss pass to you upon our transfer of the Products to the carrier. We will maintain reasonable shipping insurance coverage, but are not liable for lost shipments or damage that occurs in transit. All shipping dates on the Website are estimates only and we do not guarantee delivery on or by a certain date. We will not be liable for any delays in shipment.
3.5 Refund and Return Policy
If you are not fully satisfied with any Product purchased on the Website, you may request a refund within 30 days of delivery for a full refund of the purchase price, minus any shipping fees. To request a refund, please contact us at [email protected]. You must obtain a return authorization and return instructions before sending back any items. Refunds are only available for Products returned in original condition with tags still attached. Customized Products are final sale and not eligible for refund or exchange.
4. Accounts and Passwords
You are responsible for safeguarding your password for your Account. You agree not to disclose your password to any third party and to notify us immediately if your password has been compromised. You are solely responsible for any activities or actions on the Website via your Account, whether or not you authorized such activities. We are not liable for any loss that results from your failure to adequately safeguard your password or Account.
5. User Content
If you submit, post, upload, publish or display any reviews, photos, videos, audio recordings, or other content as part of your use of the Website (“User Content”), you agree to only provide User Content that you have the right to submit. You will maintain backup copies of your User Content.
By submitting User Content, you grant us a worldwide, perpetual, irrevocable, transferable, license to access, use, publish, disclose, delete or display User Content in connection with operating and providing the Website, without compensation to you. We are not responsible or liable for any use of your User Content by third parties. You represent and warrant that your User Content and our use of such material does not and will not violate any third party rights.
6. Acceptable Use Policy
You agree not to use the Website to:
- Violate any local, state, national or international laws;
- Infringe on any intellectual property rights or privacy rights;
- Damage, disable or impair the Website;
- Transmit any harmful code, malware or viruses;
- Engage in disruptive or abusive behavior that prevents others from enjoying the Website;
- Override any security feature or bypass or circumvent any access controls or use limits of the Website;
- Attempt to gain unauthorized access to other computer systems through the Website.
We may suspend or terminate your Account and your ability to use the Website at any time if we determine in our sole discretion that you have violated these Terms and Conditions.
7. Intellectual Property Rights
As between you and Franco Fortini, we retain all ownership rights to the Website and its content, features and functionality, including all intellectual property rights. This includes copyrights, trademarks, service marks, trade dress, and other intellectual property rights. You agree to abide by all copyright notices, trademark rules, information, and restrictions we have placed on the Website.
You may use content on the Website solely for your personal, non-commercial use. You may not copy, modify, distribute, sell, license or create derivative works from any content without express written consent from us. The trademarks, service marks, trade names, trade dress, and logos on the Website are the property of Franco Fortini or its affiliates.
8. Disclaimer of Warranties
Your use of the Website is entirely at your own risk. The Website and all content, functionality and services offered through the Website are provided “as is” without any warranties or conditions of any kind. We do not make any representations or warranties about the information provided on the Website.
We make no warranty that:
- The Website will meet your requirements;
- The Website will be available on an uninterrupted, timely, secure, or error-free basis;
- The Website will be accurate or reliable;
- Any errors on the Website will be corrected;
- The Website will be free from viruses or harmful code.
Any Products purchased through the Website are provided “as is” without any warranties or conditions of any kind. We make no representations or warranties about the accuracy, reliability, completeness, safety, quality or suitability of any Product.
9. Limitation of Liability
Franco Fortini, including our officers, directors, shareholders, employees, agents, partners and affiliates will not be liable for any damages or losses arising from your use of the Website, including direct, indirect, special, incidental, consequential, exemplary or punitive damages. This limitation applies regardless of whether the damages were foreseeable or whether we have been advised of the possibility of such damages.
The limitation applies to all legal theories, whether based on warranty, contract, statute, tort (including negligence) or otherwise. We will not be liable for any damages or harm that may result from your inability to access or use the Website, including harm to computers, mobile devices or other equipment. Some jurisdictions do not allow limitations of liability, so these limitations may not apply to you.
10. Indemnification
You agree to fully indemnify, defend and hold harmless Franco Fortini and our officers, directors, employees, agents, partners and affiliates from any damages, liabilities, claims, actions, losses and expenses, including attorneys’ fees, arising from:
- Your use or misuse of the Website;
- Your violation of these Terms and Conditions;
- Any content or User Content you submit or display on the Website;
- Your violation of any third party rights.
We reserve the right to assume the exclusive defense and control of any claim subject to indemnification by you. You agree to cooperate and assist us in the defense of any such claim.
11. Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.
12. Termination
We reserve the right to terminate your Account and your access to the Website at our sole discretion, for any reason and without notice, including your breach of these Terms and Conditions. We may suspend or prohibit your access to the Website even if you have not breached these Terms and Conditions. Upon termination, your license to use the Website will automatically terminate. You agree that we will not be liable for any damage or loss related to the termination of your Account or access to the Website.
Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 and 15 will survive any termination of these Terms and Conditions or your Account.
13. Choice of Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of Tennessee, without regard to its choice of law rules. Any legal actions, claims or demands related to the Website or these Terms and Conditions shall be subject to the exclusive jurisdiction of the state and federal courts located in Nashville, Tennessee. You expressly waive any objection you may have to either jurisdiction or venue in these courts.
14. Modifications and Interruption to the Website
We reserve the right to modify or discontinue all or any portion of the Website at any time in our sole discretion and without notice to you. We will not be liable for any modifications or discontinuation of the Website or any part of the Website. We also cannot guarantee continuous, uninterrupted or secure access to the Website. You agree that we will not be liable for any interruptions in the availability of the Website.
15. Miscellaneous
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. These Terms and Conditions constitute the entire agreement between you and us regarding use of the Website. Any failure by us to exercise or enforce rights under these Terms and Conditions does not constitute a waiver of such rights. You may not assign your rights or obligations under these Terms and Conditions without our express written consent. We may assign our rights and obligations without restriction.
16. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Franco Fortini LLC
123 Main St
Nashville, TN 37205
United States
Email: [email protected]
