Terms of service

OVERVIEW
Welcome to DELAMIA! The terms “we”, “us” and “our” refer to DELAMIA. DELAMIA operates this store and website, including all related information, content, features, tools, products and services, in order to offer you, as the customer, a curated shopping experience (the “Services”). DELAMIA is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions set out below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your state or region of residence and that you have given us your consent for any of your minor family members 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 product or service we offer, you may be asked to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information provided in our store is accurate, current and complete and that you have all the rights necessary to provide it.
You are solely responsible for keeping your account credentials secure and for all activity carried out on your account. You may not transfer, sell, assign or license your account to any third party.

SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colours or appearance of products may differ from how they appear on screen, depending on the type of device used to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or match what is represented or displayed in 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 product offered to any person, geographic area or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. DELAMIA reserves the right to accept or refuse the order for any reason, at its discretion. An order is not accepted until DELAMIA confirms its acceptance. Payment must be received and processed before the order is accepted. Please check your order carefully before submitting it, as DELAMIA may not be able to accommodate cancellation requests after the order has been accepted. If your order is not accepted, or is modified or cancelled, we will attempt to notify you using the email address, billing address and/or phone number provided at the time of the order.
Purchases may be returned or exchanged only in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in force at the time the order is submitted and will be indicated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping or handling charges, customs duties or import costs.
Prices published in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time we may offer promotions on the Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and their expiry dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) the charges incurred will be honoured by the credit card issuer, and (iv) the amounts charged will be paid at the published prices, including shipping and handling charges and all applicable taxes, if any.

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

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, are owned by DELAMIA, its affiliates or its licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing contained herein grants, or shall be construed as granting, any licence or other right in or to any patents, trademarks, copyrights or other intellectual property rights of DELAMIA, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by DELAMIA.
DELAMIA’s names, logos, product and service names, designs and slogans are trademarks of DELAMIA or its affiliates or licensors. You may not use such trademarks without DELAMIA’s prior written consent. 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 on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may be given access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without 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 the 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 and conditions under which such tools are provided by the relevant third-party providers.
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 considered part of the Services and subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may include materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to accessing third-party websites or the purchase or use of products, services, resources or content available on third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before entering into 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
DELAMIA is supported by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly with DELAMIA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and DELAMIA, including any damages, injuries or losses arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchases and transactions with DELAMIA.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may be subject to the provisions of Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read the Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes 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, as well as with third parties that may be located in a country other than the one in which you reside, in order to provide the services to you. Please see our Privacy Policy for further details on how we, Shopify and our partners use your personal data.

SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. For example, we may exercise the rights under this licence to operate, provide, evaluate, improve, refine and promote the Services and to fulfil 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 incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are not and shall not be obliged to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback.
We may, without any obligation to do so, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes 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 libellous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way 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 provide 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 within the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Where any information is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam or any other similar solicitation; (h) to impersonate or attempt to impersonate any other 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 DELAMIA, 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 will or may be used in any way to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext on the Services; (e) use any robot, spider, scraping tool, data harvesting or extraction tool, automated device or process, artificial intelligence tools (such as agentic AI) or any automated or manual means to access the Services; or (f) interfere with, circumvent or bypass the security or authorisation features, robots exclusion headers or other measures we adopt to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS
14.1 This section (Agent Terms) applies if you use, allow, enable or cause an Agent to be deployed to access, use or interact with the Services. “Agent” means any software or service that takes autonomous or semi-autonomous actions on behalf of, or at the direction of, any person or entity, and that may run on behalf of, or by means of, that person’s device, without direct supervision.
14.2 No Agent may access, use or interact with the Services except on the condition that, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.
14.3 We may set limits, including through technical measures, on the manner in which, and the conditions under which, an Agent may access, use and interact with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request comes from an Agent and declare the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate the fact that any access, use or interaction comes from an Agent, for example by (a) imitating human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt intended to determine whether interactions come from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
Even after any termination, the following sections shall survive: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY DELAMIA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES 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, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL DELAMIA, OUR PARTNERS, DIRECTORS, OFFICERS, 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), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, 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 THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless DELAMIA, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, owed to third parties or arising from (1) your breach of these Terms of Service or the documents incorporated herein by reference, (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 claim, provided that any failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim imposing non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documentation.

SECTION 19 – 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 severed from these Terms of Service; such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; 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 of 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent and without notice.

SECTION 22 – 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 federal and state or territorial laws of the jurisdiction in which DELAMIA is based. You and DELAMIA consent to the venue and personal jurisdiction of such courts.

SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 24 – CHANGES TO THESE 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, 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@delamia.it.
Our contact information is posted below:

DELAMIA di Alice Chinca
info@delamia.it
Via Alessandro Manzoni 83/A, 41030 Bomporto (MO), Italy
P. IVA 04240300360