Terms of service

OVERVIEW

Welcome to 13 Design! The terms “we” and “our” refer to 13 Design. 13 Design operates this store and website, including the information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the “Services”). 13 Design is supported by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies contained herein (“Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

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

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 in which you reside, and that you have given consent to allow any minors linked to you to use the Services on devices you own or purchase or manage.

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

Your account activity and the security of your account credentials are your responsibility. You must not transfer, sell, assign, or sublicense your account to others.

SECTION 2 - OUR PRODUCTS

We have made efforts to accurately present our products and services in our online stores. However, product color and appearance may vary depending on the type of device you use to access the store and the settings and configuration of that device.

We cannot guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.

All product descriptions are subject to change at any time, without notice and at our discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered from time to time for any person, geographic area, or jurisdiction.

SECTION 3 - ORDERS

When you place an order you are making an offer to purchase. 13 Design reserves the right to accept or reject your order in its sole discretion for any reason. Your order is not confirmed until 13 Design confirms acceptance. Before accepting an order we must receive and process payment. Please check your order carefully before submitting it, since 13 Design may not be able to accommodate cancellation requests after an order has been accepted. In the event of rejection, modification, or cancellation of an order, we will notify you by contacting the email, billing address and/or phone number you provided at the time of order submission.

Your purchases are subject to return or exchange only in accordance with our Refund Policy.

You represent and warrant that you are purchasing for personal or family use and not for resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time of order submission and will be visible in your order confirmation email. Unless otherwise stated, prices listed do not include taxes or customs duties or costs of shipping, handling, and importation.

Prices listed in our online stores may differ from prices offered in physical stores or online or other stores operated by third parties. From time to time we may run promotions on the Services that affect prices and that are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

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

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are authorized to use the credit card for purchases, (iii) charges owed to you will be honored by the credit card company, and (iv) you will pay the charges billed to you according to the prices posted, including shipping and handling charges and any applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by 13 Design, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit material from the Services without our prior written consent. Except as expressly stated, these Terms do not grant you any license or other rights to 13 Design’s, Shopify’s, or any third party’s patents, trademarks, copyrights, or other intellectual property. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved to 13 Design.

The names, logos, product and service names, designs and slogans of 13 Design are trademarks of 13 Design or its affiliates or licensors. You must not use such trademarks without the written permission of 13 Design. The name, logo, product and service names, designs and slogans of Shopify 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 be offered access to third-party customer tools as part of the Services that we do not review, control, or include.

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 arising from or relating to your use of optional third-party tools.

Your use 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 accept the terms on which such tools are provided by the applicable third-party providers.

From time to time we may offer new services and features through the Services (including the launch of new tools and resources). Such new features are 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 reviewing or evaluating the content or accuracy of materials or third-party websites you choose to access. If you elect to leave the Services to access such materials or third-party sites, you do so at your own risk.

We are not responsible for any issues or damages arising from your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please read and understand the privacy policies and practices of those third parties before making any transaction. Any claims, concerns, or questions regarding third-party products and services should be directed to those third parties.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section describes in detail Shopify’s relationship with your store and must not be removed or modified.]

13 Design is powered by Shopify, which enables us to provide the Services. However, sales and purchases made by you in our Store are conducted directly with 13 Design. By using the Services you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and 13 Design, including any injury, loss or damage resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or relating to purchases and transactions you make with 13 Design.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, available here privacy, and certain personal data may be subject to Shopify’s Privacy Policy, available here. By using the Services you acknowledge that you have read the foregoing privacy policies.

Because Shopify supports the Services, Shopify collects and processes personal data relating to your access 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 different from yours. See 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 ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively “Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial purposes. For example, we may exercise our rights under this license to manage, provide, evaluate, improve, enhance and promote the Services, and to perform obligations and exercise our rights under the Terms and Conditions of Service.

You further represent and agree that: (i) you have all necessary rights to the Feedback; (ii) you have disclosed any rewards or incentives received for providing Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback.

Although not obligated, we may monitor, edit or remove Feedback that, in our sole discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates intellectual property or these Terms and Conditions of Service.

You represent that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity or any other personal or proprietary right. You also represent that your Feedback will not contain defamatory or otherwise unlawful, offensive or obscene content, nor will it contain viruses or other computer code that may affect the operation of the Services or any linked website. You must not use a false email address, impersonate any person, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility for Feedback posted by you or third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally the information on the Services or in connection with them may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, 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 on 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 must not access or use the Services, directly or indirectly, to: (a) engage in illegal or malicious activities; (b) violate any local, provincial, state, federal, or international law, statute, ordinance or regulation; (c) infringe or violate our intellectual property rights or those of others; (d) harass, abuse, insult, harm, defame, slander, denigrate, intimidate or offend our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use or re-use material that is not in accordance with these Terms; (g) transmit or procure the sending of advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) impersonate or attempt to impersonate another person or entity; (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which we deem, in our sole discretion, to be harmful to 13 Design, Shopify or users of the Services, or that exposes them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or other malicious code that could be used to adversely affect the operation or functionality of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) harvest or collect personal data of other users; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (e) interfere with or circumvent any security features of the Services or related sites, other sites, 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 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 sole discretion and without notice; you will remain responsible for all amounts due through the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimers, 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 - WARRANTY DISCLAIMER

The information provided on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. You rely on such information at your own risk. We accept no responsibility for any reliance placed on such materials by you, any other visitor to the Services, or anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY PROVIDED BY 13 DESIGN, 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, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, 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, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 13 DESIGN, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS OR LICENSORS, OURS OR SHOPIFY’S AND THEIR AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR OTHER SIMILAR DAMAGES, ARISING OUT OF CONTRACTUAL LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT, ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR THE CONTENT (OR PRODUCTS) MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF NOTICE OF SUCH POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless 13 Design, Shopify and our affiliates, partners, officers, directors, employees, agents, merchants, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, arising out of or resulting from: (1) your breach of these Terms and Conditions of Service or the documents they incorporate by reference; (2) your violation of law or the rights of any third party; or (3) your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify does not relieve you of your obligations unless you are materially prejudiced. We may assume control of the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle claims that impose non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any claim for which we are entitled to indemnification, including by providing relevant documents.

SECTION 18 - SEVERABILITY

If any provision of these Terms and Conditions of Service is held to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law and the remainder of the Terms and Conditions of Service shall remain in effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of Shopify or 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 relation 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 version of these 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 20 - ASSIGNMENT

You must not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent; any attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without notice or your consent.

SECTION 21 - GOVERNING LAW

These Terms and Conditions of Service and any separate agreement whereby we provide you Services shall be governed by and construed in accordance with the federal, state or territorial courts located in the jurisdiction where 13 Design is based. You and 13 Design agree to submit to the personal jurisdiction of such 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 THE TERMS AND CONDITIONS OF SERVICE

You may review the 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, modify, or replace any part of these Terms and Conditions of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date indicated in the notice. Your continued use or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 24 – ONLINE STORE TERMS

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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow your minor dependents 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 code of a destructive nature.
Any breach or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 25 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely 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, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site.

SECTION 25 - CONTACTS

Questions about the Terms and Conditions of Service should be sent to info@13design.it.

Our contact details are as follows:

13 Design SRL
info@13design.it
Via Monte Grappa 40/50 - Arese MI - 20044 - Italy
+39 0250305859
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]