Terms of service
OVERVIEW
Welcome to Pokearth! The terms "we" and "our" refer to Pokearth. Pokearth operates this store and website, including the information, content, features, tools, products and services, in order to provide you, as the customer, with an appropriate shopping experience (the "Services"). Pokearth is powered by Shopify, which enables us to provide you with the Services.
The terms and conditions below, together with any notices contained therein ("Terms and Conditions of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty limitations and liability limitations.
By visiting, interacting with or using our Services, you agree to be bound by such Terms and Conditions of Service and our Privacy Policy [LINK]. If you do not agree to such 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 for the state or province in which you reside, and that you have given us consent to allow any minors connected to you to use the Services on devices you own or have purchased 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 email address and billing, payment and shipping information. You represent and warrant that all information you provide in our stores is correct, current and complete, and that you hold all necessary rights to provide such information.
Your account activity and the protection of your account credentials are your responsibility. You shall not transfer, sell, assign or license your account to other persons.
SECTION 2 - OUR PRODUCTS
We have endeavored to provide an accurate presentation of our products and services in our online stores. However, the display of colors and appearance of products 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 the 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 from time to time the quantities of products offered for any subject, geographic area or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you submit an offer to purchase. Pokearth reserves the right to accept or refuse your order at its discretion for any reason. Your order is not confirmed until Pokearth confirms acceptance. Before accepting an order, we must receive and process payment. Please check your order carefully before submitting, as Pokearth may not be able to accommodate requests to cancel an order after acceptance. In case of refusal, modification or cancellation of an order, we will notify you by contacting you via the email, billing address and/or phone number you provided at the time of order submission.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that you are making purchases 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 actual price at the time of order submission and you can view it in the order confirmation email. Unless otherwise specified, published prices do not include taxes or customs, shipping, handling and import costs.
Prices published in our online stores may differ from prices offered in physical or online stores or in other stores operated by third parties. From time to time we may offer promotions on the Services that affect prices and are subject to terms and conditions independent of these Terms. In case of 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 correct, current and complete information relating to purchase, payment and account. You agree to immediately update your account and other information, including email address and credit card numbers and expiration dates, to enable us to complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you have authorization to use such credit card for purchases, (iii) charges made to you will be fulfilled by the credit card company, and (iv) you will pay the charges made to you according to published prices, including shipping and handling taxes and all other taxes if applicable.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. 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, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as their design, selection and organization, are owned by Pokearth, its affiliates or licensors and are protected by United States and foreign patent, copyright and intellectual property laws.
These Terms permit you to use the Services for personal and non-commercial use only. You shall not reproduce, distribute, modify, create copies, publicly display and perform, republish, download, store or transmit material relating to the Services without our written consent. Except as expressly stated, these Terms contain nothing that guarantees or may be construed as guaranteeing the license or other rights in your favor relating to patents, trademarks, copyrights or other intellectual property of Pokearth, Shopify or third parties. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to Pokearth.
The names, logos, product and service names, designs and slogans of Pokearth are trademarks of Pokearth or its affiliates or licensors. You shall not use such trademarks without the written authorization of Pokearth. 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 in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services and which we do not verify or control or input.
You understand and agree that we provide access to such tools "as is" and "as available" without any kind of warranty, representation or conditions and without any endorsement. We 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 at your own risk and discretion and, furthermore, you must know and accept the terms on which such tools are based provided by the relevant third-party providers.
In the future we may offer new features through the Services (including the launch of new tools and resources). Such new features are to be considered as part of the Services and 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). It is not our responsibility to examine or evaluate the content or accuracy of materials or third-party websites you choose to access. Should you choose 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 problems 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 the notices and practices of the third parties in question and understand them before making any transaction. Any complaints, concerns or questions relating to third-party products and services should be directed to said 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.]
Pokearth is operated by Shopify, which enables us to provide you with the Services. However, sales and purchases you make in our Store occur directly with Pokearth. By using the Services you understand and agree that Shopify is not responsible for any aspect of sales between you and Pokearth, 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 relating to purchases and transactions you make with Pokearth.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], 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 relating to your access and use of the Services to offer and improve the Services for you. In order to offer and improve the Services for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries different from yours. See our privacy policy [LINK] 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 (generally "Feedback"), you grant us a continuing, global, transferable and royalty-free license to use, reproduce, modify, publish, distribute and display said Feedback through any means for any purpose, including commercial. For example, we may assert our rights relating to this license to manage, provide, evaluate, improve, enhance and promote the Services, to perform obligations and exercise our rights as indicated in the Terms and Conditions of Service.
Furthermore, you confirm and agree that: (i) you own 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 not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although not obligated, we may monitor, modify or remove Feedback that, at our discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or in violation of intellectual property or these Terms and Conditions of Service.
You confirm that your Feedback will not violate any rights of any third parties, including copyright, trademark, privacy, personality and any other personal or proprietary rights. You further confirm that your Feedback will not include defamatory or otherwise illegal, offensive or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or any related website. You shall not use a false email address, nor pretend to be someone else or confuse us or third parties regarding the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We assume no responsibility for Feedback posted by you or third parties.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
It may happen that information relating to or included in the Services contains typographical errors, inaccuracies or omissions that may concern product descriptions, prices, offers, promotions, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to modify or update information or cancel orders in case of errors at any time and without notice (even after an order has been submitted).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for legitimate purposes. You may not access or use the Services, directly or indirectly, to: (a) illegal or malicious purposes; (b) violate local, provincial, state, federal and international regulations, rules, laws or ordinances; (c) infringe or violate our intellectual property rights or those of others; (d) harass, oppress, insult, injure, defame, slander, denigrate, intimidate or offend our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) transmit or induce the sending of advertising or promotional material, including "junk email", "chain letters", "spam" or other similar solicitations; (h) pretend or attempt to pretend to be another person or entity; (i) adopt any other type of behavior that prevents or inhibits the use of or access to the Services by other people, or that we deem dangerous to Pokearth, Shopify or users of the Services, or 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 functioning 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 other people; (d) undertake spamming, phishing, pharming, pretexting, spidering, crawling or scraping actions; (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 notice, should we believe you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement at any time or discontinue your access to the Services (or any part thereof) at our discretion and without notice; you will continue to have responsibility for all amounts owed up to the date of termination.
The following sections will continue to be valid after termination: Intellectual Property, Feedback, Termination, Warranty Limitation, Liability Limitation, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy and any other clause that, by its nature, lasts beyond termination.
SECTION 15 - WARRANTY LIMITATION
Information presented in or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness or usefulness of such information. You rely on such information solely at your own risk. We assume no responsibility placed in such materials by you, any visitor to the Services or anyone who may be aware of such content.
EXCEPT AS EXPRESSLY STATED BY POKEARTH, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE AFOREMENTIONED DISCLAIMER MAY NOT BE VALID FOR YOU.
SECTION 16 - LIABILITY LIMITATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POKEARTH, OUR OR SHOPIFY'S AND ITS AFFILIATES' PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, DATA LOSS, REPLACEMENT COSTS OR OTHER SIMILAR DAMAGES, WHETHER ARISING FROM CONTRACTUAL, SPECIAL, TORT (INCLUDING NEGLIGENCE) LIABILITY OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR OTHER CLAIMS RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, ANY LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF NOTICE OF SUCH POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pokearth, Shopify and our affiliates, partners, officers, directors, employees, agents, merchants, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal expenses to be paid to any third party as a result of: (1) your violation of these Terms and Conditions of Service or the documents contained therein, (2) your violation of laws or third-party rights, (3) your access and use of the Services.
We will notify you of any indemnifiable claims, provided that non-immediate notice does not relieve you of your obligations unless you are materially affected. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but will not settle claims requiring non-economic obligations on your part without your consent (which may not be unreasonably withheld). You will cooperate in the defense of non-indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any clause of these Terms and Conditions of Service is deemed illegal, void or unenforceable, it will not be enforceable even to the extent permitted by applicable law, and the severance of the unenforceable part from these Terms and Conditions of Service will be evaluated, such decision will not affect the validity and enforceability of the other remaining clauses.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure by Shopify to exercise or enforce any right or clause of these Terms and Conditions of Service shall not constitute a waiver of such right or clause.
These Terms and Conditions of Service and any notices or operating rules published by us on this site or relating to the Services constitute the entire agreement and understanding between us and you, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between us and you (including but not limited to any previous versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service are not to be construed against the stipulating party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations subject to these Terms without our written consent; any attempt will be void and null. We may transfer, assign or delegate these Terms and our rights and obligations without notifying you or without your consent.
SECTION 21 - APPLICABLE LAWS
These Terms and Conditions of Service and any separate agreement under which we provide you with the Services must be governed and interpreted under federal, state or territorial courts in the jurisdiction where Pokearth is located. You and Pokearth accept the venue and personal jurisdiction in said courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included only for convenience and do not limit or affect these Terms.
SECTION 23 - CHANGES TO TERMS AND CONDITIONS OF SERVICE
You may consult 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 periodically check for changes on our website. We will notify you of changes to any material of these Terms in accordance with applicable laws, and such changes will be effective as of the date indicated in the notice. Your continued use of or access to the Services following changes to the Terms and Conditions of Service constitutes your acceptance of such changes.
SECTION 24 - CONTACT INFORMATION
Questions regarding the Terms and Conditions of Service should be sent to pokearth.design@gmail.com.
Our contact information is provided below:
TrendLab di David Radivo e Marco Lubiana S.n.c.
info@pokearth.com
Frazione Aurisina Cave 24/D, Duino-Aurisina (TS). 34011, Italy
+39 3520428590
IT 01379220328
01379220328
This website is operated by Pokearth. In the context of the website, the terms "we", "us" and "our" refer to Pokearth. Pokearth offers this website, including all information, tools and Services available on this site to you, the User, provided that you accept all the terms, conditions, notices and disclaimers indicated here.
By visiting our website and/or purchasing something from us, you engage with our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions of Service", or "Terms and Conditions" for short), including the additional terms and conditions and notices mentioned here and/or made available through a specific link. These Terms and Conditions of Service apply to all users of the website, including, without limitation, visitors, sellers, customers, merchants and/or content authors.
Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the website, you consent to assume a binding commitment to comply with these Terms and Conditions of Service. If you do not accept all the terms and conditions of this agreement, you may not access the website or use any of the Services offered. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to these Terms and Conditions of Service.
Any new features or tools added to the current version of the store will also be subject to the Terms and Conditions of Service. You may consult the current version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions of Service by posting updates and/or changes on our website. It is your responsibility to periodically consult this page to check for any changes. Continued use of or access to the website after the publication of any changes constitutes acceptance of such changes.
Our store is hosted on Shopify Inc. Shopify provides the online e-commerce platform that enables us to sell our products and services.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms and Conditions of Service, you represent that you are of legal age under the laws in force in your state or province of residence, or that you are of legal age under the laws in force in your state or province of residence and have given your consent for minors in your care to use this website.
You may not use our products for illegal or unauthorized purposes nor violate any of the laws in force in your jurisdiction while using the Service (including, by way of example and not exhaustively, copyright laws).
You must not transmit worms, viruses or any code of a destructive nature.
Violation of any of the Terms and Conditions will result in immediate termination of the Services.
SECTION 2 - GENERAL CONDITIONS
Shopify reserves the right to refuse Service to anyone, for any reason and at any time.
You acknowledge that your content (excluding credit card data) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and align with technical requirements of connecting networks or devices. Credit card data is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, not to use the Service, not to access the Service or any contact on the website through which the Service is provided, without Shopify's express written authorization.
The headings used in this agreement are inserted only for convenience, but will not limit or affect in any way these Terms and Conditions.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We disclaim all responsibility in case of lack of accuracy, completeness and updating of information made available on this website. The content on this website is provided solely for informational purposes and should not be considered as the sole basis for making decisions, without consulting primary, more accurate, more complete or more timely sources of information. When you rely on material on this website you do so at your own risk.
This website may contain some historical information. Historical information is not necessarily updated and is provided only for reference. We reserve the right to modify the content of this website at any time, but we have no obligation to update information on our website. You acknowledge that it is your responsibility to periodically consult changes made to our website.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time and without notice.
We disclaim all liability to you or third parties in relation to any modifications, price changes, suspensions or interruptions of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products in our store. We cannot guarantee that the colors displayed on your computer are accurate.
We reserve the right, without however being obligated, to limit sales of our products or Services to any person, territory or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or Services offered. All product descriptions and product prices are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue production of any product at any time. Any offer of any product or Service made through this website is void where prohibited.
We do not guarantee that the quality of products, Services, information or other materials purchased or obtained will meet your expectations, nor that any errors in the Services will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household or order. Such restrictions may include orders placed by or through the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event we make a change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate information about purchases and your account for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, see our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools "as is", "as available", without any warranty, representation or condition of any kind and without any endorsement. We disclaim all liability arising from or otherwise related to the use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk, and you should ensure that you know and approve the terms and conditions under which the tools are provided by the relevant third-party providers.
In the future we may also offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services will also be subject to these Terms and Conditions of Service.
SECTION 8 - THIRD PARTY LINKS
Some content, products and Services available through our Service may include third-party materials.
Third-party links on this website may direct to third-party websites that are not affiliated with us. We are not required to examine or evaluate the content or accuracy and do not warrant, nor will we have any liability in relation to third-party materials or websites, or other materials, products or services of third parties.
We disclaim all liability for any damages or harm related to the purchase or use of goods, Services, resources, content or any other transaction made in connection with third-party websites. We invite you to carefully read the notices and policies of third parties, ensuring you have understood them before making any transaction. Any complaints, claims, concerns or questions regarding third-party products should be directed to the third party concerned.
SECTION 9 - COMMENTS, FEEDBACK AND OTHER CONTRIBUTIONS
In case of sending specific contributions, at our request (for example, contest entry applications) or, even in the absence of any request from us, in case of sending creative ideas, suggestions, proposals, plans or other materials, online, via email, by regular mail or otherwise (collectively, "comments"), you agree that we may modify, copy, publish, distribute, translate and otherwise use by any means the comments you transmit, at any time and without restriction. We are not and will not be in any way obligated (1) to keep any comments confidential; (2) to pay compensation for comments; or (3) to respond to comments.
We reserve the right, without however being obligated, to monitor, modify or remove content that, at our sole discretion, we consider illegal, offensive, threatening, defamatory, slanderous, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms and Conditions of Service.
You confirm that your comments do not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also acknowledge that your comments do not contain defamatory or otherwise illegal, offensive or obscene materials, nor do they contain computer viruses or other malware that could in any way compromise the operation of the Service or any related website. You may not use a false email address, pretend to be a different person or otherwise deceive Shopify or third parties about the origin of any comments. You assume full and exclusive responsibility for the comments you post and their accuracy. We assume no responsibility for any comments posted by you or third parties.
SECTION 10 - PERSONAL INFORMATION
The transmission of personal information through the store is governed by our Privacy Policy, which can be consulted here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information may be published on our website or in the Service that contains typographical errors, inaccuracies or omissions regarding the following aspects: product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update information or cancel orders, at any time and without notice (even after the order has been submitted), should any information in the Service or on any related website prove inaccurate.
We assume no obligation to update, modify or clarify information contained in the Service or on any related website, including, by way of example but not exhaustively, price information, except as required by law. No update date specified with reference to the Service or any related website should be interpreted as indicating that all information in the Service or published on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions of Service, you are prohibited from using the website or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or state regulation, rule, law or ordinance; (d) to violate or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code, which will be or could be used in any way, and which will affect the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to engage in spam, phishing, pharm, pretext, spider, crawl or scrape activities; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, as well as other websites or the Internet. We reserve the right to terminate use of the Service or any related website in case of violation of any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or assure that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results of customer use of the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for indefinite periods of time or cancel it at any time, without notice.
You expressly acknowledge that use or inability to use the Service is at your sole risk. The Service and all products and Services provided through the Service are provided (except as expressly stated by Shopify) "as is" and "as available" for your use, without representation, warranty or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Pokearth, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be held liable for any damages, losses, claims or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, data loss, replacement costs or any similar damages, whether due to breach of contract, tort (including negligence), strict liability or otherwise, arising from the use of any of the Services or any product purchased through the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been informed of the possibility of such events. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by applicable law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pokearth and our parent company, subsidiaries, affiliates, partners, as well as respective officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal expenses, made by third parties due to or arising from your breach of these Terms and Conditions of Service or documents incorporated by reference, or from the violation of any law or third-party rights.
SECTION 15 - SEVERABILITY CLAUSE
Should any provision of these Terms and Conditions of Service be deemed illegal, void or unenforceable by a court of competent jurisdiction, such provision will nevertheless be enforceable to the maximum extent permitted by applicable law and the unenforceable part will be severed from these Terms and Conditions of Service and such decision will not affect the validity and enforability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and responsibilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.
These Terms and Conditions of Service are effective unless and until terminated by you or Shopify. You may withdraw from these Terms and Conditions of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.
If, in our sole judgment, you do not comply with or we suspect that you have not complied with any term or provision of these Terms and Conditions of Service, we may withdraw from this agreement at any time, without notice, and you will remain responsible for all amounts owed up to and including the termination date; and/or we may consequently deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Shopify's failure to exercise or enforce any right or provision of the Terms and Conditions of Service set forth herein shall not constitute a waiver of such right or clause.
These Terms and Conditions of Service and all notices or operating directives published by Shopify on this website or in relation to the Service constitute the complete agreement and understanding between you and us and govern your use of the Service, superseding any previous or contemporaneous agreement, communication and proposal, oral or written, between you and us (including, by way of example but not exhaustively, all previous versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be interpreted against the party who drafted them.
SECTION 18 - APPLICABLE LAW
These Terms and Conditions of Service and all separate agreements through which we provide you with the Services will be governed and interpreted in accordance with the laws of Italy.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS OF SERVICE
You may consult the current version of the Terms and Conditions of Service at any time on this page.
We reserve the right to update, modify or replace any part of these Terms and Conditions of Service by posting updates and/or changes on our website. It is your responsibility to periodically consult this page to check for any changes. Continued use of or access to our website or the Service after the publication of any changes to these Terms and Conditions of Service constitutes acceptance of such changes.
SECTION 20 - CONTACT INFORMATION
Any questions about the Terms and Conditions of Service should be sent to pokearth.design@gmail.com.
Below is the contact information:
Pokearth®
info@pokearth.com
TrendLab di David Radivo e Marco Lubiana S.n.c.
+39 3520428590
01379220328
IT01379220328