Terms of service
OVERVIEW
Welcome to La Bendessa! The terms "we," "us," and "our" refer to La Bendessa. La Bendessa operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a curated shopping experience (the "Services"). La Bendessa is Powered by Shopify, which enables us to provide you with the Services.
The terms and conditions set out below, together with any policies referenced herein (these "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 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 and Conditions of Service and our Privacy Policy [LINK]. 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 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 that 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 required to provide certain information, such as your email address and your Billing, Payment, and Shipping Data. You represent and warrant that all information provided in our store is correct, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities carried out on your account. You may not transfer, sell, assign, or license the account to third parties.
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 colors or appearance of products may differ from how they appear on your screen due to the type of device used to access the store and the settings and configurations of the device itself.
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 submitting an offer to purchase. La Bendessa reserves the right to accept or reject the order for any reason, at its own discretion. The order is not accepted until La Bendessa confirms its acceptance. Payment must be received and processed before the order is accepted. Please review your order carefully before submitting it, as La Bendessa may not be able to accommodate cancellation requests after the order has been accepted. In the event that the order is not accepted, is modified, or is cancelled, we will attempt to inform you by contacting you at the email address, billing address, and/or telephone number provided at the time of the order.
Purchases are subject to return or exchange exclusively in accordance with our Refund Policy https://labendessa.it/policies/refund-policy.
You represent and warrant that purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 - PRICING 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 effect 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, handling, customs duties, or import costs.
The prices published in our online stores may differ from the prices offered in physical stores or in online stores or other stores operated by third parties. We may, from time to time, 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 shall 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 expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that (i) the credit card information provided is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges incurred will be honored by the credit card issuing company, 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 transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, among others, all trademarks, brands, texts, display elements, images, graphic elements, product reviews, videos, and audio, as well as their design, selection, and arrangement, are the property of La Bendessa, its affiliates, or its licensors and are protected by U.S. and foreign laws on patents, copyright, and other intellectual property rights.
These Terms permit the use of the Services exclusively for personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material found 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 a license or other rights in relation to patents, trademarks, copyrights, or other intellectual property rights of La Bendessa, Shopify, or third parties. Unauthorized 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 La Bendessa.
The names, logos, product and service names, designs, and slogans of La Bendessa are trademarks of La Bendessa or its affiliates or its licensors. You may not use such trademarks without the prior written consent of La Bendessa. 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 found on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to third-party customer tools 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 any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability of any kind arising from or connected 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 respective third-party providers.
In the future we may also offer new features through the Services (including the release of new tools and resources). These new features will also be considered part of the Services and will be 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 any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide 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 damage or harm connected to accessing third-party websites or to purchasing or using products, services, resources, or content found on third-party websites. Carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction. Complaints, requests, concerns, or questions relating to third-party products and services must be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
La Bendessa is supported by Shopify, and this enables us to provide you with the Services. However, all sales and purchases made in our store are made directly with La Bendessa. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and La Bendessa, including any damage, injury, or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage, and liability arising from or connected to your purchases and transactions with La Bendessa.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and some personal data may be subject to the provisions of Shopify's Privacy Policy, available here. By using the Services, you represent that you have read this privacy policy.
Since the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in a country different from the one in which you reside, in order to provide you with the services. See our privacy policy [LINK] for more details on how we, Shopify, and our partner use your personal data.
SECTION 11 - FEEDBACK
If you forward, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise the rights arising from such license to operate, provide, evaluate, improve, refine, and promote the Services and to fulfill our obligations and exercise our rights under the Terms and Conditions 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 submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be in any way obligated to (1) keep your Feedback confidential; (2) provide compensation for your Feedback; or (3) respond to your Feedback.
We may, without having any obligation to do so, monitor, edit, or remove feedback that, at our sole discretion, we deem unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions of Service.
You undertake that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further undertake that your Feedback will not include libelous, defamatory, or otherwise unlawful, wrongful, or obscene content, nor contain computer viruses 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 else, or otherwise mislead us, or mislead third parties, regarding the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility and take on no obligation for any Feedback posted by you or by third parties.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, certain information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability. Should such information be inaccurate, we reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders at any time and without notice (including after the order has been submitted).
SECTION 13 - PROHIBITED USES
You may access and use the Services exclusively for lawful purposes. You may access and use the Services exclusively 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 local regulations, rules, laws, or ordinances; (c) to infringe or harm our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or damage any of our employees or any other person; (e) to transmit 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 form of 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 that, at our discretion, may harm La Bendessa, Shopify, or the users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that compromises the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or monitor the Personal Data of others; (d) send spam or carry out phishing, pharming, or pretexting on the Services; (e) use robots, spiders, scraping tools, data harvesting and extraction tools, automatic devices or processes, Artificial Intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we adopt to limit access to the Services. We reserve the right to suspend, disable, or terminate the account at any time, without notice, if we determine that any part of these Terms has been violated.
SECTION 14 - AGENTS
14.1 This section (Terms for Agents) applies if you use, permit, enable, or cause the implementation of an Agent to access, use, or interact with the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may be executed on behalf of or by means of the 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 set out in 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 establish limits, including through technical measures, on the ways and 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 name of the Agent 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) mimicking human behavior 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 the 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 responsible for all amounts due up to and including the date of termination.
Even in the event of any termination, the following sections will continue to be valid: Intellectual Property, Feedback, Termination, Warranty Disclaimer, 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 - WARRANTY DISCLAIMER
The information presented on or through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance placed on such information is at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or by any other visitor to the Services or by anyone who may be informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY LA BENDESSA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, FOR USE, WITHOUT ANY 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. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT 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 WARRANTY DISCLAIMER MAY NOT APPLY.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LA BENDESSA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM THE USE OF ANY SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM HOWEVER CONNECTED TO THE USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED 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 THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless La Bendessa, 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 violation of these Terms and Conditions of Service or the documents referenced therein by reference, (2) your violation of any law or the rights of third parties, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, it being understood that any failure to provide timely notice will not relieve you of your obligations, unless you suffer substantial prejudice. We may control the defense and resolution of such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms and Conditions of Service is deemed unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable part will be deemed severed from these Terms and Conditions of Service; such determination will 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 and Conditions of Service will not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any policies or operating rules we post on this site or in connection with 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, by way of example and not limitation, any prior versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service will not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms and Conditions of Service and any separate agreement through which we provide the Services will be governed by and construed in accordance with the federal and state or territorial laws of the jurisdiction in which La Bendessa is based. You and La Bendessa consent to the venue and personal jurisdiction of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included solely for convenience and will not limit or otherwise affect these Terms and Conditions of Service.
SECTION 24 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can review the currently effective version of the Terms and Conditions 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 and Conditions of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for any 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. Continued use of or access to the Services following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions relating to the Terms and Conditions of Service should be sent to info@labendessa.it.
Below is our contact information:
Azienda Agricola La Bendessa, di Verucchi Gabriele
info@labendessa.it
Via M. Ravel 31, Modena
+39 3355327375
VAT No. 03928800360