Terms of service

OVERVIEW
Welcome to Gustarivo! The terms "we", "us" and "our" refer to Gustarivo. Gustarivo operates this shop and website, including the information, content, features, tools, products and services, in order to provide you, the customer, with a satisfactory shopping experience (the “Services”). Gustarivo is powered by Shopify, which enables us to provide you with the Services.

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

Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas 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.

Seller:
GUSTARIVO DI ANDREI PLESTSOV
VAT number: 04777220981 REA
number: BS - 640605
Registered office: Via Cremona 169, Postcode 25124, Brescia (BS), Italy
Certified email: gustarivo@ultracert.it
Tel: +39 351 463 4810
 

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms and Conditions of Service, you declare that you are of legal age in the state or province where you reside, and that you have given us your consent to allow minors associated with you to use the Services on devices in your possession or purchased or managed by you.
To use the Services, including accessing or browsing the online shops or purchasing products and services offered by us, you may be required to provide certain information such as your email address and billing, payment and delivery details. You represent and warrant that all information you provide in our shops is accurate, up to date and complete, and that you hold all necessary rights to provide such information. You are responsible
for your account activity and for safeguarding your account credentials. You must not transfer, sell, assign or licence your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to present our products and services accurately in our online shops. However, the display of colours and appearance of products may vary depending on the type of device you use to access the shop 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 those described or displayed in our online shops.
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 to any person, geographical area or jurisdiction.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Gustarivo reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not confirmed until Gustarivo confirms acceptance. Before accepting an order, we must receive and process payment. Please check your order carefully before submitting it, as Gustarivo may not be able to accommodate requests to cancel an order once it has been accepted. In the event of a refusal, modification or cancellation of an order, we will notify you by contacting you via the email address, billing address and/or telephone number you provided when placing the order.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK].
You represent and warrant that you are making purchases for personal or household use and not for resale or export.

SECTION 4 - PRICES 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 you place your order, and you can view this in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, or shipping, handling and import charges.
Prices published in our online shops may differ from those offered in physical or online shops or in other shops 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 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.
For all purchases made in our shops, you agree to provide accurate, up-to-date and complete information regarding your purchase, payment and account. You agree to update your account and other information, including your email address and credit card numbers and expiry dates, immediately to enable us to complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card details you provide are true, correct and complete, (ii) you are authorised to use that credit card for purchases, (iii) the charges incurred by you will be honoured by the credit card company, and (iv) you will pay the charges incurred by you in accordance with the published prices, including shipping and handling charges and all other applicable taxes.

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 liable for delays attributable to couriers, customs procedures or events beyond our control. Once the products have been handed over to the courier, ownership and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand names, text, visuals, images, graphics, product reviews, video and audio, as well as the design, selection and arrangement thereof, are the property of Gustarivo, its affiliates or licensors and are protected by US and foreign patent, copyright and intellectual property laws in the United States and abroad.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create copies of, publicly display or perform, republish, download, store or transmit any material relating to the Services without our written consent. Unless expressly stated, these Terms contain nothing that grants or may be construed as granting any licence or other rights to you in relation to the patents, trademarks, copyright or other intellectual property of Gustarivo, Shopify or third parties. Unauthorised use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Gustarivo.
Gustarivo’s names, logos, product and service names, designs and slogans are trademarks of Gustarivo or its affiliates or licensors. You must not use such trademarks without Gustarivo’s written permission. 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 appearing in the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL
TOOLS You may have access to third-party customer tools offered as part of the Services, which we do not review, control or host.
You understand and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind, and without any support. We accept no liability arising from or relating to your use of optional third-party tools. Your
use of optional tools offered via the site is at your own risk and discretion, and you must also be aware of and accept the terms on which such tools are provided by their respective third-party providers.
In the future, we may offer new features via the Services (including the launch of new tools and resources). Such new features shall be deemed 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). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk. We are
not responsible for any problems 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 the policies and practices of the relevant third parties carefully and ensure you understand them before entering into any transaction. Any complaints, 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 details Shopify’s relationship with your shop and must not be removed or modified.]
Gustarivo is powered by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make in our Shop are made directly with Gustarivo. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and Gustarivo, 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 your purchases and transactions with Gustarivo.

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 the provider of the Services, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. In order 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 who may be located in countries other than your own. Please 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 ideas, suggestions, feedback, reviews, proposals, plan or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback by any means for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to operate, provide, evaluate, improve, enhance and promote the Services, and to fulfil our obligations and exercise our rights as set out in the Terms of Service.
Furthermore, you confirm and agree that: (i) you possess 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 shall not be obliged to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although we are under no obligation to do so, we may monitor, edit or remove Feedback which, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or in breach of intellectual property rights or these Terms and Conditions of Service.
You confirm that your Feedback will not infringe any rights of any third party, including copyright, trademark, privacy, publicity 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 linked website. You must not use a false email address, nor pretend to be someone else or mislead us or third parties as to the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We accept no liability for Feedback posted by you or by third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Information relating to or
included in the Services may contain typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, offers, promotions, product delivery costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to amend or update information or cancel orders in the event of errors at any time and without prior notice (even after an order has been submitted).

SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for: (a) any illegal or malicious purpose; (b) to violate any local, provincial, state, federal or international laws, rules, regulations or ordinances; (c) infringe or violate our intellectual property rights or those of others; (d) harass, oppress, insult, harm, defame, slander, disparage, intimidate or offend our employees or anyone else; (e) transmitting false or misleading information; (f) sending, receiving, uploading, downloading, using or reusing material that does not comply with these Terms; (g) transmitting or inducing the sending of advertising or promotional material, including “unsolicited emails”, “chain letters”, “spam” or other similar solicitations; (h) impersonate or attempt to impersonate another person or entity; (i) engage in any other conduct that prevents or inhibits the use of or access to the Services by others, or that we deem harmful to Gustarivo, 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 other people’s personal data; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (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 terminate your account at any time, without notice, if we believe you have breached 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 discretion and without notice; you will remain liable for all amounts due up to the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Limitation of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Whole Agreement, Assignment, Governing Law, Privacy Policy and any other provision which, by its nature, is intended to survive termination.

SECTION 15 - LIMITATION OF WARRANTY
The information presented in or via the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of such information. You rely on such information at your own risk. We accept no liability for any reliance placed on such materials by you, any visitor to the Services or anyone who may be aware of such content.
EXCEPT AS EXPRESSLY STATED BY Gustarivo, 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 ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, 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 OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Gustarivo, ITS PARTNERS, OFFICERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS OR LICENSORS OF OURS OR OF SHOPIFY AND ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, LOSS OF DATA, REPLACEMENT COSTS OR OTHER SIMILAR DAMAGES, WHETHER ARISING FROM CONTRACTUAL LIABILITY, SPECIAL, TORTIOUS (INCLUDING NEGLIGENCE) OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN THE CONTENT, ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR THE CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH EVENT.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gustarivo, Shopify and our affiliates, partners, officers, directors, employees, agents, merchants, licensors and service providers from any and all losses, damages, liabilities or claims, including reasonable legal fees payable to any third party, arising out of: (1) your breach of these Terms and Conditions of Service or the documents incorporated herein, (2) your violation of any laws or the rights of third parties, (3) your access to and use of the Services. We will
notify you of any claims for which compensation is payable, provided that failure to notify you immediately does not relieve you of your obligations unless you are materially affected. We may control the defence and settlement of such a claim at your expense, including the choice of counsel, but we will not settle claims that require non-monetary obligations on your part without your consent (which shall not be withheld without reasonable cause). You shall cooperate in the defence of any non-compensable claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, it shall be deemed severable from these Terms of Service to the extent permitted by applicable law, and the remaining provisions shall remain in full force and effect.

SECTION 19 – WAIVER; WHOLE AGREEMENT Shopify’s
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 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 prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms 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 written consent; any attempt to do so shall be void and of no effect. We may transfer, assign or delegate these Terms and our rights and obligations without notifying you or obtaining your consent.

SECTION 21 - GOVERNING
LAW These Terms and Conditions of Service and any separate agreement under which we provide the Services to you shall be governed by and construed in accordance with the federal, state or territorial courts in the jurisdiction where Gustarivo is headquartered. You and Gustarivo agree to the venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO THE TERMS OF SERVICE
You may review the current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, amend 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 changes to any material in these Terms in accordance with applicable laws, and such changes shall be effective from the date stated 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 those changes.

SECTION 24 - CONTACT DETAILS 

Questions regarding the Terms and Conditions of Service should be sent to gustarivo@ultracert.it.

Our contact details are as follows:

GUSTARIVO DI ANDREI PLESTSOV gustarivo@ultracert.it Via Cremona 169, CAP 25124, Brescia (BS), Italy +39 351 463 4810 BS - 640605 VAT number: 04777220981