Terms of service
OVERVIEW
Welcome to Fabio Ferracane! The terms "we," "us," and "our" refer to Fabio Ferracane. Fabio Ferracane operates this store and website, including the information, content, features, tools, products, and services (the "Services") provided to you, the customer. We are supported by Shopify, which enables us to deliver the Services to you.
The following terms and conditions, together with any policies incorporated by reference (“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 legal information regarding your rights and cover areas such as warranty and liability limitations.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS & ACCOUNT
By accepting these Terms of Service, you represent that you are of legal age in your state or province of residence, and that you have consented to allow minors connected to you to use the Services on devices owned, purchased, or managed by you.
To use the Services—such as accessing or browsing our online stores or purchasing products or services—you may be required to provide certain information, including email address, billing information, payment details, and shipping information. You represent and warrant that all information provided by you on our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are responsible for your account activity and for safeguarding your account credentials. You shall not transfer, sell, assign, or license your account to anyone else.
SECTION 2 – OUR PRODUCTS
We strive to provide accurate product and service representations in our online stores. However, the display of color and appearance of products may vary based on your device type and its settings or configuration.
We cannot guarantee that the appearance or quality of products or services you purchase will meet your expectations or match any descriptions or images shown in our online stores.
All product descriptions are subject to change at any time without prior notice, at our discretion. We reserve the right to suspend any product at any time and to limit the quantity of products offered for any person, geographic area, or jurisdiction.
SECTION 3 – ORDERS
When placing an order, you submit an offer to purchase. Fabio Ferracane reserves the right, at our discretion, to accept or reject your order for any reason. Your order is not confirmed until accepted by us. We must receive and process payment prior to acceptance.
Please review your order carefully before submitting, as we may not be able to cancel the order after acceptance. If an order is rejected, modified, or canceled, we will notify you via the email, billing address, and/or phone number you provided when placing the order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for resale or export.
SECTION 4 – PRICING & 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 you will see it in your order confirmation email.
Unless stated otherwise, prices displayed do not include taxes, customs duties, shipping, handling, or import fees.
Prices in our online stores may differ from those offered in physical or third-party online stores. From time to time, we may offer promotions that affect pricing and are subject to separate terms. In case of conflict, the terms of the promotion will govern.
For all purchases, you agree to provide accurate, current, and complete purchase, payment, and account information, and to update it immediately. You represent and warrant that (i) your credit card information is true, (ii) you are authorized to use the card for purchases, (iii) charges will be honored, and (iv) you will pay for all charges at the displayed prices including applicable taxes, shipping, and handling fees.
SECTION 5 – SHIPPING & DELIVERY
We are not responsible for delays in shipping or delivery. All estimated delivery times are estimates and not guaranteed. We are not liable for delays caused by carriers, customs, or events outside of our control. Once products are delivered to the carrier, risk and title transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including but not limited to trademarks, branding, text, visuals, product images, graphics, reviews, videos and audio, and the design, selection, and organization—are owned by Fabio Ferracane, affiliates, or licensors and protected by U.S. and foreign intellectual property laws.
These Terms grant you permission to use the Services for personal and non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit any content without our written permission. Nothing in these Terms grants you any license or rights to any patents, trademarks, copyrights, or other intellectual property of ours or Shopify’s. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted are reserved by us.
The names, logos, product and service names, designs, and slogans of Fabio Ferracane are trademarks. You may not use them without our written consent. Shopify’s marks and those of its affiliates are also owned by Shopify. All other trademarks displayed in our Services are owned by their respective holders.
SECTION 7 – OPTIONAL TOOLS
You may have access to optional third-party tools via the Services, which we neither review nor control.
You acknowledge and agree we grant access “as-is” and “as-available,” without any warranties, representations, or support. You use these tools at your own risk and discretion, and must understand and accept any applicable third-party terms.
We may add new features such as tools or resources; these are also subject to these Terms.
SECTION 8 – THIRD‑PARTY LINKS
The Services may contain links to third-party websites or content. We are not responsible for reviewing or assessing external websites or their accuracy. Accessing those sites is at your own risk.
We disclaim responsibility for any issues arising from your access to or use of third-party sites or content. Please consult their privacy policies and practices. Claims related to third-party products or services must be directed to the provider.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Fabio Ferracane is powered by Shopify but sales take place between you and Fabio Ferracane directly. Shopify does not assume responsibility for your purchases—any issues, injuries, losses, or damages arising from those purchases are not attributable to Shopify. You hereby expressly release Shopify and its affiliates from any claims arising from your transactions with us.
SECTION 10 – PRIVACY POLICY
All personal data we collect through your use of the Services is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy [LINK]. By using the Services, you confirm you have read and agree with those policies.
Since Shopify powers the Services, it collects and processes personal data related to your use to operate and improve the Services. Data may be shared with Shopify and third parties, potentially in countries other than yours. See our Privacy Policy for details on how we and Shopify use your personal data.
SECTION 11 – FEEDBACK
By submitting, uploading, or transmitting feedback, reviews, suggestions, or other content ("Feedback"), you grant an ongoing, worldwide, royalty-free license to use, modify, publicly display, reproduce, and distribute it for any purpose, including commercial uses.
You also represent you own or have rights to all Feedback, disclose any incentives received for providing them, and that they comply with these Terms. We are not obligated to keep your Feedback confidential, pay you, or respond. We may remove Feedback that is objectionable, infringing, or violates these Terms.
You confirm that Feedback does not infringe third-party rights, contain defamatory content or malware, or misrepresent your identity. You are solely responsible for the accuracy and legality of your Feedback. We assume no liability for Feedback provided by you or third parties.
SECTION 12 – ERRORS, INACCURACIES & OMISSIONS
Information on the Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, and availability. We reserve the right to correct errors, update information, cancel orders, or modify terms, even after order submission, without prior notice.
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You must not:
a) Use them for illegal or malicious purposes;
b) Violate applicable laws or third-party rights;
c) Harass or defame others;
d) Transmit misleading or harmful content;
e) Engage in spam, phishing, or scraping;
f) Impersonate others;
g) Interfere with security features.
We reserve the right to suspend or terminate your account without notice if you violate these Terms.
SECTION 14 – TERMINATION
We may terminate these Terms or suspend your access at anytime at our discretion, without notice. You remain responsible for any unpaid amounts up to termination.
Sections such as Intellectual Property, Feedback, Termination, Warranty and Liability Limitations, Governing Law, Privacy, etc., will survive termination.
SECTION 15 – WARRANTY DISCLAIMER
Information provided via the Services is for general informational purposes only. You rely on it at your own risk. Unless expressly stated, Services and products are provided "as-is," "as-available," without warranties, including implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Use of the Services may not be uninterrupted or error-free. Certain jurisdictions do not allow disclaimers of implied warranties, so they may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Fabio Ferracane and related parties are not liable for any damages, losses, claims or liabilities arising from your use of the Services—that include direct, indirect, incidental, punitive, or consequential damages (like lost profits or data). This applies regardless of legal theory or notice of possibility of such damages.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fabio Ferracane, Shopify, and affiliates, partners, officers, and agents from any claims, losses, liabilities, or expenses, including legal fees, arising from (1) your breach of these Terms; (2) violations of laws or third-party rights; or (3) your use of the Services.
We will notify you of indemnifiable claims. We may control defense and settlement, at your expense. You will cooperate as needed in defense of claims.
SECTION 18 – SEVERABILITY
If any provision is deemed unlawful or unenforceable, it will be severed and the remaining provisions will remain in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any part of these Terms does not constitute a waiver of that provision. These Terms, along with our posted policies, constitute the entire agreement between you and us, superseding all prior agreements. Ambiguities will not be interpreted against the drafter.
SECTION 20 – ASSIGNMENT
You may not transfer or assign these Terms without written consent. Any attempt is void. We may assign our rights and obligations without notice or consent.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements governing the provision of Services shall be governed by the courts of the jurisdiction where Fabio Ferracane is located. You and we consent to jurisdiction in those courts.
SECTION 22 – TITLES
Headings are for reference only and do not limit or affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the current version of these Terms at any time on this page. We reserve the right to update, change, or replace any portion by posting changes on our website. It is your responsibility to check for updates. Continued use of the Services after changes constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to info@fabioferracane.it.
Our contact details:
Fabio Ferracane Agricultural Company
Email: info@fabioferracane.it
Address: Contrada Granatello SS115 km 17, Marsala (TP) Sicily – Italy
Phone: +39 340 243 7177 / 02678990819