Terms and Conditions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

The Company is the authorized distributor in the United States of the trademark and brand "Olitalia", as referenced on the Website owned by the Licensor, a company constituted and existing under Italian law, according to which the Company has a limited, non-exclusive, revocable, royalty-free license to use Licensor' domain name and trademarks solely for the operation of the Website and for the purpose of online sales of the products.

All intellectual property rights, including without limitation the trademark Olitalia, the domain name of the Website and any related rights, shall remain the exclusive property of the Licensor, pursuant to the applicable distribution agreement.

The Licensor is not a party to any purchase transaction concluded through this Website and assumes no liability whatsoever in connection with the sale, delivery, quality, or use of the Goods sold by the Company. The Company is solely responsible for all aspects of the sales relationship with the customers.

By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts. You may be asked to supply certain information relevant to your Order including your name, email, phone number, credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order, and that the information you supply to us is true, correct and complete. We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to: goods availability, errors in the description or price of goods, or errors in your Order.

All prices posted on the Service are subject to change without notice. The price charged for a product will be the price in effect at the time the Order is placed. We reserve the right to refuse or cancel any Orders placed for products listed at an incorrect price. Payment shall be made through Shopify Payments or other payment methods available on the Service. Payment is due at the time of placing the Order.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Due to the perishable nature of our products, all sales are final unless the product arrives damaged or defective. If you receive a damaged or defective product, please contact us within 48 hours of delivery with photos of the damage. We will review your claim and, at our discretion, provide a replacement or refund.

The Service, its original content (excluding content provided by You or other users), features, functionality, and all related intellectual property rights, including but not limited to all trademarks, logos, trade names, and trade dress appearing on the Service (collectively, the "Intellectual Property"), are and will remain the exclusive property of the Licensor. The Company operates this Service and uses the Intellectual Property solely as an authorized licensee of the Licensor, in accordance with the distribution and license agreement. The Company has no ownership rights in the Intellectual Property.

The Licensor's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Licensor. The Company is not authorized to grant any license, sublicense, or consent for the use of the Licensor's Intellectual Property to any third party. The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

Your use of the Service is also governed by our Privacy Policy and our Cookies Policy, which are incorporated into these Terms by reference. Please review these policies to understand our practices regarding your personal data and the use of cookies.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms.

For the avoidance of doubt, the Licensor of the intellectual property used on this Website, is not liable to you in connection with any purchase transaction, product defect, or service failure arising from the operation of this Website or the sale of Goods by the Company.

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

The laws of the State of New Jersey, United States, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company within thirty (30) days of the date the dispute arises.

Binding Arbitration. If the dispute cannot be resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16, shall govern the interpretation and enforcement of this arbitration provision. The arbitration shall be conducted by a single arbitrator in Bergen County, New Jersey, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You and the Company agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as a class action, collective action, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against the Company. If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial.

You agree to defend, indemnify and hold harmless the Company and its licensees, licensors, employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of and access to the Service, or your violation of any term of these Terms and Conditions.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.