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Welcome to NZITELLI!
The terms “we,” “us,” and “our” refer to NZITELLI. NZITELLI operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
NZITELLI is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about 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 of Service and our Privacy Policy.
If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.
You represent and warrant that all information you provide through our store is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account.
You may not transfer, sell, assign, or license your account to any other person.
We have made every effort to provide an accurate representation of our products and services in our online store.
However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.
All descriptions of products 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 products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
When you place an order, you are making an offer to purchase.
NZITELLI reserves the right to accept or decline your order for any reason at its discretion.
Your order is not accepted until NZITELLI confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as NZITELLI may be unable to accommodate cancellation requests after an order has been accepted.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
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 placed and will be shown in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.
Prices posted in our online store may be different from prices offered through physical stores or other online stores operated by third parties.
We may offer promotions from time to time that affect pricing and are governed by terms and conditions separate from these Terms.
If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through 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 as needed.
You represent and warrant that:
The credit card information you provide is true, correct, and complete.
You are duly authorized to use the credit card for the purchase.
Charges incurred by you will be honored by your credit card company.
You will pay charges incurred by you at the posted prices, including applicable shipping, handling, and taxes.
We are not liable for shipping and delivery delays.
All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control.
Once products are transferred to the applicable carrier, title and risk of loss may pass to you to the extent permitted by applicable law.
Nothing in this section is intended to limit any consumer rights that cannot legally be waived.
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by NZITELLI, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of NZITELLI, Shopify, or any third party.
Unauthorized use of the Services may violate federal and state intellectual property laws.
All rights not expressly granted herein are reserved by NZITELLI.
NZITELLI's names, logos, product and service names, designs, and slogans are trademarks of NZITELLI or its affiliates or licensors.
You must not use such trademarks without the prior written permission of NZITELLI.
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 through the Services are the trademarks of their respective owners.
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.
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 endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
You should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through the Services, including new tools and resources.
Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.
If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content through third-party websites.
Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.
NZITELLI is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make through our store are made directly with NZITELLI.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and NZITELLI, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NZITELLI.
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.
Information you submit through the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside in order to provide services to you.
Please review our Privacy Policy for more details about how we, Shopify, and our partners use your personal information.
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content collectively referred to as “Feedback,” you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.
You also represent and warrant that:
You own or have all necessary rights to all Feedback.
You have disclosed any compensation or incentives received in connection with your submission of Feedback.
Your Feedback complies with these Terms.
We are under no obligation to:
Maintain your Feedback in confidence.
Pay compensation for your Feedback.
Respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You further agree that your Feedback will not contain unlawful, abusive, obscene, or libelous material, or any computer virus or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any Feedback.
You are solely responsible for any Feedback you make and its accuracy.
We take no responsibility and assume no liability for any Feedback posted by you or any third party.
Occasionally, information through the Services may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly:
For any unlawful or malicious purpose.
To violate any international, federal, provincial, state, or local law, regulation, rule, or ordinance.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any of our employees or any other person.
To transmit false or misleading information.
To send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms.
To transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
To impersonate or attempt to impersonate another person or entity.
To engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm NZITELLI, Shopify, users of the Services, or expose them to liability.
In addition, you agree not to:
Upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services.
Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services.
Collect or track the personal information of others.
Spam, phish, pharm, or pretext the Services.
Use any robot, spider, scraping, data-gathering and extraction tool, automatic device or process, AI tool, or automated or manual means to access the Services in violation of these Terms.
Interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures used to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.
“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed on behalf of or using a person's device without direct supervision.
No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 14.4 below.
In addition, 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.
We may limit, including through technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
Agents must:
In all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: Agent/[agent name].
Not conceal or obscure the fact that access, use, or interaction is coming from an Agent, including by mimicking human behavior or circumventing CAPTCHAs or measures intended to distinguish computer use from human use.
Respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or computer.
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.
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination:
Intellectual Property
Feedback
Termination
Disclaimer of Warranties
Limitation of Liability
Indemnification
Severability
Waiver; Entire Agreement
Assignment
Governing Law
Privacy Policy
Any other provisions that by their nature should survive termination
The information presented on or through the Services is made available solely for general information purposes.
We do not warrant the accuracy, completeness, or usefulness of this