Términos del servicio
OVERVIEW
We welcome you to Lynova! The terms “we”, “us”, and “ours” refer to Lynova. Lynova 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 (i “Services”). Lynova is Powered by Shopify, which allows us to provide you with the Services.
The terms and conditions below, together with any policies referenced herein (these “Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms and Conditions of Service carefully, as they include important information about your legal rights and cover aspects such as warranty releases and limitations of liability.
By visiting, interacting with, or using our Services, you agree to the application of 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 - LOGIN 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 have provided us with your consent for any minor family members of yours to use the Services on devices owned, purchased, or operated by you.
To use the Services, including accessing or browsing our online stores or purchasing any
product or service we offer, you may be asked to provide certain information, such as your email address and 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 all activities performed on your account. You may not transfer, sell, assign or license the account to any third party.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, keep in mind that the colors or appearance of products may differ from how they appear on the 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 meets expectations or matches 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 submit a purchase offer. Lynova reserves the right to accept or refuse the order for any reason, at its own discretion. The order is not accepted until Lynova confirms its acceptance. Payment must be received and processed before the order is accepted. Please check your order carefully before submitting it, as Lynova may not be able to accommodate cancellation requests after accepting your order. In the event that the order is not accepted, modified or 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 ordering.
Purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES 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 when the order is sent 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.
Prices posted in our online stores may differ from prices offered in physical stores or online stores or other stores operated by third parties. We may offer, from time to time, promotions on Services that may affect pricing 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 up-to-date, 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 needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for purchase, (iii) the charges incurred will be honored by the credit card company, and (iv) the amounts charged will be paid at published prices, including shipping and handling costs and all applicable taxes, if applicable.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are indicative only and are not guaranteed. We are not responsible for delays caused by shipping couriers, customs procedures, or events beyond our control. Once the products are transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, display elements, images, graphics, product reviews, video, and audio, as well as their design, selection, and layout, are the property of Lynova, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property rights.
These Terms permit the use of the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials on the Services without our prior written consent. Except as expressly provided in these Terms, nothing contained herein grants or is to be construed as granting a license or other rights in connection with patents, trademarks, copyrights, or other intellectual property rights of Lynova, Shopify, or any third party. 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 Lynova.
Lynova's names, logos, product and service names, designs, and slogans are trademarks of Lynova or its affiliates or licensors. You may not use such trademarks without the prior written consent of Lynova. 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 on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties 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 instruments “as is” and “as available”, without any warranty, representation or condition of any kind and without any endorsement. We will not have any liability of any kind arising out of or connected with 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 know and approve the terms and conditions under which those tools are provided by their respective third-party vendors.
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 maintained by third parties (including any built-in third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites 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 related to accessing third-party websites or purchasing or using products, services, resources, or content on third-party websites. Carefully review third-party policies and practices and make sure you understand them before making any transactions. Complaints, requests, concerns or questions relating to third-party products and services should be addressed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
Lynova is supported by Shopify and this allows us to provide you with the Services. However, all sales and purchases made in our store are made directly with Lynova. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Lynova, including any damage, injury, or loss arising from the products and services you purchase. You hereby expressly relieve Shopify and its affiliates of any claims, damages and liabilities arising out of or related to your purchases and transactions with Lynova.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal data may be subject to the provisions of Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read this privacy policy.
Because 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 you with and improve the Services. The information you submit to the Services will be transmitted to and shared with Shopify as well as with third parties who may be in a country other than 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 information.
SECTION 11 - FEEDBACK
If you forward, upload, post, email, or otherwise convey ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, universal, sublicensable, 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 under 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 declared any compensation or incentive you received in connection with the submission of Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be obligated in any way to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, without any obligation to do so, monitor, modify or remove feedback that, in our sole discretion, we deem illegal, offensive, threatening, defamatory, slanderous, pornographic, obscene or otherwise unacceptable, or that violates any party's intellectual property or these Terms and Conditions of Service.
You are committed to ensuring that your Feedbacks do not infringe any third-party rights, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further undertake that your Feedbacks will not include slanderous, defamatory or otherwise illegal, unlawful or obscene content, or 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 fake 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 its accuracy. We assume no liability and no obligation for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Sometimes some information about or within the Services may contain typographical errors, inaccuracies or omissions with respect to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. Where such information is not accurate, we reserve the right to correct errors, inaccuracies or omissions and to modify or update the information or cancel orders at any time and without notice (including subsequent to the dispatch of the order).
SECTION 13 - PROHIBITED USES
You may access the Services and use them solely for lawful purposes. You may access the Services and use them solely 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 local international, federal, provincial, or state regulations, rules, laws, or ordinances; (c) to violate or infringe upon our intellectual property rights or the intellectual property rights of any third party; (d) to harass, abuse, insult, cause harm, defame, slander, denigrate, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, 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, shackles, spam, or any other form of analogous solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that limits or inhibits anyone's use or enjoyment of the Services or that, in our discretion, may harm Lynova, Shopify, or 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 would affect 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) spam, phishing, pharming, or pretexting the Services; (e) using robots, spiders, scraping tools, data collection 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) interfering with, circumventing, or circumventing security or authorization features, the exclusion headers of robots or other measures we have taken to restrict 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, allow, enable or determine 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 can be performed 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 provided that, at all times, it identifies itself and operates in strict accordance with the requirements set forth in section 14.4 below. Additionally, 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 services.
14.3 We may set limits, including through technical measures, on the manner 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 Agent name by including the following in the request's user-agent string: “Agent/[agent name]”; (ii) not conceal or obscure the fact that any access, use, or interaction comes from an Agent, for example (a) by mimicking human behavior and interaction patterns, or (b) by completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) truthfully answering any questions or prompts aimed at determining whether interactions originate 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 - RESOLUTION
We may terminate this agreement or your access to the Services (or any portion thereof), in our sole discretion, at any time and without notice, and you will remain responsible for all amounts due up to and including the termination date.
Even in the event of any termination, the following sections will continue to apply: Intellectual Property, Feedback, Termination, Exclusion of Warranties, Limitation of Liability, Indemnification, Separability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - EXCLUSION OF GUARANTEES
Information submitted on or through the Services is made available for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance placed on such information is solely at your own risk. We disclaim any liability arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED IN THE STATE IN WHICH THEY ARE LOCATED AND SUBJECT TO AVAILABILITY, FOR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A SPECIFIC PURPOSE, DURATION, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SAFE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE EXCLUSION OF WARRANTY REPORTED ABOVE MAY NOT APPLY.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT [MERCHANT] MAY OUR PARTNERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGE, WHETHER BASED ON CONTRACT, NON-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR ANY OTHER CLAIMS OTHERWISE RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGE HAS BEEN REPORTED.
SECTION 18 - COMPENSATION
You agree to indemnify, defend and hold harmless Lynova, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, due to third parties or arising out of (1) your violation of these Terms and Conditions of Service or the documents referenced herein, (2) the violation of any law or the rights of third parties, or (3) access to and use of the Services.
We will inform you of any compensable claim, on the understanding that failure to provide timely notice will not relieve you of your obligations, unless you suffer material injury. We may control the defense and resolution of such a claim at your expense, including the choice of counsel, but we will not resolve any claim imposing non-monetary obligations without your consent, which cannot be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.
SECTION 19 - SEPARABILITY
In the event that any provision of these Terms and Conditions of Service is held to be unlawful, void, or unenforceable, such provision will still be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed separate from these Terms and Conditions of Service; such determination will not affect the validity and enforceability of the other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any disclosures or operating rules posted by us 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, oral or written, between you and us (including, without limitation, any previous versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed to the detriment of 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 shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - APPLICABLE LAW
These Terms and Conditions of Service and any separate agreements by 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 Lynova is located. You and Lynova consent to the territorial competence and personal jurisdiction of such courts.
SECTION 23 - HEADINGS
Titles used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions of Service.
SECTION 24 - AMENDMENTS TO THE TERMS AND CONDITIONS OF SERVICE
You can view the current version of the Terms and Conditions of Service at any time on this page.
We reserve the right, in our sole discretion, to update, modify 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 communication. Continued use of or access to the Services subsequent to the publication of any changes to these Terms and Conditions of Service constitutes acceptance of such changes.
SECTION 25 - CONTACT INFORMATION
Questions regarding the Terms and Conditions of Service should be sent to omcommerce.business@gmail.com.
Below is our contact information:
Lynova
omcommerce.business@gmail.com
Via xxv Aprile n30
Dalmine, 24044, Italy