Terms of service
Welcome to Curvivia! The terms “we” and “our” refer to Curvivia. Curvivia operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the “Services”). Curvivia is powered by Shopify, which enables us to provide the Services.
The terms and conditions below, together with any notices 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 limitations 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. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND 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 provided us consent to allow minors associated with you to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing online stores or purchasing products and services offered by us, you may need to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided by you in our stores is accurate, up-to-date, and complete, and that you hold all necessary rights to provide such information.
The activity of your account and the protection of your account credentials are your responsibility. You must not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We strive to provide an accurate representation of our products and services in our online stores. However, the display of product colors and appearance may vary depending on the device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is described or displayed in our online stores.
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 the quantities of products offered for any person, geographic area, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you submit an offer to purchase. Curvivia reserves the right to accept or reject your order at its discretion for any reason. Your order is not confirmed until Curvivia confirms acceptance. Before accepting an order, we must receive and process payment. Please carefully review the order before submission, as Curvivia may not be able to accommodate cancellation requests after acceptance.
In the case of rejection, modification, or cancellation of an order, we will notify you by contacting the email, billing address, and/or phone number provided at the time of order submission.
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 actual price at the time of order submission and will be displayed in the order confirmation email. Unless otherwise specified, posted prices do not include taxes, customs fees, shipping, handling, or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores, online stores, or other stores operated by third parties. From time to time, we may offer promotions affecting prices, subject to separate terms and conditions. In case of conflict between the terms of a promotion and these Terms, the promotion terms prevail.
For all purchases in our stores, you agree to provide accurate, current, and complete purchase, payment, and account information. You agree to immediately update your account and other information, including email address and credit card numbers and expiration dates, to allow us to complete transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use the credit card for purchases, (iii) charges to your card will be honored by the credit card company, and (iv) you will pay all charges according to published prices, including taxes, shipping, handling, and any other applicable fees.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, visuals, images, graphics, product reviews, video, and audio, as well as the design, selection, and organization thereof, are owned by Curvivia, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms grant you a license to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create copies, publicly display, republish, download, store, or transmit material from the Services without our written consent.
Unless expressly stated, these Terms do not grant or imply any license or rights to patents, trademarks, copyrights, or other intellectual property of Curvivia, Shopify, or third parties. Unauthorized use of the Services may result in violation of federal and state intellectual property laws. All rights not expressly granted are reserved by Curvivia.
The names, logos, product and service names, designs, and slogans of Curvivia are trademarks of Curvivia or its affiliates or licensors. You must not use these trademarks without written authorization from Curvivia. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans included in the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not review, control, or provide.
You understand and agree that we provide access to such tools “as is” and “as available” without any representations, warranties, or conditions, and without endorsement. We are not responsible for any use of optional third-party tools by you.
Your use of optional tools provided through the site is at your own risk and discretion, and you must review and accept the terms provided by the relevant third-party providers.
In the future, we may offer new features through the Services (including new tools and resources). Such new features are considered part of the Services and are subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain material and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of materials or third-party websites you choose to access. By leaving the Services to access such materials or websites, you do so at your own risk.
We are not responsible for issues or damages related to your access to third-party websites or your purchase or use of third-party products, services, resources, or content. Please read and understand third-party policies before making any transactions. Any complaints, concerns, or questions regarding third-party products and services must be directed to the respective third parties.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANT: This section details Shopify’s relationship with your store and must not be removed or modified.]
Curvivia is powered by Shopify, which enables us to provide the Services. However, sales and purchases made in our Store occur directly with Curvivia. By using the Services, you understand and agree that Shopify is not responsible for any aspect of sales between you and Curvivia, including any injury, damage, or loss arising from purchasing products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to transactions with Curvivia.
SECTION 10 – PRIVACY POLICY
All personal data collected through the Services is subject to our Privacy Policy [LINK], and certain personal data may be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read these privacy policies.
As Shopify supports the Services, it collects and processes personal data related to your access and use of the Services to provide and improve them. Data submitted to the Services will be transmitted to and shared with Shopify and third parties that may reside in countries different from yours. 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 idea, suggestion, feedback, review, proposal, plan, or other content (“Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback by any means for any purpose, including commercial purposes.
You further confirm and agree that: (i) you own 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 obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although we are not obligated, we may monitor, modify, or remove Feedback that we consider illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise questionable, or that violates intellectual property or these Terms.
You confirm that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further confirm that your Feedback will not include defamatory, illegal, offensive, or obscene content, nor contain viruses or other computer malware that could affect the Services or any connected websites. You must not use a false email address, impersonate anyone, or mislead us or third parties regarding the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We are not responsible for Feedback submitted by you or third parties.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, the information contained in or provided through the Services may include typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, offers, promotions, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders in the event of errors at any time and without 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, to:
(a) engage in illegal or malicious activities;
(b) violate local, provincial, state, federal, or international laws, rules, or ordinances;
(c) infringe or violate our intellectual property rights or those of others;
(d) harass, oppress, insult, harm, defame, slander, denigrate, intimidate, or offend our employees or anyone else;
(e) transmit false or misleading information;
(f) upload, download, use, or reuse material not compliant with these Terms;
(g) transmit or induce the sending of advertising or promotional material, including “spam,” “chain letters,” or other solicitations;
(h) impersonate or attempt to impersonate another person or entity;
(i) engage in any other conduct that restricts or inhibits anyone’s use of or access to the Services, or that we deem harmful to Curvivia, Shopify, or Service users, or exposes them to liability.
Additionally, you agree not to:
(a) upload or transmit viruses or other malicious code that could interfere with the operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services;
(c) collect or track the personal data of others;
(d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
(e) interfere with or circumvent security features of the Services, associated 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 violated 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 responsible for all amounts due up to the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other clause which by its nature is intended to survive termination.
SECTION 15 – DISCLAIMER OF WARRANTY
The information presented in or through the Services is provided 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 assume no responsibility for reliance on such materials by you, any Service visitor, or anyone aware of such content.
EXCEPT AS EXPRESSLY PROVIDED BY CURVIVIA, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CURVIVIA, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS OF OURS OR OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, DATA LOSS, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES ARISING OUT OF CONTRACTUAL, TORTIOUS (INCLUDING NEGLIGENCE) OR OTHER LIABILITY, OR FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATING TO YOUR USE OF SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT, ANY LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF NOTICE OF SUCH POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Curvivia, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney fees payable to any third party, arising out of: (1) your violation of these Terms of Service or documents contained herein; (2) your violation of laws or third-party rights; (3) your access to and use of the Services.
We will notify you of any indemnifiable claims; failure to provide immediate notice does not relieve you of obligations unless materially affected. We may control the defense and settlement of such claims at your expense, including choice of counsel, but will not settle claims requiring non-monetary obligations from you without your consent. You will cooperate in defending claims not fully indemnified, including providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is deemed illegal, void, or unenforceable, it will not be enforceable to the extent permitted by law, and the unenforceable portion shall be severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of Shopify to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any notices or operational rules published by us on this site or relating to the Services constitute the entire agreement and understanding between you and us, governing your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including but not limited to any prior version of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or your consent.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements by which we provide you Services shall be governed by and construed under the laws of the federal, state, or territorial courts in the jurisdiction where Curvivia is located. You and Curvivia consent to venue and personal jurisdiction in such courts.
SECTION 22 – HEADINGS
Headings in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 23 – CHANGES TO 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, modify, or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to check periodically for changes. We will notify you of changes to any material of these Terms in accordance with applicable law, and such changes will be effective as indicated in the notice. Your continued use or access to the Services following changes constitutes your acceptance of such changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to: matteo@curvivia.com
Our contact details are as follows:
Email: support@curvivia.com
Country: Via Enrico Fermi 3, Voghiera, Italy
VAT Number: 02193350382