Terms of service
OVERVIEW Welcome to Damian Official Store! The terms "we", "us" and "our" refer to Damian Official Store. Damian Official Store 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 (the "Services"). Damian Official Store is Powered by Shopify, which enables us to provide you with the Services. The terms and conditions below, together with any policies referenced herein (these "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 about your legal rights and cover matters 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 [LINK]. 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 confirm that you have reached the age of majority in your state or region of residence and that you have given us your consent for any minor family members to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information provided in our store is accurate, 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 for all activities carried out on your account. You may not transfer, sell, assign or license your 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, please note that the colours or appearance of products may differ from how they appear on screen, depending on the type of device used to access the store and its settings and configurations. We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or match 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 are making an offer to purchase. Damian Official Store reserves the right to accept or refuse the order for any reason, at its sole discretion. The order is not accepted until Damian Official Store confirms its acceptance. Payment must be received and processed before the order is accepted. Please review your order carefully before submitting it, as Damian Official Store may not be able to accommodate cancellation requests after the order has been accepted. In the event that an order is not accepted, modified or cancelled, we will attempt to notify you by contacting you at the email address, billing address and/or phone 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 intended for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING 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 at the time the order is submitted 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 published in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect prices and that are governed by separate terms and conditions 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 current, 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 expiry dates, so that we can complete your transactions and contact you when necessary. You represent and warrant that (i) the credit card information you provide is truthful, correct and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) charges incurred will be honoured by the credit card issuing company, and (iv) amounts charged will be paid at the published prices, including shipping and handling charges and all applicable taxes, where applicable.
SECTION 5 - SHIPPING AND DELIVERY We are not responsible for delays in shipping and delivery. All delivery times are indicative only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures or events beyond our control. Once products have been 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, videos and audio, as well as the related design, selection and arrangement, are owned by Damian Official Store, its affiliates or its licensors and are protected by domestic and foreign patent, copyright and other intellectual property laws. These Terms permit 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 material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or should be construed as granting any licence or other rights in relation to patents, trademarks, copyrights or other intellectual property rights of Damian Official Store, Shopify or third parties. Unauthorised 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 Damian Official Store. Damian Official Store's names, logos, product and service names, designs and slogans are trademarks of Damian Official Store or its affiliates or licensors. You may not use such trademarks without the prior written consent of Damian Official Store. 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 tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to 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 are familiar with and approve of the terms and conditions on which those tools are provided by the relevant third-party providers. We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you choose 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 harm or damage related to the access of third-party websites or the purchase or use of products, services, resources or content on third-party websites. Please review the policies and practices of third parties carefully 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 third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY [NOTE FOR MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be removed or modified.] Damian Official Store is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made in our store are made directly with Damian Official Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Damian Official Store, including any damages, injuries or losses arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchases and transactions with Damian Official Store.
SECTION 10 - PRIVACY POLICY All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and some personal data may be subject to the provisions of Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read this privacy policy. As the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in a country different from the one in which you reside, in order to provide you with the services. Please refer to our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal data.
SECTION 11 - FEEDBACK If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence 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 granted under such licence to operate, provide, evaluate, improve, refine and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service. You further represent and warrant that: (i) you own or have all necessary rights over all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be under any obligation to (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback. We may, without any obligation to do so, monitor, edit or remove feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You further agree that your Feedback will not include defamatory, libellous or otherwise unlawful, abusive or obscene content, nor 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 false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally information on or within the Services may contain typographical errors, inaccuracies or omissions relating 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 any errors, inaccuracies or omissions and to change or update information or cancel orders at any time and without prior notice (including after your order has been submitted).
SECTION 13 - PROHIBITED USES You may only access and use the Services 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 international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to upload, knowingly receive, download, use or re-use 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, chain letters, spam or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, in our discretion, may harm Damian Official Store, Shopify or users of the Services, or expose them to liability. You also agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext on the Services; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass any security or authorisation features. We reserve the right to suspend, disable or terminate your 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 (Agent Terms) applies if you use, permit, enable or cause 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 may run on behalf of or through a person's device, without direct supervision. 14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in section 14.4 below. 14.3 We may establish 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) identify that the request originates from an Agent in all HTTP/HTTPS requests; (ii) not conceal or obscure the fact that any access originates from an Agent; (iii) respond truthfully to any question intended to determine whether interactions originate from a human or a computer; (iv) not circumvent any measure intended to block or limit Agent access.
SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law and Privacy Policy.
SECTION 16 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. EXCEPT AS EXPRESSLY STATED BY DAMIANO MONGIELLO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SECTION 17 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DAMIANO MONGIELLO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE 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 REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Damian Official Store, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, made by any third party or arising from (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
SECTION 19 - SEVERABILITY If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT Our failure 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 constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals between you and us.
SECTION 21 - ASSIGNMENT You may not transfer or assign this Agreement without our prior written consent. We may transfer or assign these Terms without your consent or notice.
SECTION 22 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Damian Official Store is located. You and Damian Official Store consent to the jurisdiction of such courts.
SECTION 23 - HEADINGS The headings in this agreement are included for convenience only and shall not affect these Terms of Service.
SECTION 24 - CHANGES TO TERMS OF SERVICE We reserve the right to update or modify these Terms of Service at any time by posting changes on our website. Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to damianofficialsonora@gmail.com. Damiano Mongiello damianofficialsonora@gmail.com +39 3662803332 MNGDMN68R03A662O N/A (private individual)