Terms of service

OVERVIEW

Welcome to 4AM Season! The terms "we," "us," and "our" refer to 4AM Season. 4AM Season operates this store and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a curated shopping experience (the "Services"). 4AM Season is powered by Shopify, which allows us to provide the Services to you.

The following terms and conditions, 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, to the extent permitted by applicable law.

By visiting, interacting with, or using our Services, you agree to 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 the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents 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 products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under 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 the most accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device used to access the store and your device settings and configurations.

We do not guarantee that the appearance of products displayed on your screen will perfectly match the actual products. In any case, your rights under applicable law remain unaffected, including the legal guarantee of conformity set forth in Section 5-bis.

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. 4AM Season reserves the right to accept or decline your order for any reason, to the extent permitted by applicable law. Your order is not accepted until 4AM Season confirms acceptance. Payment must be received and processed before your order is accepted.

Please review your order carefully before submitting it, as once accepted, we may not be able to accommodate cancellation requests, except as required by applicable law and our return and refund policies.

In the event your order is not accepted, modified, or canceled, we will attempt to notify you by contacting you at the email address, billing address, and/or phone number provided at the time of order placement.

Purchases are subject to return or exchange only in accordance with our Return and Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export, unless we have expressly consented to them in writing.

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 at the time the order is placed and will be indicated in the order confirmation email.

Unless otherwise indicated, prices published in the online store are in euros and include VAT where applicable. Any shipping costs and any other applicable additional charges will be clearly indicated during checkout before completing the order.

Prices published in our online stores may differ from prices offered on other sales channels operated directly by us or authorized third parties. We may, from time to time, offer promotions on the Services that may affect prices and 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 will 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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, accurate, and complete, (ii) you are duly authorized to use the payment method selected for the purchase, and (iii) all amounts due will be paid, including any shipping charges and applicable taxes indicated at checkout.

SECTION 5 - SHIPPING AND DELIVERY

Information regarding shipping and delivery times is provided for informational purposes only, unless otherwise specified. We will make reasonable efforts to meet these times, but cannot guarantee specific delivery dates.

Shipping costs, free shipping thresholds, and any applicable geographic restrictions are indicated during checkout before finalizing your order.

We are not responsible for delays caused by couriers, customs procedures, force majeure, or events beyond our reasonable control.

Unless otherwise required by applicable law, the risk of loss or damage to the products passes to the customer when the customer, or a third party designated by the customer and other than the carrier, acquires physical possession of the goods.

SECTION 5-BIS - LEGAL GUARANTEE OF CONFORMITY

If you purchase as a consumer pursuant to applicable law, the products sold by 4AM Season are covered by the legal guarantee of conformity provided for by the Consumer Code.

The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods and which becomes apparent within the time limit established by law.

In the event of a lack of conformity, the consumer has the right, in the cases and within the limits established by law, to have the goods brought into conformity through repair or replacement, or, in the cases established by law, to a proportionate reduction in the price or to terminate the contract.

The consumer is required to report the defect in accordance with applicable law. For assistance regarding the legal guarantee, you can contact us at the contact details indicated in Section 25, possibly attaching the order number and a description of the defect.

This section applies exclusively to customers purchasing as consumers. Any additional mandatory rights established by applicable law remain unaffected.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, branding, text, display elements, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of 4AM Season, its affiliates, or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You may 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 permitted by law.

Except as expressly provided in these Terms, nothing herein grants, or should be construed as granting, any license or other right under any patent, trademark, copyright, or other intellectual property rights of 4AM Season, Shopify, or any third party. All rights not expressly granted in these Terms are reserved by 4AM Season.

The 4AM Season names, logos, product and service names, designs, and slogans are trademarks of 4AM Season or its affiliates or licensors. You may not use these trademarks without the prior written consent of 4AM Season. The Shopify 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 on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party customer tools as part of the Services, over which we neither monitor nor have any control nor 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, to the extent permitted under applicable law. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, except in cases of willful misconduct or gross negligence, and except as otherwise provided by mandatory law.

Any use by you of 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 such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including, the release of new tools and resources). Such new features will also be considered part of the Services and 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 functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk. We are not responsible for any harm or damages related to your access to third-party websites or the purchase or use of products, services, resources, or content found on third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage 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

4AM Season is powered by Shopify, which allows us to provide you with the Services. However, all sales and purchases made on our store are made directly with 4AM Season. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and 4AM Season, including any damages, injuries, or losses resulting 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 4AM Season.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be found on the website, and certain personal data may be subject to Shopify's Privacy Policy, which can be found on their website. 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 about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify as well as with third parties who may be located in a country other than your country of residence, in order to provide the Services to you. Please see our privacy policy 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 any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a non-exclusive, transferable, sublicensable, royalty-free, fully licensed, and fully authorized license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for purposes related to operating, improving, and promoting the Services.

You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback will comply with these Terms.

We are not obligated to maintain the confidentiality of Feedback, to pay compensation for it, or to respond to Feedback, unless otherwise required by law or specific written agreements.

We may, but have no obligation to, monitor, edit, or remove Feedback that, in our sole discretion, we deem unlawful, offensive, threatening, defamatory, libelous, 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 contain libelous, defamatory, or otherwise unlawful, infringing, or obscene content, nor will it contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You are solely responsible for any Feedback you provide and its accuracy.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Sometimes information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. If such information is inaccurate, we reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders at any time, to the extent permitted by applicable law.

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: (a) for any unlawful or harmful purpose; (b) to violate any applicable regulations, rules, laws, or ordinances; (c) to infringe or infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any unsolicited advertising or promotional material; (h) to impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, in our sole discretion, may harm 4AM Season, Shopify, or users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will impair the functionality or operation of the Services; (b) reproduce, duplicate, copy, mine, sell, resell, or exploit any portion of the Services; (c) collect or monitor the personal data of others; (d) spam, phish, pharme, or pretext the Services; (e) use any robot, spider, scraping tool, data gathering and extraction tool, automatic device or process, agent-like artificial intelligence tool, or automated or manual means to access the Services, unless we have our prior written authorization or as expressly permitted by applicable law; or (f) interfere with, circumvent, or bypass any security or authorization features, robot exclusion headers, or other measures we use to limit 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.

SECTION 14 - AGENTS

14.1 This section (Agent Terms) applies if you use, permit, enable, or cause to be deployed an Agent to access, use, or interact with the Services. An "agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the direction of, any person or entity and that can run on behalf of or through that 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 forth in Section 14.4 below. Furthermore, 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.

14.3 We may establish limits, including through technical measures, on the ways 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 is coming from an Agent and state the Agent's name by including the following in the user-agent string of the request: "Agent/[agent name]"; (ii) not conceal or obfuscate the fact that any access, use, or interaction is from an Agent, including by (a) imitating human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer from human use; (iii) answer truthfully to any questions or prompts designed to determine whether interactions are from a human or a computer; (iv) not circumvent or otherwise avoid any measures intended to block, limit, modify, or control whether or how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof), in our sole discretion, at any time and to the extent permitted by applicable law, and you will remain liable for all amounts due up to and including the date of termination.

Even in the event of any termination, the following sections will survive to the extent that, by their nature, they are intended to survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented 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 at your own risk.

Except as expressly provided in these Terms or as otherwise required by applicable law, the Services and all products offered through the Services are provided "as is" and "as available," without any further representations or warranties, express or implied.

Nothing in this section limits any mandatory consumer rights under applicable law, including statutory warranty rights.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, 4AM Season will not be liable for indirect, consequential, or lost profits damages arising from the use of the Services or the purchase of products through the Services.

It is understood that nothing in these Terms excludes or limits liability in cases where such exclusion or limitation is not permitted by applicable law, including cases of willful misconduct, gross negligence, personal injury, or breach of statutory consumer rights.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 4AM Season, 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, made by any third party or arising from: (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services in violation of these Terms.

We will notify you of any indemnified claim, provided that any failure to notify you promptly will not relieve you of your obligations unless you suffer material harm.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to 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, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party, except as required by applicable law.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent, subject to applicable law.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with Italian law.

For consumers residing in the European Union, any mandatory rights under the laws of the country of habitual residence of the consumer remain unaffected.

For any dispute arising from or relating to these Terms or the Services, if the customer is acting as a consumer, the court of the consumer's place of residence or domicile will have jurisdiction, where provided for by applicable law. In other cases, the court of the place where 4AM Season is headquartered will have exclusive jurisdiction, unless otherwise provided by mandatory law.

SECTION 23 - HEADINGS

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can review the currently current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for any changes.

We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will be effective as of the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes, to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions regarding the Terms and Conditions of Service should be sent to info@4amseason.it.

Our contact information is below:

4AM Season

brand of Parric s.r.l.
Via Bernardo de Rubeis, 33100 Udine (UD), Italy
Email: info@4amseason.it
VAT number: IT02559400300
Company Registration Number: 02559400300