Terms & Conditions
Terms & Conditions
Futario runs and manages this website. Wherever the words “we”, “us” and “our” appear on these pages, they mean Futario. We make this website, together with every piece of information, tool and service it offers, available to you, the visitor, on the condition that you accept each of the terms, conditions, policies and notices set out below.
When you browse our site or buy anything from us, you are making use of our “Service” and you consent to be legally bound by the terms and conditions that follow (the “Terms of Service” or “Terms”), as well as any extra terms, conditions and policies mentioned in this document or reachable through a link. These Terms of Service cover every person who uses the site, which includes, among others, people who simply browse, vendors, shoppers, merchants and anyone who contributes content.
We ask that you go through these Terms of Service attentively before you open or make use of our website. Using or entering any portion of the site means you accept being bound by these Terms of Service. Should you disagree with any part of the terms and conditions in this agreement, you are not permitted to enter the website or make use of any of our services. Where these Terms of Service are treated as an offer, acceptance is strictly confined to these Terms of Service.
Any feature or tool that is newly introduced to the existing store will likewise be governed by the Terms of Service. The latest version of the Terms of Service can be consulted on this page whenever you wish. We may revise, modify or substitute any portion of these Terms of Service by publishing updates or amendments on our website. Checking this page from time to time for any changes is your responsibility. If you keep using or visiting the website once changes have been published, you are deemed to have accepted them.
Our online shop runs on Shopify Inc., which supplies the e-commerce platform that makes it possible for us to offer and sell you our products and services.
SECTION 1 - ONLINE STORE TERMS
In accepting these Terms of Service, you confirm that you have reached the legal age of adulthood where you live, or that you have reached that age and have authorized any minor who depends on you to make use of this site.
Our products may not be used for any unlawful or unapproved purpose, and while using the Service you must not break any law that applies where you are (copyright legislation included, among others).
Sending any virus, worm or other harmful or destructive code is strictly forbidden.
Breaking or infringing any of these Terms will lead to your Services being ended right away.
SECTION 2 - GENERAL CONDITIONS
We may decline to serve any person, for whatever reason, whenever we choose.
You acknowledge that your content (credit card details excluded) could be sent without encryption and may pass (a) across several different networks; and (b) through modifications needed to fit the technical standards of the networks or devices involved. Card details, however, are encrypted every time they travel across networks.
Without our explicit written approval, you may not copy, reproduce, duplicate, sell, resell or otherwise exploit any part of the Service, its use, the access to it, or any contact on the website used to deliver the Service.
Headings in this agreement exist purely for ease of reading and do not restrict or otherwise alter these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION
We cannot be held responsible when the information shown on this site is incorrect, incomplete or out of date. Everything published here is meant as general guidance only, and you should not depend on it or treat it as your only basis for any decision without checking primary sources that are more precise, more complete or more up to date. If you rely on anything published on this site, you do so entirely at your own risk.
Some historical information may appear on this site. By its nature, such information is not up to date and is offered purely as a reference. We may change the content of this site whenever we wish, yet we are under no duty to refresh any information shown here. Keeping track of changes to our site is your own responsibility.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products may change at any moment and without prior warning.
We may, whenever we decide, alter or stop the Service (or any portion or content of it) without giving you notice.
Neither you nor any third party can hold us liable for any change, price adjustment, suspension or termination of our Service.
SECTION 5 - PRODUCTS OR SERVICES (WHERE APPLICABLE)
Some products or services might be offered only online, through this website. Such items may be available in limited numbers and can be returned or exchanged solely under the terms of our Return Policy.
We have done our best to show the colors and pictures of the items in our store as faithfully as we can. Still, we have no way to ensure that the colors shown by your own screen will be exact.
We may, without being required to, restrict the sale of our products or Services to any individual, region or jurisdiction, and we can decide this on an individual basis. We may also cap the amount of any product or service we sell. Product descriptions and prices can be altered whenever we see fit, at our own discretion and without notice. We can withdraw any product from sale whenever we wish. Wherever the law forbids it, any offer of a product or service on this site is invalid.
We give no warranty that any product, service, information or other material you buy or receive will live up to what you expect, nor that every error in the Service will be fixed.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT DETAILS
We may turn down any order you submit to us. At our own discretion, we may restrict or cancel the quantities bought by a single person, a single household or a single order. Such limits can apply to orders made through or under one customer account, with one credit card, or sent to one billing or shipping address. If we alter or cancel an order, we may try to let you know by using the email, billing address or phone number you gave us when ordering. We may also restrict or block any orders that, in our own view, look like they come from dealers, resellers or distributors.
You undertake to give us up-to-date, complete and correct purchase and account details for every order placed in our store. You also undertake to update your account and other details without delay, including your email address, card numbers and expiry dates, so that we are able to process your orders and reach you when necessary.
Please see our Returns Policy for further details.
SECTION 7 - OPTIONAL TOOLS
We may give you access to tools run by third parties, which we do not monitor and over which we have no control or influence.
You understand and accept that such tools are made available ”as is” and “as available”, with no warranty, representation, condition or endorsement of any sort. We bear no liability of any kind for anything that results from or is connected with your use of these optional third-party tools.
If you choose to use any optional tool available through the site, you do so completely at your own risk and judgment, and you should make sure you have read and accept the terms under which the relevant third-party provider(s) supply those tools.
In the future we may also introduce new services or features on the website (for example, new tools and resources). Any such new services or features will equally fall under these Terms.
SECTION 8 - THIRD-PARTY LINKS
Part of the content, products and services offered through our Service may contain material supplied by third parties.
Links to third parties on this site can lead you to outside websites that have no connection with us. We do not review or assess their content or its accuracy, we give no warranty for it, and we accept no liability or responsibility for any third-party material or website, or for any other material, product or service supplied by third parties.
We accept no liability for any loss or damage connected with buying or using goods, services, resources or content, or with any other transaction carried out through a third-party website. Please read the policies and practices of the third party with care and be sure you understand them before going ahead with any transaction. Any complaint, claim, concern or question about a third-party product must be addressed to the relevant provider.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER CONTRIBUTIONS
Whether you send us particular submissions because we asked for them (contest entries, for instance) or you send us creative ideas, suggestions, proposals, plans or other material without being asked, and whether by internet, email, post or any other means (together, 'comments'), you accept that we may at any moment and without limitation edit, copy, publish, distribute, translate or use in other ways, in any format, any comments you send us. We have no duty, now or later, (1) to keep any comment confidential; (2) to pay anything in return for any comment; or (3) to reply to any comment.
We may, though we are not required to, review, edit or delete content that we consider, at our own discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or in any other way objectionable, or that infringes the intellectual property of anyone or breaches these Terms.
You accept that your comments will not infringe the rights of any third party, such as copyright, trademark, privacy, personality or any other personal or proprietary right. You also accept that your comments will not include libelous, unlawful, abusive or obscene content, nor any computer virus or other malicious software capable of disrupting the Service or any connected website. You must not use a fake email address, claim to be another person, or in any other way deceive us or third parties about where a comment comes from. You alone are responsible for the comments you post and for their accuracy. We accept no responsibility and no liability for comments posted by you or by any third party.
SECTION 10 - PERSONAL INFORMATION
Any personal information you provide through the store is handled according to our Privacy Policy. Please consult our Privacy Policy for details.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time our site or the Service may show information containing typing mistakes, inaccuracies or omissions concerning product descriptions, prices, promotions, offers, shipping fees, delivery times or stock. We may fix any such mistakes, inaccuracies or omissions, and may change or update information or cancel orders whenever information in the Service or on a connected website turns out to be wrong, without notifying you first (even after your order has been placed).
Except where the law requires it, we have no duty to update, correct or explain information found in the Service or on any connected website, pricing information included. No particular update or refresh date shown in the Service or on a connected website should be read as a sign that every piece of information there has been changed or updated.
SECTION 12 - PROHIBITED USES
On top of the other restrictions described in the Terms of Service, you may not use the site or its content: (a) to pursue any illegal purpose; (b) to encourage anyone else to carry out or take part in illegal acts; (c) to break any international, federal, provincial or state law, rule or regulation, or any local ordinance; (d) to infringe or breach our intellectual property rights or those belonging to anyone else; (e) to harass, abuse, insult, hurt, defame, slander, belittle, intimidate or discriminate against anyone on the basis of race, ethnicity, religion, age, gender, sexual orientation, disability or national origin; (f) to give false or misleading information; (g) to transmit or upload viruses or any other malicious code that will or could be used in a way that impairs the functioning or operation of the Service, other websites, the Internet or any connected website; (h) to gather or track other people's personal information; (i) to scrape, crawl, spider, spam, phish, pharm or pretext; (j) for any purpose that is obscene or immoral; or (k) to get around or interfere with the security features of the Service, any connected website, other websites or the Internet. We may end your use of the Service or of any connected website if you engage in any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITS OF LIABILITY
We make no guarantee, representation or warranty that our service will run without interruption, on time, securely or free of errors.
We make no warranty that any results you obtain by using the service will be correct or dependable.
You accept that we may occasionally take the service offline for an unlimited period, or end it altogether at any moment, without informing you.
You explicitly accept that you use the service, or are unable to use it, entirely at your own risk. Unless we have explicitly said otherwise, the service and every product and service supplied to you through it are offered 'as is' and 'as available', with no representation, warranty or condition of any sort, whether express or implied, including any implied warranty or condition of merchantability, merchantable quality, suitability for a specific purpose, durability, title or non-infringement.
Under no circumstances will Futario or our directors, officers, staff, agents, affiliates, interns, contractors, licensors, suppliers or service providers be held liable for any injury, loss or claim, or for any damages whether direct, indirect, special, incidental, consequential or punitive, of whatever kind, including but not limited to loss of profits, revenue, savings or data, costs of replacement, or any comparable damages, whether in contract, tort (negligence included), strict liability or any other theory, that result from your use of the service or of any product obtained through it, or from any other claim connected in any manner with your use of the service or of any product, such as, without limitation, errors or omissions in content, or loss or damage of whatever sort caused by using the service or any content (or product) published, sent or otherwise made available through the service, even where we were told such damage could happen. Since certain states or jurisdictions do not permit excluding or limiting liability for consequential or incidental damages, in those places our liability will be restricted to the greatest extent the law allows.
SECTION 14 - INDEMNIFICATION
You undertake to indemnify and defend Futario and to hold harmless our parent company, subsidiaries, partners, affiliates, directors, officers, contractors, agents, subcontractors, licensors, suppliers, service providers, interns and staff against any claim or demand, reasonable legal fees included, brought by any third party because of or in connection with you breaching these Terms of Service or the documents incorporated into them by reference, or your breach of any law or of the rights of any third party.
SECTION 15 - SEVERABILITY
Should any part of these Terms of Service be found illegal, void or unenforceable, that part will still be enforced as far as the applicable law permits, and whatever cannot be enforced will be treated as removed from these Terms of Service; such a finding will not impact the validity or enforceability of the remaining provisions.
SECTION 16 - TERMINATION
Any obligations and liabilities the parties took on before the date of termination will continue to apply after this agreement ends, for every purpose.
These Terms of Service stay in force until either you or we bring them to an end. You can end these Terms of Service whenever you like by telling us you no longer want to use our Services, or simply by no longer using our site.
If, in our own judgment, you fail, or we suspect you have failed, to respect any of the terms or provisions of these Terms of Service, we may also end this agreement at any moment without warning, in which case you will still owe every amount due up to and including the termination date; we may also, as a result, refuse you access to our Services (or any portion of them).
SECTION 17 - ENTIRE AGREEMENT
If we do not exercise or enforce a right or provision of the Terms of Service, this does not mean we have waived that right or provision.
These Terms of Service, together with any policies or operating rules we publish on this site or relating to the Service, form the complete understanding and agreement between us and you, and govern how you use the Service, replacing any earlier or simultaneous agreements, communications and proposals, spoken or written, between you and us (including, among others, any earlier versions of the Terms of Service).
No unclear wording in these Terms of Service will be interpreted to the disadvantage of the party that wrote it.
SECTION 18 - GOVERNING LAW
At checkout, a billing descriptor such as ‘futarioknitwear.com’ may be shown on the payment page and/or on the statement issued for your card.
Every purchase is processed and governed by the laws applicable to our business.
SECTION 19 - CHANGES TO TERMS OF SERVICE
The latest version of the Terms of Service is available on this page at all times.
We may, at our own discretion, revise, modify or substitute any portion of these Terms of Service by publishing updates and amendments on our website. Visiting our website from time to time to look for changes is your responsibility. If you keep using or visiting our website or the Service once any changes to these Terms of Service have been published, you are deemed to have accepted them.
SECTION 20 - CONTACT INFORMATION
Please send any questions regarding the Terms of Service to contact@futarioknitwear.com.