Termini e condizioni del servizio

OVERVIEW

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

The terms and conditions below, together with any policies referred to here (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use 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 our Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any minor dependents to use the Services on devices that 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 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 to our store is accurate, current, and complete, and that you have all necessary rights to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately represent our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen because of the type of device you use to access the store and your device’s settings and configuration.

We do not guarantee that the appearance or quality of any product or service you purchase 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 make an offer to purchase. BARKKY reserves the right to accept or reject your order for any reason, at its discretion. An order is not accepted until BARKKY confirms its acceptance. Payment must be received and processed before an order is accepted. Please review your order carefully before submitting it, as BARKKY may be unable to accommodate cancellation requests after an order has been accepted. If an order is not accepted, is modified, or is canceled, we will attempt to notify you using the email address, billing address, and/or phone number you provided when placing the order.

Purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

You represent and warrant that your 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 you place your order and will be shown in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices shown 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 through the Services that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will control.

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 expiration 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 true, accurate, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred will be honored by your credit card company; and (iv) you will pay the charges at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, 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, and the design, selection, and arrangement of these materials, are owned by BARKKY, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms allow you to use 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 available through the Services without our prior written consent. Except as expressly stated in these Terms, nothing in them grants or should be interpreted as granting any license or other rights in any patent, trademark, copyright, or other intellectual property of BARKKY, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by BARKKY.

The BARKKY names, logos, product and service names, designs, and slogans are trademarks of BARKKY or its affiliates or licensors. You may not use these trademarks without BARKKY’s prior written consent. 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 through the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be given access to customer tools provided by third parties as part of the Services. We do not monitor or control these tools and have no influence over them.

You acknowledge and agree that we provide access to these tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We will have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should make sure you understand and approve the terms and conditions under which those tools are provided by their third-party providers.

We may also offer new features through the Services in the future, including new tools and resources. These 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 embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of materials or websites operated by third parties that you choose to access. If you leave the Services to access those materials or third-party websites, you do so at your own risk.

We are not responsible for any harm or damage related to accessing third-party websites or purchasing or using products, services, resources, or content available on third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

BARKKY is hosted by Shopify, which enables us to provide the Services. However, all sales and purchases made in our store are completed directly with BARKKY. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and BARKKY, including any harm, injury, or loss arising from products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with BARKKY.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read this privacy information.

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 and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that 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 [LINK] for more details about how we, Shopify, and our partners use your personal information.

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 license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium and for any purpose, including commercial purposes. For example, we may exercise the rights granted under this license to operate, provide, evaluate, improve, develop, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive you received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory, libelous, or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could 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 about the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information about or within the Services may sometimes contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. If any 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 without prior notice, including 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: (a) for any unlawful or harmful purpose; (b) to violate any local, international, federal, provincial, or state law, rule, regulation, or ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate, or injure any of our employees or any other person; (e) to submit 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 advertising or promotional material, including junk mail, chain letters, spam, or any similar solicitation; (h) to impersonate or attempt to impersonate another 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 BARKKY, 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 that may be used in any way to 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 track the personal information of others; (d) spam, phish, pharm, or pretext through the Services; (e) use robots, spiders, scraping tools, data-gathering or extraction tools, devices, or automated processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures we use to restrict access. 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 an Agent to access, use, or interact with the Services. An “Agent” means any software or service that takes autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate 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 in Section 14.4 below. In addition, no Agent may access, use, or interact with any Service if we have asked the Agent to refrain from doing so.

14.3 We may set limits, including through technical measures, on the manner and conditions under which an Agent may access, use, or interact with the Services.

14.4 Agents must: (i) identify in all HTTP/HTTPS requests that the request comes from an Agent and state the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”; (ii) not conceal or obscure that access, use, or interaction comes from an Agent, including by (a) imitating human behavior and interaction patterns or (b) completing or bypassing CAPTCHA or measures intended to distinguish computer use from human use; (iii) truthfully answer any question or prompt intended to determine whether interactions come from a human or a computer; and (iv) not bypass or otherwise avoid any measure 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 of them, at our sole discretion, at any time and without notice. You will remain responsible for all amounts due up to and including the date of termination.

The following sections will remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from any reliance on these materials by you, any other visitor to the Services, or anyone who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE 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 LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE DISCLAIMER ABOVE MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], 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, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BARKKY, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by a third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated 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.

We will notify you of any indemnifiable claim, provided that a failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of the claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which may not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. That determination will 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 will not constitute a waiver of that right or provision.

These Terms of Service and any policy 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. They replace any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

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. Any attempt to do so will be void and without effect. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreement through which we provide the Services will be governed by and interpreted in accordance with the federal and state or territorial laws of the jurisdiction where BARKKY is based. You and BARKKY consent to the territorial jurisdiction and personal jurisdiction of those courts.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

You can review the most 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 on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to Barkkyusa@yahoo.com.

ECOMMERCE DI ROMANO ALESSIO

VIA SANTA CROCE 12 COLLEGNO (TO)

+393477944703

VAT: IT13509220011