Terms and conditions of service

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

These Terms and conditions of service, together with the policies referenced herein (the "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they contain important information about your rights, including warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to them, you must not use or access the Services.

Nothing in these Terms limits or excludes the mandatory rights you have as a consumer under the Italian Consumer Code (Codice del Consumo, D. Lgs. 206/2005) and other applicable Italian and European legislation.

1. Access and account

By agreeing to these Terms, you confirm that you have reached the age of majority in your country of residence and that you have consented to any minors in your care using the Services on devices you own or manage. To use the Services, you may be asked to provide certain information, such as your email address and billing, payment and shipping details. You confirm that all information you provide is accurate, current and complete and that you have the right to provide it. You are responsible for keeping your account credentials secure and for all activity carried out through your account. You may not transfer, sell, assign or license your account to any third party.

2. Our products

We do our best to represent our products and services accurately. However, the colours and appearance of products may differ from how they appear on your screen, depending on your device and its settings. We do not guarantee that the appearance of a product will exactly match what is shown online. All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and to limit the quantities offered to any person, region or jurisdiction.

This is without prejudice to the 24-month legal guarantee of conformity provided by the Italian Consumer Code for goods sold to consumers.

3. Orders

When you place an order, you are making an offer to purchase. LindaMilano reserves the right to accept or decline your order for any reason. An order is only deemed accepted once we have confirmed it and payment has been received and processed. Please check your order carefully before submitting it, as we may not be able to accommodate changes or cancellations once it has been accepted. If an order is not accepted, is changed or is cancelled, we will try to contact you using the contact details you have provided. Your purchases are subject to return or exchange in accordance with our Returns and Refund Policy and the 30-day right of withdrawal granted by the Italian Consumer Code. You confirm that your purchases are for personal or household use and not for commercial resale or export.

4. Prices and billing

Prices, discounts and promotions may change without notice. The price charged will be the one in effect at the time the order is placed and will be shown in the confirmation email. Unless otherwise stated, prices shown include VAT where applicable and exclude shipping, handling, customs duties or import charges. You agree to provide current, complete and accurate purchase and payment information and to promptly update your account details so that we can complete your transactions and contact you when needed. You confirm that the payment details you provide are true and correct, that you are authorised to use the payment method and that you will pay all amounts due at the prices shown, including shipping costs and applicable taxes.

5. Shipping and delivery

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by couriers, customs procedures or events beyond our control. For consumers, the risk of loss of or damage to the goods passes on physical delivery to the customer or to a carrier chosen by the customer, as provided for by art. 63 of the Italian Consumer Code. Full details are set out in our Shipping Policy.

6. Intellectual property

Our Services, including all trademarks, logos, text, images, graphics, product reviews, video and audio content, and their design, selection and arrangement, are owned by LindaMilano or its licensors and are protected by intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material on the Services without our prior written consent. The LindaMilano name, its logos, product and service names, designs and slogans are trademarks of LindaMilano. All other names, logos and trademarks appearing on the Services belong to their respective owners.

7. Optional tools

You may be given access to third-party tools that we neither monitor nor control. You acknowledge 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. Your use of optional third-party tools is entirely at your own risk, and it is your responsibility to review and accept the terms under which they are provided.

8. Third-party links

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, nor are we liable for any harm arising from your use of them. Please review the third party's policies carefully before engaging in any transaction.

9. Relationship with Shopify

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

10. Privacy policy

All personal data collected through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, certain information may also be subject to Shopify's privacy policy. By using the Services, you confirm that you have read these policies.

11. Feedback

If you submit ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free and sublicensable licence to use, reproduce, modify, publish and display that Feedback for any purpose, including commercial use. You confirm that you own the rights to your Feedback and that it does not infringe the rights of any third party. We are under no obligation to keep any Feedback confidential, to pay any compensation for it or to respond to it.

12. Errors, inaccuracies and omissions

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors and to change or update information, or cancel orders, if any information turns out to be inaccurate, at any time and without notice, including after you have submitted your order. If an order that has already been paid for is cancelled, we will issue a full refund.

13. Prohibited uses

You may use the Services only for lawful purposes. You may not use the Services for any unlawful or fraudulent purpose, to break any law, to infringe our intellectual property or that of others, to harass or harm any person, to transmit false or misleading information, to send spam or unsolicited advertising, to impersonate any person or entity, to upload viruses or malicious code, to collect or track the personal data of others, or to interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your access if you breach any part of these Terms.

14. Termination

We may terminate this agreement or revoke your access to the Services at our discretion at any time, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will continue to apply, including those on Intellectual property, Feedback, Disclaimer of warranties, Limitation of liability, Indemnification and Governing law. Termination does not affect orders already accepted or your consumer rights in relation to those orders.

15. Disclaimer of warranties

The information presented through the Services is provided for informational purposes only, and any reliance on it is at your own risk. Except as expressly stated by LindaMilano, the Services and all products offered through them are provided "as is" and "as available", without representations, warranties or conditions of any kind, whether express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

This clause does not apply to the 24-month legal guarantee of conformity or to the other mandatory rights granted to consumers by the Italian Consumer Code, which remain fully in force.

16. Limitation of liability

To the fullest extent permitted by law, LindaMilano and its directors, employees, affiliates, agents, contractors or licensors will not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, loss of data or replacement costs, arising from the use of the Services or the products, even if we have been advised of their possibility.

Nothing in these Terms excludes or limits our liability for wilful misconduct or gross negligence, for death or personal injury, or in any other case where such exclusion is prohibited by Italian law.

17. Indemnification

You agree to indemnify and hold harmless LindaMilano, Shopify and their respective affiliates, officers, directors, employees, agents, contractors and licensors from any loss, damage, liability or claim, including reasonable legal fees, arising from your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Services.

18. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law and the unenforceable part will be severed from these Terms without affecting the validity of the remaining provisions.

19. Waiver and entire agreement

Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and the policies we publish constitute the entire agreement between you and us, govern your use of the Services and supersede any prior agreements between the parties.

20. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent; any attempt to do so will be void. We may assign or transfer these Terms and our rights and obligations without restriction.

21. Governing law and jurisdiction

These Terms and any separate agreements under which we provide the Services to you are governed by and construed in accordance with Italian law.

For disputes with customers acting as consumers, the court of the consumer's place of residence or elected domicile has exclusive jurisdiction, if located within the territory of the Italian State. For disputes with customers not acting as consumers, the Court of Milan (Foro di Milano) has exclusive jurisdiction.

Consumers resident in the European Union may also use the online dispute resolution (ODR) platform provided by the European Commission.

22. Headings

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

23. Changes to these Terms

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

24. Contact

LindaMilano Lange Schijfstraat 101, 5038 TT Tilburg, the Netherlands Email: contact@lindamilano.com