Terms of service

OVERVIEW
Welcome to "Tool in"! The terms "we", "us" and "our" refer to BARILE MARCO ditta individuale, owner of "Tool in". BARILE MARCO ditta individuale, owner of "Tool in", manages this store and website, including the information, content, functionality, tools, products and services, in order to provide you, the customer, with an appropriate shopping experience (the "Services"). The "Tool in" store, owned by BARILE MARCO ditta individuale, is powered by Shopify, which enables us to provide you with the Services.

The terms and conditions below, together with any policies contained therein ("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 areas such as warranty limitations 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 – Tool in.
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 are of legal age in the state or province where you reside, and that you have given us your consent to allow minors related to you to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing online stores or purchasing products and services offered by us, you may need to provide certain information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you hold all necessary rights to provide such information.
You are responsible for your account activity and for protecting your account credentials. You may not transfer, sell, assign or licence your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, the display of colours and appearance of products may vary depending on the type of device you use to access the store and its settings and configuration.
We cannot guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.
All product descriptions are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any individual, geographic area or jurisdiction from time to time.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. BARILE MARCO ditta individuale, owner of "Tool in", reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is not confirmed until BARILE MARCO ditta individuale, owner of "Tool in", confirms its acceptance. Before accepting an order, we must receive and process payment. Please review your order carefully before submitting it, as BARILE MARCO ditta individuale, owner of "Tool in", may not be able to accommodate cancellation requests after acceptance. If an order is refused, modified or cancelled, we will notify you by contacting you via the email address, billing address and/or phone number you provided when placing the order.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy – Tool in.
You represent and warrant that the information provided at the time of purchase is truthful, accurate and complete, and that purchases are made for personal, family or professional use and not for unauthorised resale or export in violation of applicable regulations.

SECTION 4 – PRICES AND BILLING
Prices, discounts and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time of order submission and will be visible in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, or shipping, handling and import costs.
Prices published in our online stores may differ from prices offered in physical or online stores or in other stores operated by third parties. From time to time we may offer promotions on the Services that affect prices and are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made in our stores, you agree to provide accurate, current and complete purchase, payment and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, to enable us to complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is truthful, accurate and complete, (ii) you are authorised to use that credit card for purchases, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling charges and all other applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures or events beyond our control. Once products have been transferred to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, texts, displays, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are owned by BARILE MARCO ditta individuale, owner of "Tool in", its affiliates or licensors, and are protected by Italian copyright law (Law of 22 April 1941, no. 633), European Union intellectual property regulations and applicable international treaties.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create copies of, publicly display or present, republish, download, store or transmit any material relating to the Services without our written consent. Except as expressly stated, nothing in these Terms grants or may be construed as granting any licence or other rights in your favour relating to patents, trademarks, copyright or other intellectual property of BARILE MARCO ditta individuale, owner of "Tool in", Shopify or third parties. Unauthorised use of the Services may constitute a violation of national and European intellectual property and copyright regulations. All rights not expressly granted herein are reserved to BARILE MARCO ditta individuale, owner of "Tool in".
The names, logos, product and service names, designs and slogans of BARILE MARCO ditta individuale, owner of "Tool in", are trademarks of BARILE MARCO ditta individuale, owner of "Tool in", or its affiliates or licensors. You may not use such trademarks without the written authorisation of BARILE MARCO ditta individuale, owner of "Tool in". The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to tools for customers offered by third parties as part of the Services, which we do not verify, monitor or control.
You understand 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 have no liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is at your own risk and discretion, and you should ensure you are aware of and agree to the terms on which such tools are provided by the relevant third-party providers.
In the future we may offer new features through the Services (including the launch of new tools and resources). Such new features shall 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 embedded third-party features). It is not our responsibility to review or evaluate the content or accuracy of third-party materials or websites you choose to access. If you decide 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 issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please carefully read and understand the policies and practices of the relevant third parties before carrying out any transaction. Any complaints, concerns or questions regarding third-party products and services should be directed to those third parties.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
The "Tool in" store of BARILE MARCO ditta individuale is operated by Shopify, which enables us to provide you with the Services. However, sales and purchases you make in our Store are made directly with BARILE MARCO ditta individuale, owner of "Tool in". By using the Services, you understand and agree that Shopify is not responsible for any aspect of sales between you and BARILE MARCO ditta individuale, owner of "Tool in", including any injuries, damages or losses arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to purchases and transactions you make with BARILE MARCO ditta individuale, owner of "Tool in".

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here: Privacy Policy – Tool in, and certain personal data may be subject to Shopify's Privacy Policy, available here: Shopify Privacy Policy. By using the Services, you confirm that you have read the aforementioned privacy policies.
As it supports the Services, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. In order to provide and improve the Services for you, data you submit to the Services will be transmitted to and shared with Shopify and third parties who may reside in countries other than your own. Please consult our Privacy Policy – Tool in for more information on how we, Shopify and our partners use your personal data.

SECTION 11 – FEEDBACK
When you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback through any medium for any purpose, including commercial purposes. For example, we may exercise our rights under this licence to manage, provide, evaluate, improve, enhance and promote the Services, and to fulfil our obligations and exercise our rights as set out in the Terms of Service.
You further confirm and agree that: (i) you own all necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obliged to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although we are not obliged to do so, we may monitor, edit or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or in violation of intellectual property rights or these Terms of Service.
You confirm that your Feedback will not infringe any rights of any third party, including copyright, trademark, privacy, personality or any other personal or proprietary rights. You further confirm that your Feedback will not contain defamatory or otherwise unlawful, offensive or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or any linked website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information presented in or through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, offers, promotions, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders in the event of any inaccuracy at any time and 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, to: (a) engage in illegal or malicious activities; (b) violate local, provincial, state, federal or international regulations, rules, laws or ordinances; (c) infringe or violate our intellectual property rights or those of others; (d) harass, oppress, insult, harm, defame, slander, disparage, intimidate or offend our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) transmit or induce the sending of advertising or promotional material, including "junk mail", "chain letters", "spam" or other similar solicitations; (h) impersonate or attempt to impersonate any other person or entity; (i) engage in any other conduct that prevents or inhibits anyone's use of or access to the Services, or that we consider harmful to BARILE MARCO ditta individuale, owner of "Tool in", Shopify or users of the Services, or exposes them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that could be used to affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (e) interfere with or circumvent the security features of the Services or related websites, other websites or the internet. We reserve the right to suspend, disable or close your account at any time, without notice, if we consider that you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at any time at our sole discretion and without notice; you will remain responsible for all amounts owed up to the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Limitation of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which by its nature should survive termination.

SECTION 15 – LIMITATION OF WARRANTY
Information presented in or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of such information. You rely on such information solely at your own risk. We accept no responsibility for any reliance placed on such materials by you, any visitor to the Services, or anyone who may be informed of their contents.
Except as expressly stated by BARILE MARCO ditta individuale, owner of "Tool in", the Services and all products offered through them are provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, quality of service, 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 may limit or prohibit disclaimers of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall BARILE MARCO ditta individuale, owner of "Tool in", or our or Shopify's and its affiliates' partners, directors, officers, employees, affiliates, agents, merchants, service providers or licensors be liable for any injuries, losses, claims or 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, replacement costs or other similar damages, whether arising from contract, tort (including negligence) or otherwise, arising from your use of the Services or products obtained through the Services; nor for any other claims relating to your use of the Services or products, including but not limited to any errors or omissions in content, or any loss or damage of any kind resulting from the use of the Services or any content (or products) posted, transmitted or otherwise made available through the Services, even if advised of the possibility thereof.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless BARILE MARCO ditta individuale, owner of the "Tool in" store, Shopify and our affiliates, partners, officers, directors, employees, agents, merchants, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees payable to any third party, arising from: (1) your breach of these Terms of Service or the documents incorporated herein; (2) your violation of any laws or third-party rights; (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to give immediate notice does not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claims at your expense, including the choice of counsel, but will not settle claims requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defence of unindemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, it shall be enforceable only to the extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of BARILE MARCO ditta individuale, owner of "Tool in", 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 relation to the Services constitute the entire agreement and understanding between us and you, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between us and you (including but not limited to any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt to do so shall be void and of no effect. We may transfer, assign or delegate these Terms and our rights and obligations without notice to you or your consent.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with the Services are governed by and construed in accordance with the laws of the Italian State. For any dispute relating to the application, performance and interpretation of these Terms, the Court of Bari shall have jurisdiction, except where mandatory consumer jurisdiction rules apply.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can review the current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify 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 such changes will be effective from the date indicated in the notice. Your continued use of or access to the Services following any changes to the Terms of Service constitutes your acceptance of those changes.

SECTION 24 – CONTACT DETAILS
Questions about the Terms of Service should be sent to marco@toolin.it.
Our contact details are listed below:
BARILE MARCO ditta individuale
marco@toolin.it
Registered office: Via Robert Schuman 15, 70126 Bari – Italy
Phone: +393882577413
REA registration – Bari Chamber of Commerce: BA – 671906
VAT number: IT 09102440725