Terms of service

OVERVIEW
We welcome you to Lotto Eyewear! The terms "we", "us" and "our" refer to Weby Srl. Weby Srl operates this store and website, including all information, content, functionality, tools, products and related services in order to provide you, the customer, with a curated shopping experience (the "Services"). Lotto Eyewear is Powered by Shopify, which enables us to provide the Services to you. 
The terms and conditions below, together with any policies referred to herein (these "Terms and Conditions of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions of Service carefully, as they include important information about your legal rights and cover such things as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to the application of these Terms and Conditions of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

SECTION 1 - LOGIN AND ACCOUNT
By accepting these Terms and Conditions of Service, you represent that you have reached the age of majority in your state or region of residence and that you have provided us with your consent for any of your minor family members to use the Services on devices that you own, purchase, or operate.
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 provided in our store is correct, 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 all activities performed on your account. You may not transfer, sell, assign or license your account to third parties.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please keep in mind that the colors or appearance of the products may differ from how they appear on the screen due to the type of device used to access the store and the settings and configurations of the device itself.
We do not guarantee that the appearance or quality of any product or service purchased will meet 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 are submitting an offer to purchase. Weby Srl reserves the right to accept or reject your order for any reason, at its sole discretion. The order is not accepted until Weby Srl confirms acceptance. Payment must be received and processed before the order is accepted. Check your order carefully before submitting it, as Weby Srl may not be able to accommodate cancellation requests after the order has been accepted. In the event that your order is not accepted, is modified, or cancelled, we will attempt to notify you by contacting you at the e-mail address, billing address, and/or phone number provided at the time of your order.
Purchases are subject to return or exchange only in accordance with our Refund Policy https://lotto-eyewear.com/policies/refund-policy. 
You represent and warrant that the purchases are for personal or domestic use and not for commercial resale or export.

SECTION 4 - PRICING 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 submitted and will be stated in the order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping, handling, customs duties, or import charges.
Prices posted in our online stores may differ from prices offered in physical stores or online stores or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect prices and that 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 shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including email address, credit card numbers and their expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that (i) the credit card information provided is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred will be honored by the credit card issuer, and (iv) amounts charged will be paid at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are approximate only and are not guaranteed. We are not responsible for delays caused by shipping couriers, customs procedures, or events beyond our control. Once products are transferred to the courier, 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, as well as the design, selection and arrangement thereof, are the property of Weby Srl, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. 
These Terms permit use of 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 on the Services without our prior written consent. Except as expressly provided in these Terms, nothing contained herein grants or shall be construed as granting you a license or other right with respect to any patent, trademark, copyright or other intellectual property right of Weby Srl, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Weby Srl. 
The names, logos, product and service names, designs and slogans of Lotto Eyewear are trademarks of Weby Srl or its affiliates or licensors. You may not use these trademarks without the prior written consent of Weby Srl. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners. 

SECTION 7 - OPTIONAL INSTRUMENTS
You may be provided access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability of any kind arising from or related 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, and you should ensure that you are familiar with and agree to the terms and conditions under which such tools are provided by the respective third-party providers.
In the future we may also offer new features through the Services (including the release of new tools and resources). These new features will also be considered part of the Services and will be subject to these Terms and Conditions of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or maintained by third parties (including any integrated third party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not responsible for any damage or injury related to accessing third-party websites or purchasing or using products, services, resources, or content on third-party websites. Carefully review the policies and practices of third parties and make sure you understand them before making any transactions. Complaints, requests, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY 
Lotto Eyewear is supported by Shopify and this allows us to provide the Services to you. However, all sales and purchases made in our store are made directly with Weby Srl. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Weby Srl, including any damages, injuries, or losses resulting from the products and services you purchase. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or related to your purchases and transactions with Weby Srl. 

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and some personal data may be subject to the provisions of Shopify's Privacy Policy, which can be accessed here. 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 and use of the Services in order to provide and improve the Services to you. The information you submit to 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 for more details about how we, Shopify and our partner 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, universal, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise our rights under such license to operate, provide, evaluate, improve, enhance, and promote the Services and to fulfill our obligations and exercise our rights under the Terms and Conditions of Service.
You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have declared any compensation or inducements received in connection with the submission of Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be obligated in any way to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, without having any obligation to do so, monitor, edit, or remove feedback that we, in our sole discretion, deem to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise unacceptable, or that violates the intellectual property of any person or these Terms and Conditions of Service.
You agree that your Feedback does not violate any third party rights, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You also agree that your Feedback will not include libelous, defamatory or otherwise illegal, unlawful or obscene content, or contain computer viruses or other malware that could in any way 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 mislead any third party, as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no obligation for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
At times some information on or within the Services may contain typographical errors, inaccuracies or omissions regarding product descriptions, pricing, promotions, offers, product shipping costs, 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 and without notice (including after an order has been placed).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. 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 local international, federal, provincial, or state regulations, rules, laws, or ordinances; (c) to violate or infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, denigrate, 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 advertising or promotional materials, including junk mail, chain letters, spam, or any other similar form of solicitation; (h) to impersonate or attempt to impersonate any other 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 sole discretion, may harm Weby Srl, Shopify or users of the Services, or expose them to liability. 
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that impairs the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or monitor the Personal Data of others; (d) send spam, engage in phishing, pharming or pretexting on the Services; (e) use robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, Artificial Intelligence tools (such as agent AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or circumvent security or authorization features, robot exclusion headers, or other measures we take to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that any part of these Terms has been violated.

SECTION 14 - AGENTS
14.1 This section (Terms for Agents) applies if you use, permit, enable or determine the implementation of an Agent to access, use or interact with the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that can be performed on behalf of or by means of the person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services except on the condition that, at all times, it identifies itself and operates in strict compliance with the requirements set forth in Section 14.4 below. In addition, 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 Services.
14.3 We may establish limits, including through technical measures, on the manner 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 came from an Agent and state the name of the Agent 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 comes from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures designed to distinguish use by a computer from use by a human; (iii) truthfully responding to any questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) not circumventing or otherwise avoiding any measures intended to block, restrict, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - RESOLUTION
We may terminate this Agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, 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 continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - EXCLUSION OF WARRANTIES
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 done solely at your own risk. We disclaim any liability arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who is informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY WEBY LTD, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR USE WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, 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 ABOVE WARRANTY EXCLUSION MAY NOT APPLY TO YOU. 

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEBY SRL, 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 FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, NON-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF ANY SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR ANY OTHER CLAIM HOWEVER RELATED TO THE USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE 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 Weby Srl, 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, due to any third party or arising out of (1) your violation of these Terms and Conditions of Service or the documents referenced herein by reference, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services. 
We will notify you of any indemnifiable claim, with the understanding that failure to notify you in a timely manner will not relieve you of your obligations unless you suffer substantial prejudice. We may control the defense and settlement of such a claim at your expense, including your choice of counsel, but we will not settle any claim that imposes non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms and Conditions of Service is held to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Service; such determination shall not affect the validity and enforceability of the 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 and Conditions of Service and any disclosures 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, superseding any prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions 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, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations hereunder without your consent or notice to you.

SECTION 22 - APPLICABLE LAW
These Terms and Conditions of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the federal and state or territorial laws of the jurisdiction in which Weby Srl is located. You and Weby Srl consent to the venue and personal jurisdiction of such courts.

SECTION 23 - HEADERS
The titles used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions of Service.

SECTION 24 - CHANGES TO TERMS AND CONDITIONS OF SERVICE
You can review the current version of the Terms and Conditions 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 and Conditions 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 take effect on the date specified 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.

SECTION 25 - CONTACT INFORMATION
Questions regarding the Terms and Conditions of Service should be sent to info@lotto-eyewear.com.
Below is our contact information:
Weby Ltd.
info@twigstore.com
Via Sistina, 121 - 00187 Rome (RM), Italy.
(+39) 0763 733266
IT02153450560
RM-1629372