Terms & Conditions

General Terms and Conditions of Business

 Welcome to Forziani. Forziani and its affiliates provide access to the forziani.com website (the "website") and sell our products to you subject to the conditions set out on this page. Please read these conditions carefully before using the Forziani website. By using the Forziani website, you signify your agreement to be bound by these conditions.

*Updated Nov 10, 2016 - Article 18, Section 5.5

 1. Your Account : If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. Forziani reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

 2. The presentation of products on our Website does not constitute any offer by forziani.com for a purchase contract.


3. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “buy”. Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.


4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.


5. A purchase contract between you and forziani.com will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.


6. Forziani.com has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

 7. Submitted Content: the Site and Service may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. The Site and Service may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. Forziani is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Forziani may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting that:

  •  is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
  •  may contain software viruses or malware;
  •  contains advertisements or solicitations of any kind, or other commercial content;
  •  is designed to impersonate others;
  •  contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
  •  contains messages by non-spokesperson employees of Forziani purporting to speak on behalf of Forziani or containing confidential information or expressing opinions concerning Forziani;
  •  contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
  •  contains multiple messages placed within individual folders by the same user restating the same point;
  •  contains chain letters of any kind; or
  •  contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

 With respect to any Postings you submit or make available through the Site or Service (other than personal information, which is handled in accordance with the Privacy Policy), you grant Forziani a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such Posting or any part of such Posting, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any Posting you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Forziani, and (ii) Forziani’s authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

  8. Disclaimer of Warranty: All content, products, and services on the site, or available through the service, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Forziani does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site or service by any party, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. other than as required under applicable consumer protection law, under no circumstance will Forziani be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

 9. Limitation of Liability: You expressly understand and agree that Forziani and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Forziani has been advised of the possibility of such damages), resulting from use of the site, content or any related services.

 If the goods we deliver are not what you ordered or are damaged or defective or the shipment is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 7 working days of the delivery of the goods in question.

 If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by email or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either: to make good any shortage or non-delivery; or to replace any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question in whatever way we choose.

 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 2 above.

 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or USPS.

 10. 
Indemnity: you will indemnify and hold harmless Forziani from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Forziani and such parties, and shall defend Forziani and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Forziani will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Forziani.

 11. Force Majuere: Forziani shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Forziani. In the event that Forziani is temporarily unable to ship to you a purchased item because of such an event, Forziani will give you the option of deferring shipment or receiving a refund of your charges.

 12. Electronic Communication: When you use the Site, Service or send emails to Forziani, you are communicating with Forziani electronically. You consent to receive communications electronically from Forziani and its Site Affiliates (as defined in the Privacy Policy). Forziani will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

 13. Links: The Site, Service or third parties may provide links to other websites or resources. Because Forziani has no control over such sites and resources, you acknowledge and agree that Forziani is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Forziani shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

 14. Modifications and Notification of Changes: Forziani reserves the right to make changes to the Service, Site, related policies and agreements, these TOS and the Privacy Policy at any time. If Forziani makes a material modification to these TOS, it will notify you by: (i) sending an email to the address associated with your account. Forziani is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add forziani.com to the list of domains approved to send you email (commonly known as your “whitelist”); or (ii) displaying a prominent announcement above the text of these TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) or (ii) being deemed sufficient notification, of such changes.

 After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

 15. Trademarks: The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Forziani and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Forziani or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.

 16. Procedures for claims of Intellectual Property Infringement: Forziani respects the intellectual property of others, and we ask our users to do the same. Forziani may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Forziani’s Copyright Agent the following information:

  •  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  •  a description of the copyrighted work or other intellectual property that you claim has been infringed;
  •  a description of where the material that you claim is infringing is located on the Site;
  •  your address, telephone number, and email address;
  •  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  •  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
 

17. Returns: You may return the goods delivered within 14 days by return shipment without stating any reason. The time limit commences on receipt of this advisory in text form (e.g. letter, fax, e-mail), however, not until the recipient has received the goods (or not until receipt of the first partial delivery in the event of recurring deliveries of similar goods). You may declare a return also by posting a return request in text form, however, only for goods not eligible for parcel shipping (such as bulky goods). To comply with the deadline the goods or return request must be dispatched in a timely manner. All return shipments are at your expense and risk. Please address all returns and return request to: support@forziani.com 


In the event of a valid and effective return, the performance received by either party must be returned and any benefits derived must be released. You are required to compensate us for any loss in value if the goods are returned in a deteriorated state and for any benefits derived (such as advantages derived from usage) which cannot be returned at all or in part or can only be returned in a deteriorated state. You are required for compensate us for any loss in value for deteriorated goods or benefits derived only to the extent that such benefits or deterioration are due to any handling of the goods extending beyond an inspection of their qualities and functions. “Inspection for qualities and functions” shall mean the testing and trial of the goods, as is possible and common in, for example, a store. Any obligations to refund payments must be fulfilled within 30 days. For you, this time limit starts upon dispatch of the returns or return request, and for us, upon their receipt.


All return shipments are made via the service used for original delivery (Fedex or UPS), using the consignment note and/or label enclosed with the parcel. All documents that may be helpful for you when returning goods are enclosed with your parcel.

Please note that we can only accept return shipments from the country of destination. For example, if your delivery was made to Japan, any returns must be shipped from Japan as well.

Returns will be credited to your account/card, any losses caused by currency fluctuations will not be refunded.

For any questions about your right of return, please contact our Customer Care Team:

email: support@forziani.com

phone: 407-346-6026

 18. Prices; Product presentation; Availability; Gift Card; Promotion code:

 

1. The prices stated on our website www.forziani.com at the time of your order apply.


2. The goods offered at Forziani.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.


3. If you have ordered several items at the same time, the products may be delivered at different times. Shipping charges will be incurred only once in any such case.


4.1 The Gift Card can be used to purchase any article available on our website – except for additional Gift Cards – prior to its expiration date.


4.2. Exchanges or reimbursements of your gift card are only applicable in accordance with the return and withdrawal rights and conditions.


4.3 The Gift Card is only valid in countries that we ship to in the respective currencies, stated on our website. The Gift Card can only be used in the destination country, determined when purchasing the Gift Card. 


4.4 When purchasing the Gift Card you may choose between sending the Gift Card per email or by regular mail.


4. 5 Forziani.com is not responsible for the fraudulent use of or any lost, stolen, or destroyed Gift Cards, which goes into effect as soon as the Gift Card has been received. If sent per email, Forziani.com is not responsible for misspellings or errors in the recipient’s email address.


4.6 Forziani.com reserves the right to cancel or block the Gift Card, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. You will be informed immediately by Forziani.com in the case of cancelling or blocking the Gift Card.


5.1 Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code.


5.2 Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of Forziani.com, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.


5.3 Forziani.com cannot be held responsible for any fraudulent or non-authorised uses of promotion codes.


5.4 Forziani.com reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by Forziani.com in the case of cancelling or blocking the promotion code.

 We store your order data. If you wish to print your order, you may do so by printing out an “acknowledgment of receipt”. It will appear on your screen once you have submitted your order to us by clicking the “submit order” button and your credit card details have been verified.

5.5 Any Promotions codes, such as but not limited to the WELCOME 20%off, will not be allowed from Nov 21, 2016 12am EST till Nov 29, 2016 2:59pm EST. No additional discount can be applied during this period. Discount during this period will be valid on in-stock items only. Rainchecks due to limited stock will not be given and we hold the right to limit the quantity of any order to (1) per person as we see fit. We hold the right to refuse any price match requests for any purchase made before or after this period of time. 


In addition you will receive an e-mail order confirmation stating all details entered, which may be printed out as well.

 19. Survival of Terms after Agreement ends: Notwithstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

 20. General: If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Forziani may offer special promotional offers which may or may not apply to your Forziani account. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and Forziani will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Forziani agree to submit to the personal jurisdiction of the federal and state courts located in the Orange County in the State of Florida with respect to any legal proceedings that may arise in connection with these TOS. The failure of Forziani to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Forziani does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and Forziani and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and Forziani with respect to the Site or Service.

 21. Children: Forziani does not sell products for purchase by children. If you are under 18, you may use Forziani only with the involvement of a parent or guardian.

Website Terms of Use

Forziani grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Forziani. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Forziani and its affiliates without express written consent. You may not use any meta tags or any other ‘hidden text’ utilizing Forziani's or its affiliates' names or trademarks without the express written consent of Forziani or those third parties. Any unauthorized use terminates the permission or license granted by Forziani.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Forziani as long as the link does not portray Forziani, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Forziani logo or other proprietary graphic or trademark as part of the link without our express written consent.

Copyright and Database rights

All content included on the website, such as text, graphics, logos, button icons, images and software, is the property of Forziani or its subsidiaries (collectively Forziani or Forziani.com), its affiliates or its content suppliers and is protected by USA, European Union and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Forziani and its affiliates and is protected by USA, European Union and international copyright and database right laws. All software used on this website is the property of Forziani, our affiliates or our software suppliers and is protected by USA, European Union and international copyright laws.

You may not systematically extract and/or re-utilize parts of the contents of the website without Forziani's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this website, without Forziani's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Forziani's express written consent.

Third Party Trademarks, Logos and Intellectual Prpoerty Rights

 The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Forziani and other third parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Forziani or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.

 Forziani respects the intellectual property of others, and we ask our users to do the same. Forziani may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Forziani;s Copyright Agent the following information:

  •   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  •  A description of the copyrighted work or other intellectual property that you claim has been infringed
  •  A description of where the material that you claim is infringing is located on the Site
  •  Your address, telephone number, and email address
  •  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  •  A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. 

 

 

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