Website Terms

www.shop.nobikaeyewear.com (the “Website”) is a site owned by Po-Le Optik S.r.l., via al Cotonificio 21, 28923 Trobaso (VB) Italy (“PO-LE OPTIK”) and powered by Shopify Inc. 150 Elgin Street, Suite 800, Ottawa CN K2P 104 Canada. The purpose of these Website Terms is to inform any potential user of the Website of its terms of use. Please read these Terms of Use carefully before using the Website.

Your access to and use of the Website as well as of any services provided by or through the Website is conditioned on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Website.

Acceptance of Terms

By accessing or using any part of the Website or services provided by or through the Website or by creating an account, you agree to accept and comply with this Website Terms.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time.

Contacts

For all questions relating to these Terms of Use, the products, your orders, any additional question or request for advice, you can contact our customer service in the “Contact us” section of the Website, through telephone, email or live chat, where available.

Links to Other Websites

The Website may contain links to third-party websites or services that are not owned or controlled by PO-LE OPTIK.

PO-LE OPTIK has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we 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 websites or services.

Disclaimers and Limitations of Liability

Save in case of fraud or gross negligence PO-LE OPTIK shall not be liable for any losses arising out of or in connection with the use of the website.

The Website, including, without limitation, all services, content, functions and materials, is provided “as is”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title.  We do not warrant that the Website or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the website will meet user’s requirements.

PO-LE OPTIK also assumes no responsibility, and shall not be liable for, any damages to, or viruses, worms, trojan horses or other harmful material that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the website. 

Unauthorised uses of the Website

The following uses are prohibited :

(i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website;
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(ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means;
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(iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
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(iv) use the Website or the Website’s services or features in violation of PO-LE OPTIK’s or any third party’s intellectual property or other proprietary or legal rights; or
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(v) use the Website or the Website’s services in violation of any applicable law;
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(vi) attempting (or encouraging or supporting anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content, or make unauthorized use thereof as well as obtaining or attempting to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website;
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(vii) misusing our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful;
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(viii) attempting to gain unauthorized access to our Website, the server on which the Website is stored or any server, computer or database connected to our Website.
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(ix) attacking our Website via a denial-of-service attack or a distributed denial-of-service attack, or
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(x) posting illegal, inappropriate and/or offensive content.
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In case of an unauthorised use your access to the Website may be restricted, suspended and/or terminated.

Termination

We may change, suspend or discontinue this Website at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability.

Waiver

Our failure to exercise or enforce any right or provision of these Website Terms will not constitute a waiver of such right or provision.

Intellectual Property and Trademarks

The trademark “PO-LE OPTIK”, “NOBIKA” and all trademarks, logos and service marks (the “Trademarks”) as well as the designs which appear on this Website are registered and/or unregistered PO-LE OPTIK trademarks or designs and are the exclusive property of PO-LE OPTIK. The Website, and all material, elements and content included on the Website (including drawings, designs, illustrations, photographs, text, computer code, and graphics) which appear on this Website are the exclusive property of PO-LE OPTIK and/or any of its subsidiaries or affiliates and the use by you of PO-LE OPTIK’s Trademarks or any such material, look and feel and know how, in any manner, is strictly prohibited. Nothing contained in the Website should be construed as granting by implication or otherwise, any license or right to use any Trademarks or design and/or other material displayed on this Website without the written permission of PO-LE OPTIK. You have permission to electronically copy and print hard copies of pages from this Website solely in connection with non-commercial purposes related to placing an order or shopping with the Website. Unless we give you specific permission in advance, any other use of this Website, its content and its information, are strictly prohibited.

Governing Law

The laws of Italy govern all matters arising out of or relating to these Website Terms.

Complaints

If you have a complaint regarding any form of abuse and/or any violation of these Website Terms, please contact us through the “Contact us” section of the Website.

After you fill out and submit a report, we will review it and take action if appropriate.


Copyright

(c) 2020 Po-Le Optik S.r.l. All rights reserved.

These Terms of Use are effective as of 19 May 2020.