Terms and conditions

TERMS AND CONDITIONS OF SERVICE
OVERVIEW
This website is operated by Be smart. Throughout the site, the terms "we", "us" and "our" refer to Be smart. Be smart offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including such additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, suppliers, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current shop will also be subject to the Terms of Service. You may review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

Our shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE SHOP TERMS
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor employees to use this site.
You may not use our products for illegal or unauthorised purposes nor, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of the Services.


SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of the networks or connecting devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. 
Any reliance on material on this site is at your own risk.
This site may contain some historical information. Historical information is necessarily out of date and is provided for reference only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - SERVICE CHANGES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in shop.
We cannot guarantee that the display of any colour on your computer monitor will be accurate.
We reserve the right, but are not obliged, to restrict sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of products, services, information or other materials purchased or obtained from you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, at our sole discretion, restrict or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

For more details, see our Return Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability arising out of or relating 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 on which the tools are provided by the relevant third party providers.
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.

Third party links on this site may direct you to third party Web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Web sites or for any other materials, products, or services of third parties.
We are not responsible for any damages or harm related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please review the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (such as contest entries) or without our request, you submit creative ideas, suggestions, proposals, plans, or other materials, online, by e-mail, regular mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use in any medium the comments you submit to us. We are not, and shall have no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but shall have no obligation to monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or infringing of any party's intellectual property or these Terms of Service.
You agree that your comments do not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.
You further agreeyour comments will not contain defamatory or otherwise unlawful, offensive or obscene material, nor will they contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility or liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION
The submission of personal information via the shop is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order) .
We assume no obligation to update, change or clarify any information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or update date applied in the Service or on any related website shall be deemed to indicate that any information in the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you may not use the Site or its contents (a) for illegal purposes; (b) to solicit others to perform or participate in unlawful acts; (c) violate local international, federal, provincial or state regulations, rules, laws or ordinances; (d) violate or infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) provide false or misleading information (g) to upload or transmit viruses or any other harmful code that will or may be used in any way that affects the functionality or operation of the Service or any related websites, other websites, or the Internet; (h) to harvest or track the personal information of others; (i) for spamming, phishing, pharm, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violation of any of these prohibited uses.


SECTION 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may from time to time remove the service for indefinite periods of time or cancel the service at any time without notice.
You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services provided to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your 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.
Under no circumstances shall Be smart our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost savings, lost data, replacement costs, or other similar damages, whether based on contract, tort (including negligence) strict liability, or otherwise, arising out of your use of any service or any product procured through use of the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of the possibility thereof. If some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold Be smart and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is held to be illegal, invalid or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by telling us that you no longer wish to use our Services or when you stop using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due. up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

SECTION 17 - 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 of Service and any policies 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, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the editorial party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy.

SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You may review the most recent 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 to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to besmartitaly@gmail.com.