OVERVIEW
Welcome to Bernè Boutique! The terms "we" and "our" refer to Bernè Boutique. Bernè Boutique operates this store and website, including all information, content, features, tools, products, and services, to provide you, the customer, with an appropriate shopping experience (the "Services"). Bernè Boutique is powered by Shopify, which allows us to provide the Services to you.

The terms and conditions below, along with any policies contained herein ("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 regarding your legal rights and cover areas such as warranty limitations and liability limitations.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions of Service and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms and Conditions of Service, you represent that you are of legal age in the state or province in which you reside, and that you have provided us with consent to allow any minor dependents of yours to use the Services on devices in your possession or purchased or managed by you.
To use the Services, including accessing or browsing online stores or purchasing products and services offered by us, you may be required 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 have all necessary rights to provide such information.
Your account activity and the protection of your account credentials are your responsibility. You must not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have endeavored to offer an accurate presentation of our products and services in our online stores. However, the display of colors and product appearance may vary depending on the type of device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the 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 prior 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 for any person, geographic area, or jurisdiction from time to time.

SECTION 3 - ORDERS
When you place an order, you are submitting an offer to purchase. Bernè Boutique reserves the right to accept or reject your order at its discretion for any reason. Your order is not confirmed until Bernè Boutique confirms its acceptance. We must receive and process payment before accepting an order. Please check your order carefully before submitting it, as Bernè Boutique may not be able to fulfill requests to cancel an order after acceptance. In the event of a refusal, modification, or cancellation of an order, we will notify you by contacting you via the email, billing address, and/or phone number provided at the time the order was submitted.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK].
You represent and warrant that you are making purchases for personal or family use and not for resale or export.

SECTION 4 - PRICING AND BILLING
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time of order submission, and you will be able to view it in the order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, or shipping, handling, and import fees.
Prices published in our online stores may differ from prices offered in physical stores, other online stores, or shops managed 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 an offer and these Terms, the terms of the offer 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 expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you have authorization to use such credit card for purchases, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling fees and any other applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. 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 are transferred to the carrier, ownership and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof, are the property of Bernè Boutique, its affiliates, or licensors and are protected by United States and foreign patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create copies, publicly display or perform, republish, download, store, or transmit any material related to the Services without our written consent. Except as expressly stated, nothing in these Terms grants or may be construed as granting any license or other rights to you regarding any patent, trademark, copyright, or other intellectual property of Bernè Boutique, Shopify, or any third party. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Bernè Boutique.
Bernè Boutique names, logos, product and service names, designs, and slogans are trademarks of Bernè Boutique or its affiliates or licensors. You must not use such trademarks without the written permission of Bernè Boutique. The Shopify 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 the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may have access to third-party customer tools offered as part of the Services, which we do not monitor, control, or input.
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 whatsoever arising from or relating to your use of optional third-party tools.
Your use 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 approve of the terms on which such tools are provided by the relevant third-party providers.
We may, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also 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 operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that 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 liable 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 review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section details Shopify's relationship with your store and must not be removed or edited.]
Bernè Boutique is powered by Shopify, which allows us to provide the Services to you. However, sales and purchases you make in our Store take place directly with Bernè Boutique. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and Bernè Boutique, including any injury, 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 out of or related to purchases and transactions you make with Bernè Boutique.

SECTION 10 - PRIVACY POLICY
Any personal data we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you confirm that you have read the aforementioned privacy policies.
Because it powers the Services, Shopify collects and processes personal data related to your access and use of the Services to provide and improve the Services for you. In order to provide and improve the Services for you, the 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 refer to our Privacy Policy [LINK] 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, global, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display said Feedback through any medium for any purpose, including commercial purposes. For example, we may exercise our rights related to this license to operate, provide, evaluate, improve, enhance, and promote the Services, and to fulfill our obligations and exercise our rights as set forth in the Terms and Conditions of Service.
Furthermore, you confirm and agree that: (i) you own the necessary rights for all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
Although we are not obligated, we may monitor, edit, or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates intellectual property or these Terms and Conditions of Service.
You confirm that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, and any other personal or proprietary right. You further confirm that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, nor contain any virus or other computer malware that could affect the operation of the Services or any related website. You must not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information in or included with the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, promotions, 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 is inaccurate at any time without prior notice (including after you have submitted your order).

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) conduct any unlawful or malicious purpose; (b) violate any local, provincial, state, federal, or international regulations, rules, laws, or ordinances; (c) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or anyone else; (e) submit false or misleading information; (f) send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) transmit or procure the sending of advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) impersonate or attempt to impersonate another person or entity; (i) engage in any other conduct that restricts or inhibits anyone's use or access to the Services, or which we determine may harm Bernè Boutique, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information 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 any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or discontinue your access to the Services (or any part thereof) at any time at our discretion and without notice; you will remain liable for all amounts due up to the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature continues beyond termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any visitor to the Services, or anyone who may be informed of any of its contents. Except as expressly stated by Bernè Boutique, the Services and all products offered through them are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either 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 ensure that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions may limit or prohibit the disclaimer of implied warranties or other guarantees, so the above disclaimer may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no case shall Bernè boutique, our partners, officers, directors, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using 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 via the service, even if advised of their possibility.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bernè Boutique, Shopify and our affiliates, partners, officers, directors, agents, contractors, licensors, and service providers 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 and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that any failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any non-indemnifiable claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms and Conditions of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Shopify to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in respect to 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 and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions 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 prior written consent; any attempt to do so shall be null and void. 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 and Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state or territorial courts in the jurisdiction where Bernè Boutique is based. You and Bernè Boutique consent to venue and personal jurisdiction in such courts.

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

SECTION 23 - CHANGES TO TERMS AND CONDITIONS OF SERVICE
You can review the most current version of the Terms and Conditions of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to 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 as of the date indicated in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms and Conditions of Service should be sent to us at berne@mast.it.
Our contact information is as follows:
Berné di Maddalena Russo
berne@mast.it
Via Borfuro 12F, 24122, Bergamo (BG), Italy
035 220780 / 3338515589
P.I. 01064640160