Terms of service

Overview

Welcome to JP David Official! The terms “we”, “us” and “our” refer to JP David Official. JP David Official operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a curated shopping experience (the “Services”). JP David Official is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions set out below, together with any policies referenced herein (these “Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms and Conditions of Service carefully, as they include important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.

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

Section 1 - Access and Account

By agreeing to 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 given us your consent to allow any of your minor dependants to use the Services on devices owned, purchased or managed by you.

To use the Services, including accessing or browsing our online stores or purchasing any product or service that we offer, 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 store is accurate, current and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out under your account. You may not transfer, sell, assign or license your account to any third party.

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 note that the colors or appearance of products may differ from how they appear on your screen due to the type of device used to access the store and the settings and configurations of that device.

We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or correspond to 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 submit an offer to purchase. JP David Official reserves the right to accept or reject the order for any reason, at its own discretion. The order is not accepted until JP David Official confirms its acceptance. Payment must be received and processed before the order is accepted. Please check your order carefully before submitting it, as JP David Official may not be able to accommodate cancellation requests after the order has been accepted. If the order is not accepted, is modified or is cancelled, we will attempt to notify you by contacting you at the email address, billing address and/or telephone number provided at the time of the order.

Purchases are subject to return or exchange only in accordance with our Refund Policy.

You represent and warrant that purchases are intended for personal or household 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 indicated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping charges, handling fees, customs duties or import costs.

Prices published in our online stores may differ from prices offered in physical stores, online stores or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing 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 will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and related expiry 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, accurate and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges incurred will be honored by the credit card issuer, and (iv) the 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 delays in shipping and delivery. All delivery times are indicative only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures or events beyond our control. Once the products are transferred to the carrier, ownership and risk of loss pass to you.

Section 6 - Intellectual Property

Our Services, including, without limitation, all trademarks, brands, text, display elements, images, graphics, product reviews, video and audio, as well as their design, selection and arrangement, are owned by JP David Official, its affiliates or its licensors and are protected by U.S. and foreign laws concerning patents, copyright and other intellectual property rights.

These Terms allow you to use the Services solely for personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works of, 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 herein grants or shall be construed as granting any license or other rights in relation to patents, trademarks, copyright or other intellectual property rights of JP David Official, 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 JP David Official.

The names, logos, product and service names, designs and slogans of JP David Official are trademarks of JP David Official or its affiliates or licensors. You may not use such trademarks without the prior written consent of JP David Official. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with 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 “as is” and “as available”, without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability of any kind arising from 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 approve the terms and conditions under which such tools are provided by the relevant third-party providers.

In the future, we may also offer new features through the Services (including the release of new tools and resources). Such 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 operated by third parties (including any embedded third-party functionality). 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 sites, you do so at your own risk.

We are not responsible for any harm or damage related to accessing third-party websites or to the purchase or use of products, services, resources or content on third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging 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

JP David Official is supported by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly with JP David Official. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and JP David Official, including any damages, injuries or losses arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchases and transactions with JP David Official.

Section 10 - Privacy Policy

All personal data that we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to the provisions of Shopify’s Privacy Policy, available here. By using the Services, you declare that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted and shared with Shopify as well as with third parties that may be located in a country other than the one in which you reside, in order to provide you with the services. Please see our Privacy Policy [LINK] for more details on how we, Shopify and our partner use your personal data.

Section 11 - Feedback

If you forward, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. For example, we may exercise the rights under this license to operate, provide, evaluate, improve, enhance and promote the Services and to fulfil 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 in all Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of the Feedback; and (iii) your Feedback will comply with these Terms. We are not and shall not be under any obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, without any obligation to do so, monitor, edit or remove feedback that, in our sole discretion, we consider unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise unacceptable, or that violates the intellectual property of any party or these Terms and Conditions of Service.

You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You further agree that your Feedback will not include libelous, defamatory or otherwise unlawful, illegal or obscene content, nor contain computer viruses or other malware that could in any way affect the operation of the Services or of any related website. You may not use a false email address, pretend to be someone else or otherwise mislead us, or mislead third parties, as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility and undertake no liability for any Feedback posted by you or by third parties.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally, some information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, 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 the order has been submitted).

Section 13 - Prohibited Uses

You may access and use the Services solely for lawful purposes. You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to violate or infringe our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate or injure 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 material, including junk mail, chain letters, spam or any other similar 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 discretion, may harm JP David Official, 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 affects 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) spam, phish, pharm or pretext through the Services; (e) use robots, spiders, scraping tools, data harvesting and extraction tools, automatic devices or processes, Artificial Intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent security or authorization features, robot exclusion headers or other measures we adopt to limit access to the Services. We reserve the right to suspend, disable or terminate the 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, allow, 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 under the instruction of any person or entity and that may run on behalf of or through that person’s device, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out 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 service.

14.3 We may set 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 comes 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 obscure the fact that any access, use or interaction comes from an Agent, for example by (a) imitating human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt intended to determine whether interactions come from a human or from a computer; (iv) not bypass or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

Section 15 - Termination

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 responsible for all amounts due up to and including the date of termination.

Even in the event of termination, the following sections will continue to be valid: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which by its nature should survive termination.

Section 16 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance placed on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who may be informed of any of their contents.

EXCEPT AS EXPRESSLY STATED BY JP/David, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, FOR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION 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, THEREFORE THE WARRANTY DISCLAIMER ABOVE MAY NOT APPLY.

Section 17 - Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JP/David, 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 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 THE USE OF ANY SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM IN ANY WAY RELATED TO THE USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, 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 JP David Official, 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 third parties or arising from (1) your breach of these Terms and Conditions of Service or of the documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that any failure to give timely notice will not relieve you of your obligations unless you suffer substantial prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations without your consent, which may not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.

Section 19 - Severability

If any provision of these Terms and Conditions of Service is found 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 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 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 relation 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, without limitation, any previous 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 21 - Assignment

You may not delegate, transfer or assign this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

Section 22 - Governing Law

These Terms and Conditions of Service and any separate agreement 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 JP David Official is based. You and JP David Official consent to the venue and personal jurisdiction of such courts.

Section 23 - Headings

The headings 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 the Terms and Conditions of Service

You can review the currently effective 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 periodically check our website 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 indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about the Terms and Conditions of Service should be sent to customercare@jpdavid.it.

The following is our contact information:

PISCITELLI FOOTWEAR SRL
VIA APPIA 4 I TRAVERSA
81024 MADDALONI (CE)