Terms

1. Introduction

Ciao! Welcome to the Piano Pianino (the “Company,” “we,” “our”) website (“Website”). Please read the following information carefully before using this website. These are the terms, covenants, conditions, and provisions (the “Terms and Conditions”) governing your access to and use of the Company's Website, including the products or services offered or provided through the Website. If you do not accept these Terms and Conditions or you do not meet or comply with the provisions, you may not use the Website or place any orders through the Website. We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time. Please check the Terms and Conditions each time you visit the Website for the most current version and information.

2. Ownership of Materials; Intellectual Property Rights

The Website and the products, services, and content contained herein, including without limitation, Company names, product names, images, graphics, text, articles, software, codes, scripts, blogs, information about Company products or services, photos, sounds, videos, website design, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are the sole property of the Company or its licensors, and are protected by United States and international copyright, trademark and other laws (Content and Marks are collectively referred to as “Company IP”). Except for the limited licenses expressly granted to you in these Terms and Conditions, if any, the Company retains all proprietary rights to the Company IP. Without limiting the foregoing, you may not reproduce, copy, modify, display, sell, or distribute the Company IP, or use it in any other way for public or commercial purpose. This includes but is not limited to any products or images of products provided for sale by Company, or any code that the Company creates or uses to generate or display the Content or the pages making up the Website.

3. Third Party Materials

Through the Website you may come across, access, review, display, use or purchase third-party products, services, resources, Content, software, technology, materials, or information (“Third-Party Materials”). This includes products manufactured and fulfilled by third parties including but not limited to Printful. You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and Company disclaims any liability that you may incur arising from your purchase of, access to, use of, or reliance on Third-Party Materials. You also acknowledge and agree that Company: (i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services; and (ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your purchase of, access to, use of, or reliance on such Third-Party Materials. Company neither endorses nor guarantees in any way the vendors, suppliers, organizations, sponsors, authors, advertisers, partners, data, information, materials, views, recommendations, plans, or products or services offered, published, posted, uploaded, expressed, and/or promoted on the Website.

4. Terms of Sale

By placing an order for products and/or services from the Company, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, (iv) representing that you are an authorized user of the payment method provided, (v) representing that you accept and agree to these Terms and Conditions. When you submit your order, the Company must receive payment prior to fulfilling your order, and your order may not be fulfilled until we verify certain items, including without limitation your payment information.

We reserve the right to: (i) refuse any order you place with us; (ii) correct any errors, inaccuracies or omissions with regard to the products offered; (iii) change or update information in connection with any products or services offered; and (iv) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties.

All prices and products advertised, including availability of products, are subject to change. Although the Website is composed with care, it may happen that the information regarding product description or technical specification, pricing or availability on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website. If a product is out of stock, we may still be able to accept your order, but will not charge you for the product until it is back in stock and available to ship. If the price is inaccurate, we will inform you of such pricing discrepancy and await your approval of the amended price prior to continuing with the order process. The images of the products on our Website are for illustrative purposes only. Such illustrations do not guarantee that the product will have the exact appearance, color, function, or origin as show in the illustrations. Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website. Unless otherwise stated, all artwork offered for sale on this Website is unframed.

All prices displayed on the Website are quoted in US Dollars ($). Applicable taxes, fees or charges of any nature, including shipping and handling costs, sales tax, customs or duty charges, shall be added to the total amount of your purchase and will be displayed prior to checkout. The Company may offer a variety of acceptable payment methods or discounts, which may be changed from time to time in Company’s sole discretion.

The Company is not liable for any delays or non-performance caused by circumstances beyond the Company’s control, e.g., general labor dispute, third party non-performance, inability to obtain materials, supplies or products, supply chain delays, pandemic, epidemic, acts of war, fire, lightning, terrorist attacks, governmental orders, tariffs, technical problems, defects in power or computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above, or similar event (“Force Majeure Event”). In the event a Force Majeure Event lasts for more than fifteen (15) days, the Company is entitled to terminate the purchase with immediate effect.

5. DISCLAIMER OF WARRANTIES

THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO (I) THE WEBSITE, (II) THE INFORMATION CONTAINED HEREIN, AND (III) ANY PRODUCTS OR SERVICES OFFERED ON THE WEBSITE BY THE COMPANY OR ANY THIRD-PARTY EXCEPT AS EXPRESSLY SET FORTH HEREIN. SUCH WARRANTIES DISCLAIMED BY THE COMPANY INCLUDE, BUT ARE NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, EFFECTIVENESS, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, CONNECTIVITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. FURTHER, COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE, INCLUDING PERSONAL INFORMATION, OR OTHER INFORMATION PROVIDED BY YOU, WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. NO PRODUCTS (INCLUDING THIRD-PARTY PRODUCTS), SERVICES, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED TO OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. PRODUCTS ARE SOLD AS IS.

6. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES, THE INTERNET GENERALLY, THIRD-PARTY MATERIALS AND THE INFORMATION AND MATERIALS YOU ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE. SPECIFICALLY, YOU AGREE TO RELEASE THE COMPANY AND ITS MEMBERS, OWNERS, EMPLOYEES, REPRESENTATIVES, INSURERS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR AGENTS AS FOLLOWS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY AND ITS MEMBERS, OWNERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, INSURERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR AGENTS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PROPERTY DAMAGE, BODILY HARM, INJURY, OR DEATH, GOODWILL OR DAMAGES RESULTING FROM LOSS OF DATA, OR BUSINESS INTERRUPTION RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THE COMPANY OR ANY THIRD-PARTY THROUGH THE WEBSITE, OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THAT YOU MAY PLACE UPON THE WEBSITE OR ITS CONTENTS, OR THE PRODUCTS OR SERVICES OFFERED ON THE WEBSITE OR PROVIDED BY THE COMPANY AND/OR ANY THIRD-PARTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE, PRODUCT AND/OR THE WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, AND/OR PRODUCT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES GREATER THAN THE AMOUNT OF MONEY, IF ANY, THAT YOU PAID TO COMPANY FOR A PARTICULAR PRODUCT OR SERVICE.

7. Governing Law

These Terms and Conditions are governed by the laws of the State of California without respect to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including the breach, termination, or validity thereof, shall be finally resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in Santa Rosa, California. The decision of the arbitrator shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses of the arbitration, including legal fees, except as otherwise provided by the arbitrator in the final award. Otherwise, jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively within the courts situated in Sonoma County, California and you consent to the exclusive jurisdiction and venue of these courts.