Terms of service

OVERVIEW

Welcome to MountainCarto! The terms "we", "us", and "our" refer to MountainCarto. MountainCarto operates this store and website, including the information, content, features, tools, products, and services, in order to provide you, the customer, with a satisfying shopping experience (the “Services”). MountainCarto is supported by Shopify, which enables us to deliver the Services to you.

The terms and conditions below, along with any related policies ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

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

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

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you confirm that you are of legal age in your state or province of residence, and that you have given us your consent to allow any minors under your responsibility to use the Services on devices you own, have purchased, or manage.

To use the Services — including accessing or browsing our online store or purchasing products and services 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 to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are responsible for all activity that occurs under your account and for keeping your account credentials secure. You must not transfer, sell, assign, or license your account to anyone else.

SECTION 2 – OUR PRODUCTS

We strive to provide an accurate presentation of our products and services in our online store. However, the display of colors and appearance of the products may vary depending on the type of device you use to access the store, as well as your device's settings and configuration.

We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or will be identical to what is described or shown in our online store.

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 to limit the quantities of products offered to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. MountainCarto reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until MountainCarto accepts it. Before accepting an order, we must receive and process the payment. Please review your order carefully before submitting it, as MountainCarto may not be able to accommodate cancellation requests after acceptance. If an order is rejected, modified, or canceled, we will notify you using the email, billing address, and/or phone number you provided at the time of order submission.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that you are purchasing for personal or household use only and not for resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and offers 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 placed and will be reflected in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, or shipping, handling, and import fees.
Prices listed on our online stores may differ from prices offered in physical stores, other online platforms, or third-party sellers. From time to time, we may run promotional offers that affect pricing and are subject to terms and conditions separate from these Terms. In the event of any conflict between the terms of a promotion and these Terms, the promotional terms shall prevail.
For all purchases made through our stores, you agree to provide current, complete, and accurate 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 truthful, accurate, and complete; (ii) you are authorized to use the credit card for purchases; (iii) charges incurred will be honored by your credit card company; and (iv) you will pay all charges incurred at the posted prices, including applicable shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are handed over to the shipping carrier, ownership and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including but not limited to trademarks, branding, text, visuals, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement—are the property of MountainCarto, its affiliates, or licensors, and are protected by U.S. and international patent, copyright, and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material from the Services without our written consent. Except as expressly stated, these Terms do not grant or imply any license or other rights to you under any MountainCarto, Shopify, or third-party patent, trademark, copyright, or other intellectual property. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by MountainCarto.
The names, logos, product and service names, designs, and slogans of MountainCarto are trademarks of MountainCarto or its affiliates or licensors. You must not use such trademarks without prior written permission from MountainCarto. The names, logos, product and service names, designs, and slogans of Shopify 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 be granted access to customer tools provided by third parties 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 endorsement. We shall have no liability whatsoever 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 of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, 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 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 you choose to access. If you choose 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 available on such websites. Please review and understand the third party’s policies and practices before you engage in any transaction. Any complaints, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
MountainCarto is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made through our Store are directly between you and MountainCarto. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and MountainCarto, including any injuries, damages, or losses resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions made with MountainCarto.

SECTION 10 – PRIVACY POLICY
All personal data collected through the Services is subject to our Privacy Policy, and certain personal data may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read the aforementioned privacy policies.
As the provider supporting the Services, Shopify collects and processes personal data related to your access to and use of the Services to provide and improve the Services for you. In order to offer and enhance the Services, the data you submit may be transmitted to and shared with Shopify and third parties that may be located in countries different from yours. Please refer to our Privacy Policy for more information about 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, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback by any means for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, assess, improve, enhance, and promote the Services, and to fulfill obligations and exercise rights as outlined in these Terms of Service.
You also confirm and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and shall not be obligated to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
Although we are not obligated to do so, we may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. 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, information related to the Services or included in them may contain 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 Services 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, for: (a) any unlawful or malicious purpose; (b) violating any applicable local, provincial, state, federal, or international law, regulation, rule, or ordinance; (c) infringing upon or violating our intellectual property rights or the rights of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against our employees or any other person; (e) submitting false or misleading information; (f) uploading, downloading, using, or reusing material that does not comply with these Terms; (g) transmitting or procuring the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) impersonating or attempting to impersonate another person or entity; or (i) engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which we determine may harm MountainCarto, 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 could 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 data 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 believe you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part of them) at any time at our sole discretion and without prior notice; you will remain liable for all amounts due up to and including 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 which by its nature should survive termination.

SECTION 15 - WARRANTY LIMITATION
The information presented in the Services or through them is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. You rely on such information entirely at your own risk. We assume no responsibility for any reliance placed on these materials by you, by any visitor to the Services, or by anyone who may be informed of such contents.
EXCEPT AS EXPRESSLY STATED BY MountainCarto, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MountainCarto, ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS (INCLUDING 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 BUT NOT LIMITED TO 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 THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MountainCarto, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable legal fees incurred by any third party as a result of: (1) your breach of these Terms of Service or any documents incorporated herein, (2) your violation of any laws or third-party rights, (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that any delay in notification does not relieve you of your obligations unless you are materially prejudiced. We may assume the defense and settlement of such claim at your expense, including selecting counsel, but we will not settle claims requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of unresolved claims, including by providing relevant documentation.

SECTION 18 - SEVERABILITY
If any provision of these Terms 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 of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Shopify's 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 Services constitute the entire agreement and understanding between you and us, and govern your use of the Services, 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 ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent; any attempted assignment without such consent shall be void and of no effect. We may transfer, assign, or delegate these Terms and our rights and obligations thereunder without notice to you or your consent.

SECTION 21 - 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 the federal, state or territorial courts in the jurisdiction where MountainCarto is headquartered. You and MountainCarto consent to venue and personal jurisdiction in the aforementioned 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 OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change 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. We will notify you of material changes to these Terms in accordance with applicable laws, and such changes will become effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to marco@mountaincarto.com.
Our contact details are as follows:

Marco Barbieri
marco@mountaincarto.com
Via Filippo Brunelleschi, 25
+39 347 6830313
VAT Number IT06366160486