termes et conditions

TERMS OF SERVICE

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OVERVIEW

This website is operated by FoxDropStore. Throughout the site, the terms “we”, “us” and “our” refer to FoxDropStore. FoxDropStore 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 those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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, then 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 which are added to the current store shall also be subject to the 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 to update, change 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 changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store 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 STORE TERMS

By agreeing to 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 you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your 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 (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or 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 by us.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if 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 the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for 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 to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

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 according to our Return Policy.

In the event of a customer-initiated cancellation of a pre-order, a cancellation fee of 10% of the total order amount will be applied. This fee covers handling, reservation, and potential losses resulting from the cancellation. By placing a pre-order, the customer explicitly agrees to this condition

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the 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 that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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 any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - PRE-ORDERS 

By placing an order through the FOXDROP S.R.L. website, WhatsApp, or any other platform or sales channel operated by or affiliated with FOXDROP S.R.L., the Customer automatically acknowledges and accepts the Terms and Conditions set forth below

1. Definition and Acceptance of Pre-Orders

A "Pre-Order" refers to the purchase of a product that is not immediately available for shipment and is expected to become available at a future date.

By placing a Pre-Order, the Customer acknowledges and accepts that FOXDROP S.R.L. may commit financial resources in advance to secure the ordered products, including making advance payments to suppliers, reserving inventory and allocating specific quantities exclusively to the Customer.

Pre-Orders are subject to these Terms and Conditions, with the distinctions between Business-to-Business (B2B) and Business-to-Consumer (B2C) transactions set out below.

2. Pre-Order Cancellations – B2B Customers

Pre-Orders placed by business customers acting for purposes relating to their trade, business or professional activities are considered binding contractual commitments once accepted by FOXDROP S.R.L.

Due to the advance financial commitments, supplier payments, inventory reservations and product allocations associated with Pre-Orders, B2B Customers may not unilaterally cancel an accepted Pre-Order without FOXDROP S.R.L.'s written consent.
Where a B2B Customer requests cancellation for reasons not attributable to FOXDROP S.R.L., and such cancellation is accepted or otherwise constitutes an unjustified failure to fulfil the Customer's contractual obligations, FOXDROP S.R.L. shall be entitled, to the extent permitted by applicable law, to a contractual cancellation charge equal to 15% of the total purchase price of the cancelled Pre-Order products, excluding shipping costs and applicable taxes.

This amount represents an agreed assessment of the financial commitments, administrative expenses, supplier obligations and commercial losses reasonably associated with the cancellation of a confirmed Pre-Order.

FOXDROP S.R.L. may deduct the applicable cancellation charge from amounts already paid by the Customer and refund any remaining balance.

3. Pre-Order Cancellations – B2C Customers

Pre-Orders placed by consumers are subject to the applicable mandatory consumer protection legislation, including Directive 2011/83/EU and the relevant national laws implementing it.

The placement of a Pre-Order, the reservation of inventory or the advance payment made by FOXDROP S.R.L. to its suppliers does not, by itself, exclude or restrict a consumer's statutory right of withdrawal.

Where a statutory right of withdrawal applies, the consumer may exercise that right without incurring any contractual cancellation penalty, in accordance with applicable law.

Where a consumer requests cancellation outside the scope of any applicable statutory withdrawal or termination right, FOXDROP S.R.L. may assess the request and agree on appropriate cancellation arrangements, subject to applicable consumer protection legislation.

Any cancellation charge or compensation payable by a consumer must comply with mandatory consumer protection rules and must not constitute an unfair or disproportionate contractual term.

4. Pre-order Estimate Shipping Dates

For every Pre-Order, FOXDROP S.R.L. will provide an estimated shipping date or estimated shipping period, clearly communicated on the relevant product page and/or during the ordering process before the purchase is completed.

The Customer acknowledges that estimated shipping dates are based on information available from manufacturers, distributors, suppliers and logistics providers at the time of purchase.

Such dates are estimates and may be subject to changes due to circumstances beyond FOXDROP S.R.L.'s reasonable control, including, without limitation:

- Manufacturing or production delays;

- Supplier or distributor delays;

- International transportation and logistics disruptions;

- Customs clearance or import-related delays;

- Product allocation changes by manufacturers or distributors;

- Force majeure events or other external circumstances not reasonably attributable to FOXDROP S.R.L.

5. Extended Shipping Period – Up to 120 Days

Where a Pre-Order is affected by circumstances beyond FOXDROP S.R.L.'s reasonable control, the estimated shipping date may be extended by up to 120 calendar days from the original estimated shipping date communicated to the Customer at the time of purchase.

FOXDROP S.R.L. will use reasonable efforts to inform the Customer of material delays and provide updated shipping information as soon as reasonably available.

For B2B transactions, unless otherwise expressly agreed in writing or required by mandatory applicable law, the Customer acknowledges and accepts that delays falling within this extended period shall not, by themselves, constitute a contractual breach or give rise to claims for compensation, provided that such delays are not attributable to FOXDROP S.R.L.'s fault or failure to exercise reasonable care.

This contractual extension shall not apply where the parties have expressly agreed that a particular delivery date is essential or binding.

6. Maximum Extension and Failure to Ship

The maximum contractual extension contemplated under this Section is 120 calendar days after the original estimated shipping date.

If FOXDROP S.R.L. is unable to dispatch the Pre-Order products within that period, it shall notify the Customer and offer an appropriate resolution, which may include a further delivery arrangement expressly agreed with the Customer or cancellation and reimbursement in accordance with applicable law.

SECTION 7 - RIGHT OF RETURN BUSINESS-TO-BUSINESS (B2B) TRANSACTIONS

1. Distinction Between B2C and B2B Transactions

FOXDROP S.R.L. supplies products to both individual consumers (B2C) and business customers (B2B).

For the purposes of these Terms and Conditions:

- A "Consumer" is a natural person acting for purposes outside their trade, business, craft or profession, in accordance with Article 2(1) of Directive 2011/83/EU.

- A "Business Customer" is a natural or legal person purchasing products for purposes relating to their trade, business, craft or professional activities.

The legal classification of a transaction shall be determined by the actual capacity and purpose for which the Customer enters into the contract, rather than solely by the provision of a VAT number or business registration details.

2. Statutory Right of Return – B2C Transactions

In accordance with Articles 9 to 15 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, as amended, and the relevant national implementing legislation, consumers purchasing products through distance contracts generally have the right to withdraw from the contract within 14 calendar days of receiving the goods, without providing any reason.

This right is subject to the applicable statutory conditions and exceptions, including those set out in Article 16 of Directive 2011/83/EU.

For sales governed by Italian consumer legislation, the relevant provisions include Articles 52 to 59 of Legislative Decree No. 206/2005 (Italian Consumer Code), as amended.

3. Exclusion of the 14-Day Statutory Withdrawal Right for B2B Transactions

The statutory 14-day withdrawal right established under Directive 2011/83/EU applies to qualifying consumer transactions and does not extend to purchases made by Business Customers acting within the scope of their commercial or professional activities.

Accordingly, Business Customers are not entitled to the Return 14-day consumer withdrawal period, including where the purchase is completed through the FOXDROP S.R.L. website or another distance-selling channel.

Unless otherwise expressly agreed in writing by FOXDROP S.R.L., B2B orders are binding once accepted and cannot be cancelled or returned solely on the basis of a change of mind, a change in commercial requirements or the Customer's inability to resell the purchased products.


SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to 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 the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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 at our store. 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.

For more detail, please review our Returns Policy.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the 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 tools are provided by the relevant third-party provider(s).

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 shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites 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 websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully 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 should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but 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 violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 12 - 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 prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant 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 from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) 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.
In no case shall FoxDropStore, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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.
Because some states or jurisdictions do not allow the exclusion or the 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 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless FoxDropStore 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 16 - SEVERABILITY

In the event that any provision of these Terms 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - 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 either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease 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 also may 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 accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us 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 respect to The Service constitutes 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 ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - 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 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms 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 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 acceptance of those changes.