TERMS OF SERVICE
Welcome to the LorenzoUomo.com, LTD (herein after referred to as “Lorenzo Uomo” or “We” or “Us” or “Our”) website (the “Site”). These Terms of Service apply to our Site, mobile applications and related services (collectively, the “Services”). By using the Services you become a “User” and in doing so you acknowledge that you have read and understood, and agree to be bound by, these Terms of Service. If you do not agree to be bound by these Terms of Service you should not use the Services.
Lorenzo Uomo, at its sole discretion, reserves the right to change or modify these Terms of Service at any time and without prior notification. It is your responsibility to check these Terms of Service for changes prior to use of the Services, and in any event, your continued use of the Services following the posting of changes to these Terms of Service constitutes your acceptance of any changes.
Some parts of the Site may have additional terms, guidelines and/or rules, and if you use the Site, those additional terms, guidelines and rules will also apply.
DESCRIPTION OF SERVICES
Lorenzo Uomo is an online retailer of Shirts, Hosiery and Underwear. Users may establish an account that permits the purchase of our products. Some promotions may only be available to Users that have previously established an account.
USE OF THE SERVICES
Ownership. The Services and all content available through the Services (including all intellectual property of any nature, whether registered or unregistered, including all text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by Lorenzo Uomo and its affiliates, and their respective licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained within the Services. The “Lorenzo Uomo” trademark and all other Lorenzo Uomo related marks and logos, whether registered or not registered, displayed via the Services, as well as the domain name "Lorenzouomo.com," are and will remain the exclusive property of Lorenzo Uomo. Any reproduction, distribution, transmission, modification or use of any Lorenzo Uomo trademark for any purpose is prohibited. You may not remove any copyright, trademark or other proprietary notice contained in the Services or any content contained therein.
Limited License. Subject to the terms and conditions of these Terms of Service, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying them via your internet browser or device only for the purpose of shopping for personal items sold via the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms of Service shall immediately revoke the license granted in this paragraph without notice to you.
Use Restrictions. You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Lorenzo Uomo or others. Notwithstanding any other rights or restrictions in these Terms of Service, you may not use the Services to: (i) transmit via or through the Services any information, data, text, images, files, links or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us; (ii) introduce to our Site or mobile applications or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person, including but not limited to, a registered user of the Services or an employee of Lorenzo Uomo; (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (vi) misrepresent the identity of a user or use a false e-mail address; (vii) tamper with or obtain access to our Site or mobile applications or any component of any of them; (viii) conduct fraudulent activities; or (ix) collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
If you would like to request authorization to use the materials or content on the Services, please contact us at: firstname.lastname@example.org
User Content. “User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By making any User Content available through the Services you hereby grant to Lorenzo Uomo a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and Lorenzo Uomo’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that Lorenzo Uomo is not obligated to utilize any of the rights granted in these Terms of Service and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements or other work contained in the User Content. You are also agreeing to appoint Lorenzo Uomo as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms of Service. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Lorenzo Uomo on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
The Site may extract content from our users and customers who share photos and videos through our pages on third party sites, such as Instagram, Twitter, Pinterest, Weibo, Google+, and Facebook using Lorenzo Uomo’s brand hashtags, including #LorenzoUomo, #perfectwhiteshirt, #pws or tagging the Lorenzo Uomo account associated with the third party site (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in Lorenzo Umo’s emails, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
The pricing for all products available via the Services are in United States dollars and exclude taxes and shipping costs. [We have a currency converter on the site]. We strive to ensure all pricing information is correct. If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product.
Lorenzo Uomo uses reasonable efforts to display the products listed for sale via the Services as accurately as possible. However, Lorenzo Uomo does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free. If a product offered by Lorenzo Uomo is not as described, your sole remedy is to return it in accordance with these Terms of Service.
All offers of products as they are displayed via the Services are subject to availability. Lorenzo Uomo reserves the right to change the items offered via the Services at any time and without notice. The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly. If a product is not available for shipping promptly after your place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. Lorenzo Uomo shall not be liable if products are not in stock or otherwise not available.
When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in your selected currency at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.
RETURNS AND EXCHANGES
Unless otherwise noted, you may return or exchange any product purchased via the Services for a refund or credit pursuant to. Gift Cards are final sale and are not eligible for return. You must return any eligible item within thirty (30) calendar days of the delivery date. You must return any eligible item within forty-five (45) calendar days of the delivery date. All items for return or exchange must be in their original condition, unused, unwashed, unaltered and undamaged. Items must be in the original packaging (including, if possible, the original delivery packaging) and be accompanied by the original invoice. If, upon inspection, we deem your return item to be used, altered or otherwise damaged, it may be ineligible for refund. If you have any questions about the condition of any item you are considering returning, please contact Customer Service at email@example.com.
We want to give all our customers an opportunity to buy our products. Therefore, we do not authorize the purchase of commercial quantities of our products, and we may place limits on purchases. We may also, among other things, restrict 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. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy and any other parts of our Terms of Service.
The use of Lorenzouomo.com is free. However, the Services are not available to users under the age of 18 or to members who, at our discretion, have been suspended or removed from the Lorenzo Uomo systems. Persons under 18 years old (each a “Minor”) that would like to use our Services are required to do so under the supervision of a parent or legal guardian (who is at least 18 years old), who will be deemed to have agreed to all Terms of Service and shall be considered the party responsible for any and all of the Minor’s activity.
When purchasing products from our Services, Users may be invited to establish an “Account”. Each User with an Account (each such person, a “Member”) shall be solely responsible for any activity that is transacted through that Account. To assure the best possible service, each Member should provide up to date information that is complete and accurate in all respects as Lorenzo Uomo will not be responsible for any errors or delays that results from its the use of information that is either incorrect or outdated.
A Member’s Account should only be used by that Member. Account information should not be shared. Accordingly, each Member is solely responsible for keeping their Account and Account password secure and for any consequence resulting from the failure to do so.
A Member can always delete its Account by emailing us.
Lorenzo Uomo may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.
SITE USE AND LIMITATIONS
You cannot access or use the Site for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Lorenzo Uomo will not be monitoring the conduct of its users, it is a strict violation of these Terms of Service to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Also, you agree that no comments or other user submissions submitted by you to Site will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
CORRECTION OF SITE ERRORS
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies.
CHECKING ORDER STATUS
After an order has been processed we will send you an email confirmation with tracking information. Feel free to email us at firstname.lastname@example.org Monday through Friday, 10 a.m. to 5 p.m. ET.
RISK OF LOSS
The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
As a User of the Services, you agree to indemnify and hold Lorenzo Uomo (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of Terms of Service, your use of the Services or any activity related to your account (including negligent or wrongful conduct).
MODIFICATION/TERMINATION OF WEBSITE
Whether or not you establish an Account or if after having done so have you terminate the Account or we suspend or revoke your access to the Site or associated privileges, you are and will still be bound by your obligations under these Terms of Service, including the warranties made by you, and by the disclaimers and limitations of liability. Under no circumstance will Lorenzo Uomo be liable to you or any third-party for any termination of your access or privileges.
THIRD PARTY LINKS
To improve our Site, Lorenzo Uomo may use and promote services provided by outside third parties. However, even if the third party is affiliated with Lorenzo Uomo, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT GUARANTEES OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LORENZO UOMO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY LORENZO UOMO OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, LORENZO UOMO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LORENZO UOMO MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT OF THE SERVICES, ANY CONTENT ON THE SERVICES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LORENZO UOMO DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.
IN NO EVENT SHALL LORENZO UOMO, OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, DIVISIONS OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “RELEASEES”) BE LIABLE TO YOU, ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES, ANY CONTENT OR INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY LORENZO UOMO OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ANY RELEASEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASEES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO LORENZO UOMO IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASEES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF LORENZO UOMO. If, notwithstanding the provisions of these Terms of Service, ANY RELEASEE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the SERVICES, ANY CONTENT ON THE SERVICES OR ANY PRODUCT OR SERVICES PURCHASED THROUGH THE SERVICES, SUCH RELEASEE’s liability shall in no event exceed US$100.00.
The laws of the State of New York will govern these Terms of Service and the relationship between you and Lorenzo Uomo as if you signed these Terms of Service in New York, without regard to New York state's conflicts of laws rules. If any provisions of these Terms of Service are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms of Service.
If it turns out that any part of these Terms of Service are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms of Service constitute the entire agreement between you and Lorenzo Uomo and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Terms of Service. Any rights not expressly granted herein are reserved.
We take our commitment to customers seriously, and we'll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms of Service if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms of Service without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms of Service do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
The section and paragraph headings in these Terms of Service are for convenience only and do not affect their interpretation.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Lorenzo Uomo 85 Marcus Dr # A, Melville, NY 11747, Attn: Customer Service or by email to email@example.com. Please allow 30 days for a response.