OVERVIEW
This website is operated by Collection XIIX, Ltd, DiFerdinando™, and DDW Creative LLC.
Throughout the site, the terms “DiFerdinando,” “we,” “us,” and “our” refer to Collection
XIIX. Ltd., DiFerdinando™, and DDW Creative LLC. We offer this website, including all
information, tools, and services available from this site (the “Service”) to you, the user,
conditioned upon your acceptance of all terms, conditions, policies, and notices set forth here.
By visiting our Site and/or purchasing something from us, you agree to be bound by these
Terms of Service (“Terms”), including any additional terms and policies referenced here or
linked on the Site. These Terms apply to all users of the Site, including browsers, customers,
vendors, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. If you do
not agree to all of the Terms, you may not access the Site or use any Services.
Any new features or tools added to the current store will also be subject to these Terms of
Service. We may update or modify these Terms from time to time by posting changes on this
page. Your continued use of the Site following any changes means you accept the updated
Terms.
Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform
that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, 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 and have given us your consent to
allow any minor dependents to use this Site.
You may not use our products or Services for any unlawful or unauthorized purpose, and you
may not violate any laws in your jurisdiction (including copyright and intellectual property laws).
You must not transmit any viruses, malicious code, or harmful content.
A breach of any of these Terms may result in immediate termination of your access to the
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 (excluding credit card information) may be transferred
unencrypted and involve transmissions over various networks or changes to conform to
technical requirements of connecting systems. Credit card information is always encrypted
during transmission 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 without our express written permission.
Section headings in these Terms are included for convenience only and do not limit or affect the
meaning of any provision.
SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We do our best to ensure information on the Site is accurate and current, but we do not
guarantee that all information is error-free, complete, or up to date.
Content on the Site is provided for general informational purposes and should not be your sole
basis for decision-making without consulting more accurate, complete, or timely sources. Any
reliance on the material on this Site is at your own risk.
The Site may include certain historical information, which is not current and is provided only for
reference. We may modify the contents of the Site at any time, but we are not obligated to
update any information. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 – MODIFICATIONS TO THE SERVICE & PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content) at any time,
without notice.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuation of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These
products or services may have limited quantities and are subject to our Returns & Exchanges
Policy.
We make every effort to display the colors and details of our products as accurately as possible.
We cannot guarantee that your device’s display of any color will be exact.
We reserve the right—but are not obligated—to limit sales of our products or Services to any
person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis.
We may limit quantities of products or Services offered. All product descriptions and pricing are
subject to change at any time, without notice, at our sole discretion. We may discontinue any
product at any time.
We do not warrant that the quality of any products, Services, or information purchased or
obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit
or cancel quantities purchased per person, per household, or per order. These limits may apply
to orders placed under the same customer account, using the same payment method, or with
the same billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email, billing
address, or phone number provided at the time the order was placed. We reserve the right to
restrict or refuse orders that, in our judgment, appear to be placed by dealers, resellers, or
distributors.
You agree to provide current, complete, and accurate purchase and account information for all
transactions made at our store, and to promptly update your account information (including
email address and payment details) so we can complete your transactions and contact you as
needed.
For more details, please review our Returns & Exchanges Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to tools or features from third-party providers that we do not
monitor or control.
You acknowledge and agree that such tools are provided on an “as is” and “as available” basis,
without any warranties, representations, or conditions of any kind, and without endorsement.
We are not liable for any issues arising from or related to your use of optional third-party tools.
Any use 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 on which such tools are
provided by the relevant third parties.
We may also offer new services or features in the future (including new tools and resources).
These will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, or services available via our Service may include materials from third
parties.
Third-party links on this Site may direct you to websites that are not affiliated with us. We are not
responsible for examining or evaluating their content or accuracy and do not warrant or assume
liability for any third-party materials, websites, products, or services.
We are not liable for any harm or damages related to purchases or use of goods, services,
content, or any other transactions connected with third-party websites. Please review third-party
policies and practices carefully, and ensure you understand them before engaging in any
transaction. Complaints or questions regarding third-party products should be directed to the
third party.
SECTION 9 – USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If, at our request, you send submissions (for example, contest entries), or if you send creative
ideas, suggestions, proposals, plans, or other materials without a request from us (collectively
“comments”), you agree that we may, at any time and without restriction, edit, copy, publish,
distribute, translate, or otherwise use in any medium any comments you provide.
We are under no obligation to:
(1) maintain comments in confidence;
(2) pay compensation for comments; or
(3) respond to any comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole
discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise
objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any rights of third parties, including copyright,
trademark, privacy, or other personal or proprietary rights. You also agree that your comments
will not contain unlawful, abusive, or obscene material, or any malware or code that could affect
the operation of the Service or any related website.
You may not use a false email address or pretend to be someone else. You are solely
responsible for the comments you make and their accuracy. We assume no responsibility for
comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy,
which can be found on our website.
SECTION 11 – ERRORS, INACCURACIES & OMISSIONS
From time to time, information on our Site or within the Service may contain typographical
errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers,
shipping charges, transit times, or availability. We are not liable for any actions taken on
account of such errors, inaccuracies or omissions.
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 the Site is inaccurate at any
time, without prior notice (including after you have submitted your order).
We are not obligated to update or clarify information in the Service or on any related website,
except as required by law. No specific update or refresh date should be taken to indicate that all
information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set out in these 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 unlawful acts;
(c) to violate any applicable laws or regulations;
(d) to infringe upon our intellectual property or the intellectual property of others;
(e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track 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 security features of the Service or any related website.
We reserve the right to terminate your use of the Service or the Site for violating any prohibited
uses and hold you liable for any failure to comply with all prohibitions.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the 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 we may suspend or discontinue the Service at any time, without notice.
You expressly agree that your use of the Service is at your sole risk. The Service and all
products and services delivered to you through the Service are provided “as is” and “as
available,” without any representation or warranties of any kind, either express or implied,
including implied warranties of merchantability, fitness for a particular purpose, durability, title,
and non-infringement. Title to all goods shipped passes to you when they leave our premises.
We will have no responsibility or liability for any claims against the shipper on account of loss,
delay or damage to goods during shipment.
In no event shall DiFerdinando™, its parent, affiliates, officers, directors, employees,
agents, contractors, suppliers, or service providers be liable for any indirect, incidental,
special, or consequential damages, including lost profits, revenue, data, or replacement costs,
arising from your use of the Service or any products purchased via the Service. In any action
brought on account of such use or such products purchased damages shall be limited to the
amount paid to us prior to the commencement of such action. Any such action must be validly
commenced no later than six months from the date your order was placed.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential
or incidental damages, our liability shall be limited to the maximum extent permitted by law in
those jurisdictions.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DiFerdinando™, its parent, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and
employees from any claim or demand, including reasonable attorneys’ fees, arising out of your
breach of these Terms or violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, that provision
shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be
deemed severed. This shall not affect the validity or enforceability of any remaining provisions.
SECTION 16 – TERMINATION
These Terms remain in effect unless and until terminated by us in writing.
You may terminate these Terms at any time by notifying us that you no longer wish to use our
Services or when you stop using the Site.
If, in our judgment, you fail to comply with any provision of these Terms, we 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.
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service, together with any policies or rules posted on the Site, constitute the
entire agreement between you and us and govern your use of the Service. They supersede any
prior agreements, communications, or proposals, whether written or oral.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting
party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any disputes arising out of or related to your use of the Site or
Services shall be governed by and construed in accordance with the laws of the State of New
York, United States, without regard to conflict of law principles.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update or change any part of these Terms by
posting updates to our website. Your continued use of the Site or the Service after any changes
are posted constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
customercare@shopdiferdinando.com
