Last Updated: September 27, 2023
Welcome to the website of Cavello Sport (“Cavello Sport”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your use of cavellosport.com (the “Site”) and any related services provided by Cavello Sport (collectively referred to as the “Services”).
Please read these Terms carefully before using the Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use the Site or Services.
Use of the Site and Services You must be at least 18 years old or the legal age of majority where you live to use the Site or Services. If you are under 18 or the applicable legal age of majority, you may only use the Site and Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Subject to your compliance with these Terms, Cavello Sport grants you a limited, personal, non-exclusive, non-transferable, and revocable license to use the Site and Services. You may print pages from the Site for your own personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the Site or Materials to anyone without Cavello Sport’s express prior written consent.
To purchase products available on the Site, you must create an account and provide complete and accurate registration information. You are responsible for keeping your account secure and you are fully responsible for all activities under your account. You agree to immediately notify Cavello Sport of any unauthorized use of your account.
Intellectual Property The content on the Site and Services, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (“Materials”), and the trademarks, service marks and logos contained therein (“Marks”), are the property of Cavello Sport and/or its licensors and may be protected by applicable copyright or other intellectual property laws.
The Site may contain Materials owned or controlled by third parties. The use of such Materials may be subject to separate terms between you and the third party.
You may access, view and print Materials available on the Site for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Materials without Cavello Sport’s express prior written consent. You may not access or use the Site or Materials in any way that violates applicable law. Unauthorized use of the Site or Materials may violate copyright, trademark and other laws.
User Content You are solely responsible for any content, information, photos, profiles, messages, notes, text, files, video, list of friends, and any other materials that you upload, publish or display on or through the Services (“User Content”). You represent and warrant that your User Content is original to you and that you exclusively own the rights to such content.
By posting User Content, you grant Cavello Sport a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, copy, display, distribute, reformat, translate, and promote such User Content for any purpose in any medium. Cavello Sport does not endorse or approve, and makes no representation or warranty regarding, any User Content. Cavello Sport may remove or modify User Content at any time without notice.
User Conduct As a condition of your use of the Services, you agree not to use the Services:
Cavello Sport may terminate your account and prohibit you from using the Services for any reason at its discretion, including your violation of these Terms.
Purchases and Payments You may purchase physical products or digital content through the Services. By ordering products, you agree to pay the prices displayed, all associated taxes and fees, and any shipping and handling charges. Cavello Sport uses ECWID and third-party payment processors to fulfill orders. All payment information provided through the Services is handled by these providers and we do not store your financial information.
Refunds for defective or damaged products may be requested within 14 days after you receive the shipment. Digital content sales are final and non-refundable. We reserve the right to issue refunds or replacements at our sole discretion. If we initiate a refund, it may take 3-5 business days for the refund transaction to process through the payment provider.
Modifications Cavello Sport reserves the right to modify these Terms by posting revised Terms on the Site. Your continued use of the Site or Services constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services.
Disclaimers THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CAVELLO SPORT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. CAVELLO SPORT DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK.
Limitation of Liability CAVELLO SPORT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF CAVELLO SPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OF OR INABILITY TO USE THE SERVICES OR MATERIALS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDER OR OTHER THIRD PARTY THROUGH THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILTIY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
IN NO EVENT SHALL CAVELLO SPORT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO CAVELLO SPORT FOR ACCESS TO AND USE OF THE SERVICES OR $100 (WHICHEVER IS LESS).
Governing Law These Terms and your access to and use of the Site and Services will be governed by and construed and enforced in accordance with the laws of the United Kingdom. Any disputes shall be resolved exclusively in the courts located in the United Kingdom.
Termination Cavello Sport reserves the right to terminate your access to the Site and Services at any time and for any reason. The following sections will survive termination: Intellectual Property, Disclaimers, Indemnification, Limitation of Liability, and General Terms.
General Terms
If any provision of these Terms is held to be invalid or unenforceable, it shall be struck from the Terms and the remaining provisions enforced. The failure of Cavello Sport to exercise or enforce any rights or provisions in these Terms does not constitute a waiver of such right or provision. You agree that any cause of action arising from your use of the Site or Services must be commenced within 6 months after the cause of action arises. The Terms constitute the entire agreement between you and Cavello Sport with respect to the subject matter, superseding any prior or contemporaneous agreements, proposals, and communications.
