OVERVIEW
Welcome to Fondazione Dries Van Noten! The terms “we”, “us”, and “our” refer to Fondazione Dries Van Noten. Fondazione Dries Van Noten operates this store and website, including all related information, content, features, tools, products, and services, to offer you, as a customer, a curated shopping experience (the “Services”). Fondazione Dries Van Noten is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions set forth below, together with any policies incorporated herein by reference (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover aspects 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 [LINK]. If you do not agree to all these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNTS
By accepting these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.
To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping data. You represent and warrant that all information provided in our store is accurate, current, and complete, and that you possess all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities conducted through your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 - OUR PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products and services that appear at our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device used to access the store and the device's specific settings and configurations.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match what is represented or displayed in our online stores.
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 may limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Fondazione Dries Van Noten reserves the right to accept or decline your order for any reason, in its sole discretion. An order is not accepted until Fondazione Dries Van Noten confirms its acceptance. Payment must be received and processed before an order is accepted. Please review your order carefully before submitting it, as Fondazione Dries Van Noten may not be able to accommodate cancellation requests after an order has been accepted. In the event that your order is not accepted, is modified, or is cancelled, we will endeavor to notify you by contacting the e-mail address, billing address, and/or phone number provided at the time the order was made.
Purchases are subject to return or exchange strictly in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions 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 set forth in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping and handling fees, customs duties, or import costs.
Prices published on our online stores may differ from prices offered in physical stores, other online stores, or third-party storefronts. We may offer, from time to time, promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, 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 supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for any shipping and delivery delays. All delivery times are estimated only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance procedures, or events beyond our reasonable control. Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, brands, text, display elements, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Fondazione Dries Van Noten, its affiliates, or its licensors, and are protected by United States, international, and foreign copyright, trademark, patent, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly provided herein, nothing contained in these Terms grants or shall be construed as granting any license or righting under any patent, trademark, copyright, or other intellectual property rights of Fondazione Dries Van Noten, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Fondazione Dries Van Noten.
The Fondazione Dries Van Noten names, logos, product and service names, designs, and slogans are trademarks of Fondazione Dries Van Noten or its affiliates or licensors. You must not use such marks without the prior written consent of Fondazione Dries Van Noten. Shopify’s name, logo, product and service names, designs, and slogans 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
We may provide you with access to third-party customer 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 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 features and/or services through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to third-party websites provided or operated by third parties (including any integrated third-party functionalities). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, 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 9 - RELATIONSHIP WITH SHOPIFY
Fondazione Dries Van Noten is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are conducted directly with Fondazione Dries Van Noten. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Fondazione Dries Van Noten, including any damages, injuries, or losses arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with Fondazione Dries Van Noten.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may be subject to the provisions of Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in a country other than your country of residence, for the purpose of providing the services to you. Please review our Privacy Policy [LINK] for further details on how we, Shopify, and our partners use your personal information.
SECTION 11 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable right and license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise the rights arising from such license to operate, provide, evaluate, improve, enhance, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or otherwise control all of the rights to the Feedback that you post; (ii) you have fully disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we in our sole discretion determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback 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 Feedback 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 Services 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 Feedback. You are solely responsible for any Feedback you make and their 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 there may be information on our site or in the Services 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 Services or on any related website 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 solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload, transmit, or otherwise introduce any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Fondazione Dries Van Noten, 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 will or may be used in any way that will 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 information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) use any robot, spider, scraping tool, data gathering or extraction tool, automated device or process, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
SECTION 14 - AGENTS
14.1 This section (Agent Terms) applies if you use, permit, enable, or direct an Agent to access, use, or interact with the Services. An “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf or under the instruction of any person or entity and that may execute on or through such person’s device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may establish limits, including through technical measures, on how and under what conditions an Agent may access, use, and interact with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and state the Agent's name by including the following in the request's user-agent string: “Agent/[Agent Name]”; (ii) not conceal or obscure the fact that any access, use, or interaction originates from an Agent, for example by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond truthfully to any inquiries or prompts designed to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise avoid any measure designed to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - 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).
Upon termination, the following sections shall survive: 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 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Expressly as stated by Fondazione Dries Van Noten, the services and all products delivered to you through the services 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. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no case shall Fondazione Dries Van Noten, our partners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, nor 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, 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.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fondazione Dries Van Noten, Shopify, 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, your violation of any law or the rights of a third-party, or your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that any failure to give prompt notice shall not relieve you of your obligations except to the extent you are materially prejudiced thereby. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documentation.
SECTION 19 - 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 20 - WAIVER; 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 21 - ASSIGNMENT
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent, and any attempt to do so will be null and void. We may freely assign, transfer, or delegate these Terms and our rights and obligations hereunder without your consent or notice.
SECTION 22 - 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 federal and state or territorial laws of the jurisdiction where Fondazione Dries Van Noten is established. You and Fondazione Dries Van Noten irrevocably consent to the personal jurisdiction and venue of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect as of the date specified in the notice. 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.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at webshop@fondazionedriesvannoten.org.
Our contact information is posted below:
Fondazione Dries Van Noten
info@fondazionedriesvannoten.org
San Polo 2766, 30125 VE, Italy
VAT number: IT04959950272