Terms of service

OVERVIEW

Welcome to Rock Tunnel Store! Our store operates this store and website, including the information, content, features, tools, products, and services, in order to provide you—the customer—with an appropriate shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services.

The following terms and conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas 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. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are of legal age in the state or province where you reside and that you have given us consent to allow any minors under your responsibility 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 products and services we offer, you may be required to provide certain information such as email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you hold all rights necessary to provide such information.
You are responsible for activity on your account and for safeguarding your account credentials. You must not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made efforts to present our products and services accurately in our online stores. However, the display of product colors and appearance may vary depending on the device you use to access the store and its settings/configuration.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.
All product descriptions are subject to change at any time without notice and at our discretion. We reserve the right to discontinue any product at any time and to limit quantities offered from time to time to any person, geographic area, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you submit an offer to purchase. Rock Tunnel Store reserves the right, at its discretion, to accept or reject your order for any reason. Your order is not confirmed until we acknowledge acceptance. We must receive and process payment before accepting an order. Please review your order carefully before submission, as we may be unable to accommodate cancellation requests after acceptance. In case of rejection, modification, or cancellation of an order, we will notify you using the email, billing address, and/or phone number you provided when placing the order.
Your purchases are eligible for return or exchange only in accordance with our Refund Policy.
You represent and warrant that you are purchasing for personal or household use and not for resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and offers 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 submitted and will be set out in your order confirmation email. Unless otherwise specified, published prices exclude taxes and any customs duties, shipping, handling, and import costs.
Prices in our online stores may differ from prices offered in physical stores or online or in third-party stores. From time to time we may run promotions affecting prices that are subject to terms separate from these Terms. In the event of a conflict, the promotion terms prevail.
For all purchases, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including email address and credit card numbers/expiration dates, to enable us to complete transactions and contact you as needed.
You represent and warrant that (I) the credit card details you provide are true, correct, and complete; (II) you are authorized to use such card; (III) charges incurred by you will be honored by your card company; and (IV) you will pay charges at the posted prices, including applicable shipping/handling and taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays attributable to carriers, customs procedures, or events beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, texts, visuals, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are the property of Rock Tunnel Store, its affiliates, or licensors and are protected by Italian, European, and international patent, copyright, and intellectual property laws.

These Terms allow you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit any material related to the Services without our written consent. Except as expressly stated herein, these Terms do not grant any license or rights to patents, trademarks, copyrights, or other intellectual property of Rock Tunnel Store or third parties. Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Rock Tunnel Store.

The names, logos, product and service names, designs, and slogans of Rock Tunnel Store are trademarks of Rock Tunnel Store or its affiliates or licensors. You may not use such trademarks without Rock Tunnel Store’s prior written authorization.

The names, logos, trademarks, and content related to Pokémon are registered trademarks of Nintendo, Creatures Inc., and GAME FREAK Inc., managed by The Pokémon Company. Rock Tunnel Store is not affiliated with, sponsored, or endorsed by The Pokémon Company, Nintendo, Creatures Inc., or GAME FREAK Inc. The sale of products is intended exclusively for legitimate resale and collection purposes.

All other names, logos, products, services, designs, and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to customer-facing tools offered by third parties as part of the Services, which we do not monitor, control, or input. You understand and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of such tools is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms on which the relevant third-party providers supply those tools.
We may in the future offer new features through the Services (including the release of new tools and resources). Such new features shall be considered part of the Services and subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or sites, you do so at your own risk.
We are not liable for any problems or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party sites. Please read the applicable third-party policies and practices carefully and ensure you understand them before engaging in any transaction. Any complaints, concerns, or questions regarding third-party products and services should be directed to those third parties.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Our store is hosted by Shopify, which enables us to provide the Services. However, sales and purchases you make in our Store occur directly between you and Rock Tunnel Store. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and Rock Tunnel Store, including any injuries, damages, or losses arising from your purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with Rock Tunnel Store.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy available here, and certain personal data may be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm you have read those privacy policies.
Because Shopify powers the Services, it collects and processes personal data related to your access to and use of the Services to provide and improve the Services for you. To provide and improve the Services, data you submit to the Services will be transmitted to and shared with Shopify and third parties that may reside in countries other than your own. See our Privacy Policy for more information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback by any means for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services and to perform our obligations and exercise our rights under these Terms.
You further confirm and agree that: (I) you own the necessary rights in all Feedback; (II) you have disclosed any rewards or incentives received for submitting Feedback; and (III) your Feedback complies with these Terms. We are under no obligation to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
Although we have no obligation, we may monitor, edit, or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or violates intellectual property or these Terms.
You confirm that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right. You also confirm that your Feedback will not include defamatory or otherwise unlawful, abusive, or obscene material, or contain viruses or other malware that could affect the operation of the Services or any linked website. You must not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you post and its accuracy. We assume no responsibility for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on or related to the Services may contain 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 is inaccurate at any time without prior notice (including after you have submitted an order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly, to: (a) engage in unlawful or malicious purposes; (b) violate local, provincial, state, federal, or international rules, regulations, laws, or ordinances; (c) infringe upon or violate our intellectual property rights or those of others; (d) harass, oppress, insult, harm, defame, slander, disparage, intimidate, or offend our employees or any other person; (e) submit false or misleading information; (f) send, receive, upload, download, use, or re-use material that does not comply with these Terms; (g) transmit or procure the sending of any advertising or promotional materials, including “junk mail,” “chain letters,” “spam,” or other similar solicitations; (h) impersonate or attempt to impersonate another person or entity; (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which we determine to be harmful to Rock Tunnel Store, Shopify, or users of the Services or exposes them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may 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 data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or suspend your access to the Services (or any part thereof) at any time, at our discretion and without notice; you will remain responsible for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive.

SECTION 15 – WARRANTY DISCLAIMER

Information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Your reliance on such information is strictly at your own risk. We disclaim any responsibility for reliance placed on such materials by you, any visitor to the Services, or anyone who may be informed of its contents.
EXCEPT AS EXPRESSLY STATED BY ROCK TUNNEL STORE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROCK TUNNEL STORE, OR THE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS OF US OR OF 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES; OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, 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 SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rock Tunnel Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate; (2) your violation of any law or the rights of a third party; (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle claims requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of non-indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

The failure of Shopify to exercise or enforce any right or provision of these Terms 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 Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or your consent.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the courts—federal, state, or territorial—having jurisdiction where Rock Tunnel Store is established. You and Rock Tunnel Store consent to venue and personal jurisdiction in such courts.

SECTION 22 – HEADINGS

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

SECTION 23 – CHANGES 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, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will take effect as of the date stated in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 – CONTACT

Questions about the Terms of Service should be sent to info@rocktunnelstore.com
Our contact details are as follows:
ROCK TUNNEL STORE di P.F.
info@rocktunnelstore.com

Address: via Costanzo Soletti 8, Castel Mella (BS), 25030, Italy
VAT/Partita IVA: IT04547950982