Terms of service
OVERVIEW
Welcome to FACTORY268! The terms "we" and "our" refer to FACTORY268. FACTORY268 operates this store and the website factory268.com, including the information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the "Services"). FACTORY268 is powered by Shopify, which enables us to provide you with the Services.
The terms and conditions below, together with any policies contained therein ("Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty limitations and liability limitations.
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 use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you declare that you are of legal age in the state or province in which you reside, and that you have given us consent to allow any minors connected to you to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing online stores or purchasing products and services we offer, you may need to provide certain information such as email address and billing, payment, and shipping data. You declare and warrant that all information you provide in our stores is correct, up-to-date, and complete, and that you hold all necessary rights to provide such information.
Your account activity and the protection of your account credentials are your responsibility. You must not transfer, sell, assign, or license your account to other persons.
SECTION 2 - OUR PRODUCTS
We are committed to offering an accurate presentation of our digital products in our online stores. However, the performance and compatibility of digital products may vary depending on the software used, software version, and your system settings. We cannot guarantee that digital products will work in all software configurations or meet your specific project needs. It is your responsibility to verify product compatibility with your software before purchase. 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 from time to time the quantities of products offered for any person, geographic area, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. FACTORY268 reserves the right to accept or refuse your order at its discretion for any reason. Your order is not confirmed until FACTORY268 confirms its acceptance. Before accepting an order, we must receive and process payment. Please check your order carefully before submitting, as due to the digital nature of the products, FACTORY268 cannot accept cancellation requests after the download has been completed. In case of refusal, modification, or cancellation of an order, we will notify you by contacting you via the email and/or billing address you provided when submitting the order.
Your purchases are subject to refund exclusively in accordance with our Refund Policy.
You declare and warrant that you are making purchases for professional or personal use in compliance with applicable license terms and not for unauthorized resale or illegal distribution.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time of order submission, and you can view it in the order confirmation email. Unless otherwise specified, published prices do not include applicable taxes.
Prices published in our online store may differ from prices offered in other stores or platforms operated by third parties. From time to time, we may offer promotions on the Services that affect prices and are subject to terms and conditions independent of these Terms. In case of conflict between the terms of an offer and these Terms, the terms of the offer will prevail.
For all purchases made in our store, you agree to provide correct, up-to-date, and complete data related to purchase, payment, and account. You agree to immediately update your account and other information, including email address and credit card numbers and expiration dates, to enable us to complete your transactions and contact you if necessary.
You declare and warrant that (i) the credit card data you provide is truthful, correct, and complete, (ii) you have authorization to use such credit card for purchases, (iii) the charges billed to you will be fulfilled by the credit card company, and (iv) you will pay the charges billed to you according to published prices, including applicable taxes.
SECTION 5 - DIGITAL DELIVERY
Digital products purchased on FACTORY268 are available for download after manual order confirmation and fulfillment. Every order is subject to manual review prior to fulfillment in order to ensure transaction security and prevent fraudulent activity. The payment will be definitively charged only upon order confirmation, not immediately at checkout. Once the review is complete, you will receive an email with the download link for the purchased digital product. Fulfillment times are generally within 24 business hours from the time of purchase.
We are not responsible for delays or inability to access downloads caused by internet connection issues, device configurations, email filters or spam, or other events beyond our control. It is your responsibility to download and save the digital products purchased. We recommend backing up your downloaded files. FACTORY268 does not guarantee unlimited access to downloads after purchase and reserves the right to limit the number of downloads or the access period. In case of technical issues with the download, please contact us at info@factory268.com within 30 days of purchase.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, texts, displays, images, graphics, product reviews, videos and audio, as well as the design, selection, and organization thereof, are owned by FACTORY268, its affiliates, or licensors and are protected by Italian and international copyright and intellectual property laws.
License to use digital products:
By purchasing our digital products (blocks, add-ons for AEC software), you obtain a non-exclusive and non-transferable license that allows you to:
- Use downloaded files in your professional and commercial projects
- Modify files to adapt them to your project needs
- Incorporate files into your projects for clients
You are NOT authorized to:
- Resell, redistribute, or share original or modified files as standalone products
- Upload files to public sharing platforms or marketplaces
- Remove any copyright or proprietary information present in the files
Website use:
These Terms allow you to use the website for personal use. You must not reproduce, distribute, modify, create copies, publicly display and present, republish, or transmit material related to the website without our written consent. Except as expressly stated, these Terms contain nothing that guarantees or can be interpreted as guaranteeing a license or other rights in your favor relating to trademarks, copyrights, or other intellectual property of FACTORY268, Shopify, or third parties. Unauthorized use may result in a violation of intellectual property laws. All rights not expressly granted in this document are reserved to FACTORY268.
The names, logos, product and service names, designs, and slogans of FACTORY268 are trademarks of FACTORY268 or its affiliates or licensors. You must not use such trademarks without written authorization from FACTORY268. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans present in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services that we do not verify, control, or input.
You understand and agree that we provide access to such tools "as is" and "as available" without any type of warranty, representation, or conditions and without any endorsement. We have no liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is at your own risk and discretion, and you must also know and accept the terms on which such tools are based, provided by the relevant third-party providers.
In the future, we may offer new features through the Services (including the launch of new tools and resources). Such new features are to be considered part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including third-party features embedded). It is not our responsibility to examine or evaluate the content or correctness of third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not responsible for any problems or damages related to your access to third-party websites, or your purchase or use of products or services offered by third parties on such websites. Please carefully read the policies and practices of the third parties in question and understand them before making any transaction. Any claims, concerns, or questions related to third-party products and services should be presented to such third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
FACTORY268 is operated by Shopify, which enables us to provide you with the Services. However, sales and purchases you make in our Store occur directly with FACTORY268. By using the Services, you understand and agree that Shopify is not responsible for any aspect of sales between you and FACTORY268, including any injuries, damages, or losses arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions you make with FACTORY268.
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 that you have read the aforementioned privacy policies.
As it supports the Services, Shopify collects and processes personal data related to your access to and use of the Services to provide and improve the Services for you. In order to provide and improve the Services for you, data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries different from yours. See our privacy policy for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 - FEEDBACK
When you submit, upload, post, email, or otherwise transmit any idea, suggestion, feedback, review, proposal, plan, or other content (generally "Feedback"), you grant us a perpetual, global, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any means for any purpose, including commercial purposes. For example, we may assert our rights related to this license to manage, provide, evaluate, improve, enhance, and promote the Services, to fulfill obligations and exercise our rights as indicated in the Terms of Service.
Furthermore, you confirm and agree that: (i) you own the necessary rights for all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although we are not obligated, we may monitor, modify, or remove Feedback that, at our discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or in violation of intellectual property or these Terms of Service.
You confirm that your Feedback will not violate any rights of any third parties, including copyright, trademark, privacy, personality, and any other personal or proprietary rights. You further confirm that your Feedback will not include defamatory or otherwise illegal, offensive, or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or any related website. You must not use a false email address, nor pretend to be someone else or confuse us or third parties regarding the origin of your Feedback. Your Feedback and its correctness are your sole responsibility. We assume no responsibility for Feedback posted by you or third parties.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Information related to or included in the Services may contain typographical errors, inaccuracies, or omissions that may concern product descriptions, prices, offers, promotions, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders in case of errors at any time and without notice (even after an order has been submitted).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for legitimate purposes. You may not access or use the Services, directly or indirectly, to: (a) illegal or malicious purposes; (b) violate local, provincial, state, federal, and international rules, regulations, laws, or ordinances; (c) infringe or violate our intellectual property rights or those of others; (d) harass, oppress, insult, harm, defame, slander, denigrate, intimidate, or offend our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) transmit or induce the sending of advertising or promotional material, including "junk email," "chain letters," "spam," or other similar solicitations; (h) impersonate or attempt to impersonate another person or entity; (i) adopt any other type of behavior that prevents or inhibits the use of or access to the Services by other people, or that we deem dangerous to FACTORY268, Shopify, or users of the Services, or exposes them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services; (c) collect or track personal data of other people; (d) undertake spamming, phishing, pharming, pretexting, spidering, crawling, or scraping actions; (e) interfere with or circumvent the security features of the Services or related websites, other websites, or the internet. We reserve the right to suspend, disable, or close 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 at any time or discontinue your access to the Services (or any part thereof) at our discretion and without notice; you will continue to be responsible for all amounts due until the date of termination.
The following sections will continue to be valid after termination: Intellectual Property, Feedback, Termination, Warranty Limitation, Liability Limitation, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy, and any other clause that, by its nature, lasts beyond termination.
SECTION 15 - WARRANTY LIMITATION
Information presented in or through the Services is made available exclusively for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of such information. You rely on such information exclusively at your own risk. We assume no responsibility placed in such materials by you, any visitor to the Services, or anyone who may be aware of such content.
EXCEPT AS EXPRESSLY STATED BY FACTORY268, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY TYPE OF REPRESENTATIONS, WARRANTIES, OR CONDITIONS, 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 GUARANTEE, REPRESENT, OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT BE VALID FOR YOU.
SECTION 16 - LIABILITY LIMITATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FACTORY268, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS OF OURS OR OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, DATA LOSS, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES, ARISING FROM CONTRACTUAL, SPECIAL, TORT (INCLUDING NEGLIGENCE) LIABILITY, OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR OTHER CLAIMS RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN CONTENT, ANY LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF NOTICE OF SUCH POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and protect FACTORY268, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal expenses to be paid to any third party as a consequence of: (1) your violation of these Terms of Service or documents contained therein, (2) your violation of laws or third-party rights, (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that non-immediate notification does not relieve you of your obligations unless you are materially affected. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle claims that require non-economic obligations on your part without your consent (which may not be unreasonably withheld). You will cooperate in the defense of non-indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any clause of these Terms of Service is deemed illegal, null, or unenforceable, it will not be enforceable even to the extent permitted by applicable law, and the unenforceability of the unenforceable part from these Terms of Service will be evaluated; such decision will not affect the validity and enforceability of the other remaining clauses.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Failure by Shopify to exercise or enforce any right or clause of these Terms of Service will not constitute a waiver of such right or clause.
These Terms of Service and any policies or operating rules published by us on this site or related to the Services constitute the entire agreement and understanding between us and you, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between us and you (including but not limited to any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service are not to be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You must not delegate, transfer, or assign this Agreement or any of your rights or obligations subject to these Terms without our written consent; any attempt will be void and null. We may transfer, assign, or delegate these Terms and our rights and obligations without notifying you or without your consent.
SECTION 21 - APPLICABLE LAWS
These Terms of Service and any separate agreement under which we provide you with the Services must be governed and interpreted under the federal, state, or territorial courts in the jurisdiction where FACTORY268 is based. You and FACTORY268 accept the venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included only for convenience and do not limit or affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can view the current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check for changes on our website. We will notify you of changes to any material of these Terms in accordance with applicable laws, and such changes will be effective from the date indicated in the notice. Your continued use of or access to the Services following changes to the Terms of Service constitutes your acceptance of such changes.
SECTION 24 - CONTACT
Questions related to the Terms of Service should be sent to info@factory268.com.
Our contact details are listed below:
FACTORY268
info@factory268.com
Corso Alcide de Gasperi 268, Bari, BA, 70125, Italy
VAT Number: 09083520727