1.GENERAL DESCRIPTION

On one side, Data Press Solutions S.L. from now on DPS, Spanish company, with NIF B85309672 registered address c/Thomas Edison nº 4, block 1, office 1310, 28521 Rivas-Vaciamadrid, en Madrid, owner of the website www.indomito.studio and on the other the Purchaser, with the understanding that they are Registered users according as stated in the Terms of Use, of legal age, judicial capacity and in good faith, that follows the steps stablish in it, which are for the acquisition of products offered by the Website.

When you visit our studio and/or buy something in our Website, you are taking part in our “service” and agrees to be bound to the following terms and conditions (“Terms of Service”, “Terms”), including additional terms and conditions and the policies which are mention in this document and are available by link. These Terms of service will apply to all the site users, including, between others, the users who browse, suppliers, customers, merchants and /or content providers.

Please read carefully these Terms of service before you access or use our Website. When you access or use any part of our site, you accept to be bound by these Terms of Service. If you do not agree with all the terms and conditions in this agreement, you will not be able to access the Website or use any service. If these Terms of service are considered to be an offer, the agreement will be expressly limited to these Terms of use.

Any new feature or tool that is added to the actual shop is also subject to the Terms of Service. You can check the most recent version of the Terms of Service in this page at all times. We reserve the right to update, change or replace any part of these Terms of Service publishing updates and/or changes to our Website. You are responsible to periodically revise this page and check if any changes have been made. Your access and continued use of the Website after the changes have being published will mean that you have accepted the mentioned changes.

Our shop is housed in Shopify Inc. It gives us the platform to do electronic commerce online shopping and allows us to sale you our products.

SECTION 1 - ONLINE SHOP TERMS

When you accept these Terms of service, you have stated that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and you have given us your consent to allow any of your under age dependents to use this site.

You cannot use our products for an illegal or unauthorized purpose, nor can you, when you use the Service, break any laws in its jurisdiction (including, between others, copyright laws).

You must not transmit worms, virus or codes of destructive nature. If you brake one or more than one of these Terms will result with the immediate termination of your services.

SECTION 2 - GENERAL TERMS

We reserve the right to refuse the service of any person for any reason and at any time.

You do understand that its content (without including the credit card information) can be transfer without encryption and imply (a) transmissions through various webs; and (b) changes to fulfill and adapt to the technical needs for connecting to webs and other devices. The credit card information it’s always encrypted through its transfer to networks.

You agree to not reproduce, duplicate, copy, sale, resale or exploit any part of the Service, the use of the Service or the access to the Service or any other contact from the Website through which we give our service, without a expressly written permission from us.

The headings used in this agreement are included only for convenience and will not limit or have an effect on these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF THE INFORMATION

We are not responsible if the available information in this site is not accurate, completed or up to date. The material in this site is given only as general information, you must not rely on it or use it as the only bases to reach a decision without consulting primary sources of information which are more precise, more comprehensive or more opportune. Any reliance in this site material will be done under your own risk.

This site could contain certain historical information. The historical information its not necessarily up to date and its provided only as a reference. We reserve the right to modify the content of this site at any time, but we are no obliged to keep any information in this site updated. You agree that its your responsibility to monitor the changes in our site.

SECTION 4 - SERVICE MODIFICATIONS AND PRICES

The prices of our products are subject to change without previous notification.

We reserve the right to modify or discontinue our Service at any time (or any other part or content in it) at any time and without previous notification

We are not responsible before you or before third parties for any modifications, price change, suspension or interruption of the Service.

SECTION 5 - PRODUCTS OR SERVICES

The Website offers information about all the products for sale, their features and prices. All the products on offer in the Web, will at all times be regulated, in each case, by the applicable general conditions, and due to this the company will have the power to cease to offer, without previous notification and at any time, the access to the mentioned products.

These products or services could have limited quantities and be subject to returns or change only in accordance with our returns Policy.

These products or services could have limited quantities and be subject to returns or change only in accordance with our returns Policy. We have done everything possible to show, with the greatest possible accuracy, the colors and images of our products which appear in the shop. We can not guarantee that any color that appears in your computer screen is accurate.

We reserve the right, but we are not obliged, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All the descriptions of our products as well as the prices of our products are subject to be changed without previous notification. We reserve the right to discontinue a product at any moment or any time. The offer of any product or services done in this site is void where it not permitted.

We do not guarantee that the quality of our products, services, information or any other material obtain or bought by you will meet your expectations, or that any other error in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to decline any order that you place with us. We can, on our sole judgment, limit or cancel the quantities bought by one person, by a home or by an order. These restrictions could include orders done by or under the same customer account, the same credit card and/or orders that are sent to the same billing address and/or delivery address. In the case that we make a change or cancelled your order we will try to notify you by e/mail and/or the billing address/ the telephone number provided by you when you placed the order. We reserve the right to limit or forbid the orders by our sole judgment, that seem to be placed by distributors, retailers or distributors.

You agree to provide purchasing information and your actual account, complete and precise for all your purchases done in our shop. You agree to inform us immediately of any updates in your account and any other information, including your e/mail address, credit cards numbers and dates and/or expiry dates, so we can complete your transactions and contact you whenever is necessary.

For more details, please check our returns Policy

SECTION 7 - OPTIONAL TOOLS

We can give you access to third party tools, which we do not supervise, have no control over, and do not contribute to.

You acknowledge and agree that we provide the mention tools to you, “as they are” and “as available” without any guarantees, representations or conditions of any kind and without any kind of support. We will not accept any responsibility derive or related to the use of the optional third party tools.

Any use of the optional tools offered through the site to you, is at your own risk and at your own discretion, you should make sure that you are familiar with the tools and the terms that are offered by relevant external providers.

Will also can, in the future, provide new services and/or other functions through our website (including launching new tools and resources). These new features will also be subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS

Certain contents, products and services available through our Service could include third party material.

The third party links in this site could send you to other third party websites that are not affiliated to us. It is not our responsibility to examine and evaluate their content or accuracy, we do not guarantee nor we will have any responsibility for the materials of third party websites, nor for any other material, product or service from third parties.

We are not responsible for any damage or harm related to the purchase or use of goods, services, resources, content or any other transaction done in relation to third party websites. Carefully review the contents of the policies and practices from third party webs and make sure that you do understand them before doing any transactions. The complains, claims, concerns or questions relating to third party products, should be addressed to third parties.

SECTION 9 - USERS COMMENTS, COMMENTS AND OTHER COMMUNICATIONS

If, to our request, you send us a certain specific presentations (for example, competition entries) or without us requesting it you send creative ideas, suggestions, proposals, plans and other materials, either online, by e-mail , postal mail or some other method (collectively, “comments”) you do accept that we will be able to, at any time and without any restrictions, edit, copy, publish, distribute, translate and use them in any other way all the comments that you have sent us. We are not and will not be under any obligation (1) to keep any comment confidential (2) pay a compensation for any comment or (3) to reply to any comment.

We can, but are not under any obligation to monitor, withdraw o delete contents that, according to our sole discretion, we decide that they are illegal, offensive, menacing, slanderous, pornographic, obscene or objectionable or that it infringes the intellectual property of any of the parties or these terms of Service.

You agree that your comments will not break the rights of third parties, including copyrights, registered brands, privacy, personality or other personal o property rights. You also agree that your comments will not contain any material that is slanderous or illegal, abusive or obscene nor will they have any kind of computer viruses or a malware site that could affect in some way the operational Service or any other relating website. You cannot use a false e-mail address, pretend that you are another person and not yourself, deceive us or third parties as to the origin of your comments. You will be the only one responsible for the comments and accuracy. We will not assume any responsibility or assume responsibilities for the comments that you or third parties have published.

SECTION 10 - PERSONAL INFORMATION

Your personal information sent through our shop is regulated by our Privacy Policy. You can see our Privacy Policy.

SECTION 11 - ERROS, INACURRACIES AND OMISSIONS

Occasionally there could be information in our site or Service that could have typing errors, inaccuracies or omissions that could relate to the description of the products, prices, offers, product shipping cost, transit times or availability. We reserve the right to correct any errors, inaccuracy or omissions, and to change or update any information, or cancelled orders if some of the information in the Service or in any other part of the associated website is inaccurate at any time and without any previous notification (even after the order has been shipped).

We do not assume responsibility for updating, modify or clarify information in the Service or in any other associated website, including, between others, price information, except when is requested by law. There is no specific date for updating or for Service updating or in other associated websites, to let you know that all the Service information or in an associated website has been modified or updated.

SECTION 12 - PROHIBITED USES

As well as other prohibitions that have been establish in the Service Terms, it is prohibited to use the site or its content to: (a) for any unlawful purposes; (b) to ask others to do to take part in an illegal act; (c) to break any regulation, norm, international or local law or ordinance, federal, provincial or state; (d) infringe or brake our intellectual property rights, or the intellectual property rights of third parties; (e) to harass, abuse, insult, harm, slander, defame, despise, intimidate or discriminate for gender reasons, sexual orientation, religion, ethnic origin, race, age, national origin or disability; (f) provide false or deceitful information; (g) to load or transmit viruses or any other malicious code that could or could be used in any way that will affect the functionality or operation of the Service or of any other affiliated website, other webs or internet; (h) to collect or track the personal information of others; (i) to spam, phishing, pharm, pretext, crawler, search or scrape; (j) for any obscene or immoral purposes; or (k) to interfere or avoid the security features of the Service or any other related website , other web services or the internet. We reserve the right to terminate your use of the Service or any other related website for breaking any of the prohibited uses.

SECTION 13 - WARRANTY DISCLAMER RESPONSABILITY; LIMITATION OF LIABILITY

We do not guarantee, no we represent or guarantee that your use of our service will be interrupted, appropriate, and secure or error free.

We do not guarantee that the results you could obtain from our service will be accurate or reliable.

You accept that now and again we can delete the service for indefinite periods or cancel the service at any time, and without previous notice. You explicitly accept that the inability to use the service is at your own risk. The service and all the products and services given to you through our service are provided (except when they are specifically express by us) “as they are” and “if they are available” for its use, without any representation, guaranty or condition of any kind, either expressly or implied. Including all the guarantee or implicit conditions for marketability, marketable quality, and suitability for a particular purpose, durability, title and non-infringement.

In any case, Indomito, our directors, person in charge, employees, members, agents, contractors, assistants, providers, service providers or graduate will be responsible for any injury, lost, claim or directly or indirectly, accidental damage, punitive, special or consequential of any kind, including, between others, loss of profits, loss of gains, loss of income, loss of savings, loss of data, replacement costs, lots of similar damages, due to a contract, grievance, ( including negligence), other strict liability, derived from your use of any of our services or any other products. Including, between others, any error or omission in any of the contents, or any loss or damage of any kind incurred as a result of the use of our service or any other content ( or product) published, broadcast, or of any other way available through the service, even if you have been informed such i possibility. Due to some states or jurisdictions do not allowed the exclusion or the limitation of responsibilities for consequential or incidental damages, in said states or jurisdictions our responsibility will be limited to the maximum extent permitted by the law.

SECTION 14 - COMPENSATION

You accept to indemnify, defend and keep undamaged our Website and our matrix, subsidiary, affiliated, members, assistants, directors, agents, contractors, graduates, service suppliers, subcontractors, suppliers, interns an employees, harmless to any claim or lawsuit, including reasonable attorney’s fees, carried out by a third party due to the unfulfillment of third parties of our Terms of service or the documents which are incorporated by reference, or for braking any law or third parties rights.

SECTION 15 - SEVERABILITY

In the case that it is determined that any provision of these Terms of service is illegal, void or unenforceable, such provision will, however, require the fullest extent permitted by the applicable law, and the non-demanding part shall be considered separated from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless 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 stop using our site.

If, in our sole discretion, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for any amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - FULL AGREEMENT

Failure by 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 with respect to the Service constitute 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, without limitation, prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW

These Terms of Service and any other agreements whereby we provide you Services shall be governed by and interpreted in accordance with the laws of Spain.

SECTION 19 - CHANGES OF TERMS OF SERVICE

You can review the most recent 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 of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. 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 20 - CONTACT INFORMATION

All questions concerning the Terms of service should be sent to info@indomito.studio.