Terms and Conditions

1. GENERAL DESCRIPTION

On one side, Data Press Solutions S.L., hereinafter DPS, a Spanish company with NIF B85309672 and registered office at c/Thomas Edison nº 4, block 1, office 1310, 28521 Rivas-Vaciamadrid, Madrid, owner of the website www.indomito.studio, and on the other side, the Buyer, understood as any Registered User according to the provisions in the Terms of Use, who is of legal age and has the necessary legal capacity, completing the steps established on the website aimed at the acquisition of products offered through the Website.

By visiting our site and/or purchasing something from the Website, you participate in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions and policies referred to in this document and/or available via hyperlink. These Terms of Service apply to all site users, including but not limited to users who are browsers, suppliers, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new feature or tool added to the current store will also be subject to the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our Website. It is your responsibility to review this page periodically to check for changes. Your continued use or access to the website after the posting of any changes constitutes your acceptance of those changes.

Our store is hosted by Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services.

SECTION 1 - TERMS OF THE ONLINE STORE

By accepting these Terms of Service, you affirm that you are at least 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 have given us consent to allow any of your dependent minors to use this site.

You may not use our products for any unlawful or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit worms, viruses, or any destructive code.

A breach or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions across various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission through networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service, or any contact on the website through which the service is provided, without our express written permission.

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

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is, by nature, not current and is provided for your reference only. We reserve the right to modify the content on this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We will not be held liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

The Website provides information about all products for sale, including their features and prices. The products offered on the Website at any given time will be governed by the current general conditions, and therefore, the company has the authority to stop offering, without prior notice and at any time, access to the mentioned products.

These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible in the store. However, we cannot guarantee that the color displayed on your computer monitor is accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any product or service we offer. All product descriptions or prices are subject to change at any time without notice, at our discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of the products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change or cancel an order, we may attempt to notify you by contacting you via email and/or the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. 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 necessary.

For further details, please refer to our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor or have control over or contribute to.

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 will have no liability arising from or related to your use of optional third-party tools.

Any use you make of the optional tools provided through the site is at your own risk and discretion, and you must ensure that you are familiar with and approve of the terms under which these tools are provided by the relevant third-party providers.

We may also, in the future, offer new services and/or features through the website (including the launch of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of these sites, nor do we guarantee or assume any responsibility for the materials, websites, or services provided by third parties.

We are not liable for any damage or loss related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. Please review carefully the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions related to third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER COMMUNICATIONS

If, at our request, you submit specific submissions (e.g., contest entries) or, without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any media any comments you send us. We are not and will not be under any obligation (1) to maintain any comment as confidential; (2) to pay compensation for any comment; or (3) to respond to any comment.

We may, but are not obligated to, monitor, remove, or refuse to post content that, in our sole judgment, we determine to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or objectionable or that violates the intellectual property rights of any party or these Terms of Service.

You agree that your comments will not violate the rights of third parties, including copyright, trademark, privacy, personality, or any other personal or proprietary right. Additionally, you agree that your comments will not contain defamatory or illegal, abusive, or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or deceive us or third parties regarding the origin of any comment. You are solely responsible for any comment you make and its accuracy. We assume no responsibility and assume no liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for more details.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges, product availability, or transit times. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information within the Service or any related website is inaccurate at any time without prior notice (even after you have submitted your order).

We are under no obligation to update, modify, or clarify information in the Service or any related website, including, but not limited to, pricing information, except as required by law. No specific update or refresh date on the Service or any related website should be taken to indicate that all information in the Service or any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to request others to perform or engage in any unlawful act;
(c) to violate any local, international, federal, provincial, or state regulation, rule, law, or ordinance;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of third parties;
(e) to harass, abuse, insult, harm, defame, slander, belittle, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to present false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that could or may be used in any way to affect the functionality or operation of the Service, any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to engage in spam, phishing, pharming, pretexting, spidering, tracking, or scraping;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use or inability to use the service is at your own risk. The service and all products and services delivered to you through the service are provided (except as expressly stated by us) “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Indómito, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or products purchased 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 through the service, even if you were advised of the possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Website and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorney's fees, made by a third party due to your breach of these Terms of Service or any documents incorporated by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision will, however, be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered separate from these Terms of Service, with such determination not affecting the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

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

These Terms of Service are effective unless terminated by 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 by ceasing to use our site.

If, in our sole discretion, you fail to comply with or we suspect you have violated 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 the termination date, including; and/or we may deny you access to our Services (or any part of them).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will 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, but not limited to, previous versions of the Terms of Service).

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

SECTION 18 - APPLICABLE LAW

These Terms of Service and any other agreement by which we provide Services to you will be governed and interpreted in accordance with the laws of Spain.

SECTION 19 - 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 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 after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to info@indomito.studio.