Terms Of Service

GENERAL

Descontaso manages this website. Throughout the site, the terms "we," "us," and "our" refer to Descontaso. Descontaso offers this website, including all information, tools, and services made available to you, the user, provided you accept all the terms, conditions, policies, and notices outlined here.

By visiting our site and/or purchasing something from us, you are engaging with our "Service" and acknowledge that you are bound by the following terms and conditions (hereinafter referred to as "Terms of Service" or "Terms"), including any additional terms and conditions and policies mentioned here and/or accessible through hyperlinks. These Terms of Service apply to all users of the site, including but not limited to 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 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 features or tools added to the current store will also be subject 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 to update, modify, or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1: ONLINE STORE TERMS

By accepting these Terms of Service, you declare that you are of legal age in your state or province of residence, or that you are an adult in your state or province of residence and have given consent for any dependants of yours who are minors to use this site.

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

You will not transmit any worms, viruses, or any other code of a destructive nature.

Failure to comply with 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 any person, for any reason, at any time.

You understand that your content (excluding credit card information) may be transferred without encryption and may involve (a) transmissions across multiple networks; and (b) changes to adapt to the technical requirements of connecting networks or devices and to comply with them. Credit card information is always encrypted during transfer across networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, 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 the Terms herein.

SECTION 3: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete, or up to date. The material presented on this site is provided for general information purposes 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 recent sources of information. Any reliance on material from this site is at your own risk.

This site may contain certain historical information. Historical information is inevitably not current and is provided for reference only. We reserve the right to modify the content on this site at any time, but we are not obliged to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES

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

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

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

SECTION 5: PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. 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 colours and images of our products as accurately as possible in the store. However, we cannot guarantee that the display of any colour on your computer monitor is accurate.

We reserve the right, but are not obliged, 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 and without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of any product or service made on this site is void where such product or service is prohibited.

We do not guarantee that the quality of any product, service, 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: BILLING AND ACCOUNT INFORMATION ACCURACY

We reserve the right to refuse any order you place in our store. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders made with the same customer account, the same credit card, or orders using the same billing or shipping address. In the event we make a change or cancel an order, we will attempt to notify you via email or the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, at our sole discretion, appear to have been placed by merchants, resellers, or distributors.

You agree to provide 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 information, 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, control, 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 relating to your use of optional third-party tools.

Any use of the optional tools offered through the site is at your own risk, and you should ensure that you are familiar with the terms under which the relevant third-party providers offer such tools and accept them.

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

SECTION 8: THIRD-PARTY LINKS

Some 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 examining or evaluating the content or accuracy, nor do we guarantee or assume any liability or responsibility for the materials or third-party websites, or for any other materials, products, or services of third parties.

We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to them.

SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER COMMUNICATIONS

If, at our request, you send certain specific communications (e.g., contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively referred to as 'comments'), you agree that we may, at any time, without restriction: edit, copy, publish, distribute, translate, and use in any medium any comments you send us. We have no obligation (1) to keep any comment confidential; (2) to pay compensation for any comment; or (3) to respond to any comment.

We may, but are not obligated to, monitor, edit, or remove content that we, in our sole discretion, determine to be illegal, offensive, threatening, defamatory, pornographic, obscene, or objectionable, or that infringes any party's intellectual property or these Terms of Service.

You agree that your comments will not infringe any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, you agree that your comments will not contain defamatory, unlawful, abusive, or obscene material, nor will they contain any computer viruses or other harmful software that could affect the operation of the Service or any related website in any way. You must not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of the comments. You are solely responsible for the comments you make and their accuracy. We do not assume any responsibility or liability for comments posted by you or a third party

SECTION 10: PERSONAL INFORMATION

The submission of personal information you make through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for more information.

SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS

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

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

SECTION 12: PROHIBITED USES

In addition to the 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 solicit others to perform or participate in any unlawful acts; (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 others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to send false or misleading information; (g) to upload or transmit viruses or any other type of harmful code that affects or could affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send 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, or 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 accept that from time to time we may remove the service for indefinite periods or cancel the service at any time without notice. You expressly agree that your use of the service or inability to use it is at your own risk. The service and all products and services delivered to you through the service (unless otherwise specified by us) are provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, whether express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances will Descontaso, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to; loss of profits, loss of income, loss of savings, loss of data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any product purchased through 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 error or omission 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 made available through the service, even if advised of the possibility.

Since 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: INDEMNITY

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

SECTION 15: SEVERABILITY

If any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision shall, however, be enforceable to the extent permitted by applicable law, and the unenforceable part will be deemed separate from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 16: TERMINATION

The obligations and responsibilities of the parties incurred before the termination date will remain in effect after the termination of this contract for all purposes.

These Terms of Service will remain in effect unless you or we terminate them. 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 judgement, you are in breach, or we suspect you have breached any term or provision of these Terms of Service, we may terminate this agreement at any time without prior notice, and you will remain responsible for all amounts due up to and including the date of termination; and/or as a consequence, we may deny you access to our Services (or parts of them).

SECTION 17: ENTIRE AGREEMENT

The fact that we do not 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 policy or operating rule we have posted 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 agreement, communication, or proposal, whether oral or written, between you and us (including but not limited to 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: GOVERNING LAW

These Terms of Service and any separate agreement under which we provide Services will be governed and interpreted in accordance with the laws of Av. Mideterrania, Barcelona, B, 08720, 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 our website or the Service or access to any of these after any changes to these Terms of Service have been posted will constitute your acceptance of those changes.

SECTION 20: CONTACT INFORMATION

Questions about the Terms of Service should be sent to ajudar@descontaso.com