Terms of service

TERMS OF SERVICE — DinkMat

OVERVIEW
Welcome to DinkMat. The terms "we", "us" and "our" refer to DinkMat, a trading name operated by [LEGAL NAME], Tax ID [NIF], with address at [BUSINESS ADDRESS], Spain ("DinkMat"). DinkMat operates this store and website, including all related information, content, features, tools, products and services (the "Services"). DinkMat is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with the policies referenced herein, including our Refund Policy, Shipping Policy and Privacy Policy (these "Terms"), describe your rights and responsibilities when you use the Services. By using our Services or placing an order, you agree to these Terms. If you do not agree, please do not use the Services.
Nothing in these Terms limits or excludes any mandatory rights you have as a consumer under the laws of your country of residence. Where any provision of these Terms conflicts with those mandatory rights, those rights prevail.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence.
To purchase from us, you may be asked to provide information such as your email address, billing, payment and shipping details. You agree that the information you provide is correct, current and complete.
You are responsible for keeping your account credentials secure and for activity on your account. You may not transfer, sell or assign your account to any other person.

SECTION 2 - OUR PRODUCTS
We make every effort to describe and display our products accurately. Colors may look slightly different depending on your screen and device settings.
All products are sold with the legal guarantee of conformity that applies in your country (see Section 16). We may update product descriptions or discontinue products at any time, but changes never affect orders already placed. We may limit the quantities offered per person or region.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We will send you an email acknowledging receipt of your order. The contract is formed when we confirm acceptance of your order by email. We may decline an order, for example in case of a pricing error, suspected fraud or lack of availability; in that case we will notify you and refund any amount charged in full.
You can cancel your order or return your product as described in our Refund Policy [LINK], which includes your 14-day right of withdrawal and our 90-day money-back guarantee, without prejudice to your statutory rights.
You confirm that your purchases are for your own personal or household use and not for commercial resale.

SECTION 4 - PRICES AND PAYMENT
Prices are shown in the currency of your selected market. For customers in the European Union, prices include VAT. For orders shipped outside the European Union, import duties and taxes may be charged by your country's customs authority; these are not collected by us and are your responsibility, unless stated otherwise at checkout. Shipping costs, if any, are shown before you complete your order.
The price you pay is the price shown at the time you place your order and confirmed in your order confirmation email. We may change prices or promotions at any time, but changes do not affect orders already placed. If a promotion has its own terms, those terms apply to that promotion.
You agree to provide accurate payment information and confirm that you are authorized to use the payment method you provide.

SECTION 5 - SHIPPING AND DELIVERY
Estimated delivery times are shown on the product page and in our Shipping Policy [LINK]. We will deliver your order within the time indicated and, in any case, no later than 30 days from the date the contract is formed, unless otherwise agreed. If we fail to deliver within that time, you may set an additional reasonable period, and if we still fail to deliver, you may cancel the order and receive a full refund.
The risk of loss or damage to the products passes to you when you, or a person you designate other than the carrier, take physical possession of them.
We are not responsible for delays caused by events genuinely outside our control (such as natural disasters, strikes or customs holds), but this does not affect your right to cancel and be refunded as described above.

SECTION 6 - INTELLECTUAL PROPERTY
The Services, including the DinkMat name and logo, texts, images, graphics, videos and the design of the store, are owned by DinkMat or its licensors and are protected by intellectual property laws. You may use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify or republish any material from the Services without our prior written consent. Shopify's name, logo and related marks are trademarks of Shopify. All other trademarks belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS
We may provide access to tools offered by third parties. We do not control these tools and provide access to them as they are. Your use of third-party tools is at your own discretion and subject to the terms of the relevant third-party provider.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, products or practices of third-party websites. Please review their policies before engaging with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
DinkMat is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with DinkMat. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and DinkMat, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with DinkMat.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy (https://www.shopify.com/legal/privacy/app-users). Because the Services are hosted by Shopify, information you submit will be shared with Shopify and with service providers that may be located in other countries, in order to provide the Services to you.

SECTION 11 - REVIEWS AND FEEDBACK
If you submit reviews, ideas, suggestions or other content ("Feedback"), you grant us a worldwide, royalty-free license to use, reproduce and publish that Feedback in connection with the Services. You confirm that your Feedback is your own, is truthful, discloses any compensation or incentive you received for it, and does not infringe the rights of any third party or contain unlawful content. We may remove Feedback that is unlawful, offensive or violates these Terms. We publish reviews from genuine customers only and do not edit them in a way that changes their meaning.

SECTION 12 - ERRORS AND INACCURACIES
The Services may occasionally contain errors in product descriptions, pricing or availability. We reserve the right to correct such errors. If an obvious error affects an order you have already placed, we will contact you and you may choose to continue with the corrected order or cancel it with a full refund.

SECTION 13 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to infringe our intellectual property rights or those of others; (c) to harass, abuse or harm any person; (d) to transmit false or misleading information, spam or malicious code; (e) to impersonate any person or entity; (f) to collect the personal information of others; (g) to use robots, scrapers or other automated means to access the Services, except as permitted in Section 14; or (h) to bypass or interfere with the security features of the Services. We may suspend or terminate your account if you violate these Terms.

SECTION 14 - AGENTS
14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with section 14.4. No Agent may access the Services if we have requested that it refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access is from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any question seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent any measure intended to control Agent access.

SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services if you breach these Terms. Termination does not affect orders already placed or any rights you have as a consumer, including your right to receive the products you have paid for or a refund.

SECTION 16 - WARRANTIES
Our products are covered by the legal guarantee of conformity that applies in your country. For customers in the European Union, this means you are entitled to have any lack of conformity that appears within 3 years of delivery remedied by repair or replacement or, where that is not possible, to a price reduction or refund. Customers in other countries benefit from the statutory warranty rights provided by their local law. Our 90-day money-back guarantee is offered in addition to, and does not replace, these rights.
General information on the website (such as articles or tips) is provided for informational purposes only.

SECTION 17 - LIMITATION OF LIABILITY
To the extent permitted by law, we are not liable for indirect or consequential losses that were not reasonably foreseeable when the contract was formed. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, for defective products under applicable product liability laws, or for any other liability that cannot be excluded or limited by law, including your statutory rights as a consumer.

SECTION 18 - INDEMNIFICATION
You agree to compensate us for reasonable losses we suffer as a direct result of your fraudulent use of the Services or your intentional breach of these Terms. This does not apply to the normal use of the Services or of the products purchased.

SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be deemed severed from these Terms, and this shall not affect the validity of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms and the policies referenced in them constitute the entire agreement between you and us regarding the Services, without prejudice to your statutory rights.

SECTION 21 - ASSIGNMENT
You may not assign your rights under these Terms without our consent. We may transfer our rights and obligations under these Terms to another organization, provided this does not reduce your rights or guarantees as a consumer; we will inform you if this happens.

SECTION 22 - GOVERNING LAW AND COMPLAINTS
These Terms are governed by Spanish law. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings before the courts of your place of residence.
If you have a complaint, please contact us first at dinkmat3388@outlook.com and we will do our best to resolve it. You may also contact the consumer protection authorities of your country.

SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and do not affect their interpretation.

SECTION 24 - CHANGES TO THESE TERMS
We may update these Terms from time to time by posting the new version on this page. Changes will not apply to orders placed before the updated Terms are published. We will notify you of material changes in accordance with applicable law.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms should be sent to dinkmat3388@outlook.com.
DinkMat — [LEGAL NAME]
Tax ID (NIF): [NIF]
[BUSINESS ADDRESS], Spain
[BUSINESS PHONE NUMBER]
[VAT NUMBER, if different from NIF]