Terms of service

GENERAL INFORMATION
Welcome to DIABOLUS! The terms "we", "us" and "our" refer to DIABOLUS. DIABOLUS operates this store and website, including all information, content, features, tools, products and services related to providing you, the customer, with a curated shopping experience (the "Services"). DIABOLUS is powered by Shopify, which enables us to provide you with the Services. 
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty, disclaimer and limitation of liability.
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 with these Terms of Service or Privacy Policy, you must not use or access our Services. 

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of legal majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on the devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the colors or appearance of the product may differ from how they are displayed on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as displayed or presented in our online stores.
All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region or jurisdiction, individually.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. DIABOLUS reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until DIABOLUS confirms that it accepts it. We must receive and process your payment before accepting your order. You should review your orders carefully before making the purchase, as DIABOLUS may not be able to process the cancellation request after an order is accepted. In the event that we do not accept, make a change to or cancel an order, we will try to notify you by contacting you through the email, billing address or telephone number you provided at the time the order was placed.
You may return or make changes to your purchase only in accordance with our Refund Policy. 
You represent and warrant that your purchase is for your personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in the order confirmation sent to you by email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import charges.
The prices posted in our online stores may differ from the prices offered in the physical store or in the online store or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing strategies and that are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. 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 transaction and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges you incur will be accepted by your credit card company and (iv) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for any delay in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the carrier, customs procedures or events beyond our control. Once we transfer products to the carrier, title and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all registered trademarks, marks, texts, samples, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are the property of DIABOLUS, its affiliate or licensor and are protected by U.S. and foreign patents, copyrights and other intellectual property laws.
These Terms allow you to use the Services solely for your personal and non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property of DIABOLUS, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by DIABOLUS.
The names, logos, product and service names, designs and slogans of DIABOLUS are trademarks of DIABOLUS or its affiliate or licensor. You must not use such trademark without the prior written permission of DIABOLUS. 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 on the Services are trademarks of their respective owners. 

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.
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 shall have no liability arising from or related to your use of the optional third-party tools.
Any use you make of the optional tools offered through the site is entirely at your own risk, as well as at your sole discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features will also be considered part of the Services and will be 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 any functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We will not be liable for any damage or harm related to your access to any third-party website, or your purchase or use of any product, service, resource or content on any third-party website. Please review the third party's policies and practices carefully and make sure you understand them before carrying out any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
DIABOLUS operates powered by Shopify technology, which enables us to provide you with the Services. However, any sale or purchase you make in our store is made directly with DIABOLUS. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and DIABOLUS, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or related to your purchase and transaction with DIABOLUS. 

SECTION 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve our Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country other than where you reside, in order to provide you with the services. Please review our Privacy Policy for more information on how we, Shopify, and our partners use your personal information. 

SECTION 11 - COMMENTS
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively called "comment"), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such comment in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize and promote the Services and to comply with our obligations and exercise our rights in accordance with the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) that your comment complies with these Terms. We have no and will have no obligation (1) to maintain the confidentiality of your comment; (2) to pay any compensation for your comment; or (3) to respond to your comment.
We may, but are not obligated to, monitor, edit or remove comments that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate the intellectual property of any party or these Terms of Service.
You agree that your comment will not infringe any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. Furthermore, you agree that your comment will not contain defamatory or otherwise unlawful, abusive or obscene remarks, nor will it contain any computer virus or other malware that may in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any comment. You are solely responsible for any comment you make and its accuracy. We assume no responsibility for any comment posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to the product description, pricing strategies, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any error, inaccuracy or omission and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (even after you have placed your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any regulation, rule, international, federal, provincial or state law, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm DIABOLUS, Shopify or the users of the Services, or expose them to any kind of liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, artificial intelligence tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or evade the security or authorization features, robot exclusion header or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or cancel your account at any time, without prior notice, if we determine that you have breached any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may run on behalf of or using the person's device, 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 compliance with the requirements of section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.
14.3 We may limit, including by applying technical measures, the access, use and interaction of any Agent with the Services and how it does so.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the name of the Agent by including the following in the request's user-agent field string: "Agent/[agent name]"; (ii) not conceal or create confusion about whether any access, use or interaction comes from an Agent, such as (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use, (iii) respond truthfully to any question or instruction seeking to determine whether interactions come from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you will remain liable for all amounts owed up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its Contents.
Unless expressly stated by DIABOLUS, the services and all products offered through the services are provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant, represent or ensure that your use of the services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall DIABOLUS, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliate, be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement cost or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any product purchased using the services, or for any other claim related in any way to your use of the services 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 services or any content (or product) posted, transmitted or otherwise made available through the services, even if advised of its possibility.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless DIABOLUS, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including attorneys' fees, payable to any third party due to or arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that the failure to notify promptly will not release you from your obligations unless you suffer material harm. We may control the defense and resolution of such claim at your expense, including the choice of attorney, but we will not settle any claim that entails non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure 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, but not limited to, any 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 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreement whereby we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where DIABOLUS has its headquarters. You and DIABOLUS accept the personal jurisdiction and venue of such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included solely for your convenience and will not limit or otherwise affect these Terms.

SECTION 24 - 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 the update and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to the following email address: info@diabolusclothing.com.
Below is our contact information:
DIABOLUS
info@diabolusclothing.com
+34 644373441
Calle del Teniente General José de Querol Lombardero, 5, Madrid, Madrid, 28024, Spain