GENERAL TERMS AND CONDITIONS

SECTION I. GENERAL TERMS AND CONDITIONS OF SALE

1. Seller Identification

The online store accessible at www.destants.com (hereinafter, the “Website”) is owned by María Paz Álvarez Antúnez (DESTANTS), Spanish Tax Identification Number (NIF) 07104251B, with registered address at C/ de la Diputació, 287, 08009 Barcelona, Spain, email address shop@destants.com and telephone number +34 640 342 728 (hereinafter, “DESTANTS”).

2. Purpose and Scope

These General Terms and Conditions of Sale govern purchases of products offered on the Website between DESTANTS and consumers placing an order. By ticking the acceptance box during checkout, the customer declares that they have read and accepted these terms in their current version, which may be accessed, saved and printed at any time from the Website. Purchases may be made in Spanish or English. These terms do not affect any rights that applicable consumer protection legislation grants consumers on a mandatory and non-waivable basis.

3. Products and Prices

Prices are displayed in euros and include applicable VAT. Orders shipped outside the European Union may be subject to customs duties, import taxes and customs clearance charges payable by the recipient (see Clause 6). Where applicable, shipping costs are displayed before checkout is completed.

Product photographs are for illustrative purposes only. As the products are handcrafted, minor variations may occur without affecting their nature or quality. In the event of an obvious typographical error in a price, DESTANTS will contact the customer to confirm or cancel the order. If the order is cancelled, any amount paid will be refunded.

4. Purchasing Process and Order Confirmation

To make a purchase, the customer adds the products to their shopping cart, enters their shipping and billing details, selects the shipping and payment methods, reviews the order summary (including the products, total price including taxes and shipping costs) and confirms the purchase by clicking the payment button, which expressly indicates the obligation to pay.

Before confirming the purchase, the customer may review and correct the information entered. Once payment has been made, DESTANTS sends an order confirmation email setting out the contents of the order and these terms and conditions. This confirmation constitutes the formal conclusion of the contract.

DESTANTS retains an electronic copy of the contract, which the customer may access by requesting it at shop@destants.com.

5. Payment Methods and Security

The payment methods displayed on the Website are accepted: credit/debit cards (Visa, Mastercard and Maestro), PayPal, Apple Pay, Google Pay, Shop Pay and deferred payment through Klarna, the latter being subject to Klarna’s own terms and conditions and approval by that provider.

Payments are processed through secure payment gateways using TLS encryption. DESTANTS does not store full payment card details. Orders are not processed until payment has been authorised.

6. Shipping and Delivery

DESTANTS ships to European Union Member States and to the other countries listed in the Website’s country selector. Shipping costs are calculated at checkout. Shipping is free on orders over €180.

The estimated delivery time is 5–8 business days from order confirmation, depending on the destination. In all cases, delivery will take place within a maximum of 30 calendar days, unless otherwise agreed.

For shipments outside the European Union, customs duties and import taxes are payable by the recipient. Free collection is also available at the Barcelona store, located at C/ de la Diputació, 287.

The risk of loss or damage to the products passes to the customer upon delivery.

7. Right of Withdrawal

Consumers have the right to withdraw from the contract without giving any reason within 14 calendar days of receiving the products, in accordance with the withdrawal policy published on the Website. That policy sets out the procedure, the effects on refunds, statutory exceptions and the model withdrawal form.

https://destants.com/en-esp/policies/refund-policy

8. Commercial Returns and Exchanges Policy (30 Days)

In addition to the statutory right of withdrawal, and as an additional benefit that does not restrict that right, DESTANTS accepts exchanges and returns within 30 calendar days of delivery for products that are in perfect condition, show no signs of use and retain their original tags and seals.

To initiate an exchange or return, the customer must email shop@destants.com, providing the order number. Return shipping costs under this commercial policy are borne by the customer.

Items from the Atelier collection that are made to order are excluded from this commercial returns and exchanges policy.

9. Legal Guarantee of Conformity

All products are covered by the statutory guarantee of conformity for 3 years from delivery, in accordance with the Consolidated Text of the Spanish General Law for the Protection of Consumers and Users.

In the event of a lack of conformity, the customer may request repair or replacement of the product. Where neither remedy is available or it is not provided within a reasonable period, the customer may request a price reduction or terminate the contract.

The guarantee does not cover damage resulting from improper use, impacts or normal wear and tear. Care recommendations are available on the jewellery care page.

For any guarantee-related claim, please contact shop@destants.com.

10. Customer Service and Complaints

For any enquiries, issues or complaints, customers may contact shop@destants.com, call +34 640 342 728 or visit the Barcelona store in person.

DESTANTS will respond to complaints as promptly as possible and, in any event, within a maximum period of one month. Official complaint forms are available to consumers.

11. Data Protection

Personal data provided during the purchasing process is processed in accordance with the privacy policy published on the Website, which customers may consult before confirming their order.

12. Applicable Law and Jurisdiction

These terms are governed by Spanish law. Any dispute shall be submitted to the courts and tribunals having jurisdiction under the applicable consumer protection legislation. In the case of consumers, this will be the courts of their place of residence.

Consumers residing in other European Union Member States retain the protection afforded by the mandatory provisions of the laws of their country of residence.

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SECTION II. TERMS OF SERVICE FOR THE WEBSITE AND DESTANTS SERVICES

Overview

Welcome to DESTANTS! The terms “we”, “us” and “our” refer to DESTANTS. DESTANTS operates this online store and Website, including all related information, content, features, tools, products and services, to provide you, as a customer, with a curated shopping experience (the “Services”).

DESTANTS is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd. or Shopify International Limited, depending on DESTANTS’ location, which enables us to provide the Services.

The following terms and conditions, together with the policies referred to herein (collectively, these “Terms of Service”), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as warranty disclaimers and limitations 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 to these Terms of Service or the Privacy Policy, you must not access or use our Services.

These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other mandatory, non-waivable legal rights.

The provisions of this Section II supplement the General Terms and Conditions of Sale in Section I. In the event of any conflict between the two sections concerning sales, prices, payments, orders, shipping, delivery, withdrawal, exchanges, returns, guarantees, customer service or consumer rights, Section I shall prevail.

1. Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have consented to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping information.

You represent and warrant that all information you provide through our stores is accurate, current and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity carried out through your account. You may not transfer, sell, assign or license your account to any other person.

All information provided will be processed in accordance with DESTANTS’ Privacy Policy and applicable legislation. Users’ responsibilities concerning their accounts do not limit any rights to which they are legally entitled.

2. Our Products

We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that product colours or appearance may differ from how they appear on your screen, depending on the device you use to access the store and its settings.

Product photographs are for illustrative purposes only. As the products are handcrafted, minor variations may occur without affecting their nature or quality, in accordance with Clause 3 of Section I.

Differences in on-screen display or variations inherent in handcrafted production do not exclude or limit consumers’ statutory rights of conformity. The statutory guarantee of conformity set out in Clause 9 of Section I is not excluded.

All product descriptions 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 and may limit the quantities of any product we offer to any person, geographical region or jurisdiction, as appropriate.

Such changes will apply to future purchases and will not retroactively alter contracts already concluded or affect customers’ existing rights.

3. Orders

When you place an order, you make an offer to purchase and authorise us and our payment processors to charge your selected payment method for the total order amount. DESTANTS reserves the right to accept or reject your order for any legitimate reason, in accordance with applicable law.

Orders are not processed until payment has been authorised. Once payment has been made, DESTANTS sends an order confirmation email setting out the contents of the order and these terms and conditions. This confirmation constitutes the formal conclusion of the contract, in accordance with Clause 4 of Section I.

Please review your order carefully before submitting it, as DESTANTS may be unable to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed. Any rejection, modification or cancellation will be carried out in accordance with contracts already concluded and applicable law.

Your purchases are subject to returns or exchanges in accordance with the withdrawal policy in Clause 7 and the commercial returns and exchanges policy in Clause 8 of Section I, as well as any statutory rights to which you may be entitled. Nothing in this provision limits any rights you may have under applicable law.

You represent and warrant that your purchases are for personal or household use and not for resale or commercial export. This representation does not limit consumers’ statutory rights or affect any obligations applicable to DESTANTS.

4. Prices 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 when the order is placed and will be stated in the order confirmation email.

In the event of an obvious typographical error in a price, Clause 3 of Section I shall apply.

Prices are displayed in euros and include applicable VAT. Where applicable, shipping costs are shown before checkout is completed. Shipments outside the European Union may be subject to customs duties, import taxes and customs clearance charges payable by the recipient, in accordance with Clauses 3 and 6 of Section I.

Prices listed in our online stores may differ from those offered in physical stores or in online or other stores operated by third parties.

From time to time, we may offer promotions through the Services that affect pricing and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms of Service, the promotional terms shall prevail, provided that they do not conflict with the General Terms and Conditions of Sale in Section I or reduce consumers’ statutory rights.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that: (1) you are authorised to use the payment method you provide; (2) the information you provide for that payment method is true, accurate and complete; (3) your payment provider will honour the charges you incur; and (4) you will pay all charges incurred at the prices displayed, including shipping and handling charges and all applicable taxes, if any.

Accepted payment methods and security conditions are detailed in Clause 5 of Section I.

5. Shipping and Delivery

DESTANTS ships to European Union Member States and to the other countries listed in the Website’s country selector. Shipping costs are calculated at checkout. Shipping is free on orders over €180.

The estimated delivery time is 5–8 business days from order confirmation, depending on the destination. In all cases, delivery will take place within a maximum of 30 calendar days, unless otherwise agreed.

Free collection is also available at the Barcelona store, located at C/ de la Diputació, 287. For shipments outside the European Union, customs duties and import taxes are payable by the recipient.

Unless otherwise stated, we are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed, without prejudice to the maximum delivery period of 30 calendar days established in Clause 6 of Section I, unless otherwise agreed.

We are not responsible for delays caused by carriers, customs processing or events beyond our control, to the extent that such liability may be excluded under applicable law.

To the extent permitted by applicable law, title to and the risk of loss of the products pass to you when you receive them, in accordance with Clause 6 of Section I. Risk does not pass to the customer merely because the products have been handed over to the carrier.

We are not responsible for delays or failures caused by events beyond our reasonable control, including carrier or customs delays, natural disasters, severe weather conditions, labour disputes, supply shortages, utility or telecommunications outages, cyber incidents, government actions or similar events, to the extent that such liability may be excluded under applicable law.

This provision does not remove our statutory delivery obligations or the customer’s rights in the event of a delay.

Please consult our Shipping Policy for further details. In the event of a conflict between that policy and the General Terms and Conditions of Sale in Section I, Section I shall prevail.

6. Intellectual Property

Our Services, including all trademarks, brand names, text, images, graphics, product reviews, videos and audio, are owned by DESTANTS, its affiliates or licensors and are protected by copyright, intellectual property and other United States and international trademark laws. Similarly, product listings are managed and owned by DESTANTS.

The purchase or delivery of any product does not grant or confer any intellectual property rights, including patents, copyrights, trademarks or other proprietary rights in the product, its design, underlying software or technology. All such rights remain the exclusive property of DESTANTS or the original rights holder.

These Terms allow you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit any material from the Services without our prior written consent.

Unless expressly stated otherwise herein, nothing in these Terms of Service grants or shall be interpreted as granting any licence or other rights under any patent, trademark, copyright or other intellectual property right belonging to DESTANTS, Shopify or any third party.

Unauthorised use of the Services may violate applicable intellectual property laws or other laws. DESTANTS reserves all rights not expressly granted herein.

The names, logos, product and service names, designs and slogans of DESTANTS are trademarks of DESTANTS, its affiliates or licensors. You must not use these trademarks without DESTANTS’ prior written permission.

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 appearing in the Services are trademarks of their respective owners.

7. Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services. We do not control, monitor or operate these tools.

You acknowledge and agree that access to such tools is provided “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement, to the extent permitted by applicable law.

We shall have no liability arising from or relating to your use of optional third-party tools, except where such liability cannot be excluded under applicable law. Any use of optional tools offered through the Website is entirely at your own risk and discretion. You should also ensure that you are familiar with and accept the terms under which the relevant third-party providers supply those tools.

We may introduce new features through the Services in the future, including new tools and resources. Such features shall also form part of the Services and be subject to these Terms of Service.

8. Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access.

If you leave the Services to access such materials or third-party websites, you do so at your own risk. We are not responsible for any harm or damage related to your access to third-party websites or your purchase or use of goods, services, resources or content on any third-party website, except where such liability cannot legally be excluded.

Please carefully review third parties’ policies and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third parties, without prejudice to any rights to which users are entitled under applicable law.

9. Relationship with Shopify

DESTANTS is powered by Shopify, which enables us to provide the Services. When you use the Services, your device communicates with Shopify’s systems to enable the provision of those Services. Section 10 explains how Shopify uses and processes information arising from these interactions.

However, all sales and purchases made through our store are conducted directly with DESTANTS. DESTANTS is responsible for the obligations legally applicable to it in connection with products sold, orders, payments, delivery, withdrawal, returns, guarantees and customer service.

By using the Services, you acknowledge and agree that Shopify is not the seller of the products offered by DESTANTS and that Shopify’s technology platform does not make Shopify a party to the sales contract between you and DESTANTS.

To the extent permitted by applicable law, Shopify shall not be responsible for aspects of sales between you and DESTANTS for which the seller is legally responsible. You expressly release Shopify and its affiliates from claims, damages and liabilities that may lawfully be excluded and that arise from or relate to your purchases and transactions with DESTANTS.

Nothing in this clause excludes or limits rights that cannot legally be excluded or limited, or changes any responsibilities that may apply to DESTANTS, Shopify or any third party under applicable law.

10. Privacy Policy

Our Privacy Policy explains how we may collect, use and disclose certain personal information arising from your use of the Services. We recommend that you read it before providing personal information or making a purchase.

As the Services are hosted on Shopify, Shopify collects, uses, processes and stores personal information about your access to and use of the Services, including transaction information, as you browse and interact with them.

Shopify may use this information for purposes including, but not limited to, providing, protecting and improving the Services, processing transactions and helping prevent fraud on this Website and other websites powered by Shopify.

Information collected when you visit or use the Services, including information automatically collected about your browsing activity, may be transmitted to and shared with Shopify and third parties that may be located in countries other than your country of residence, for the purpose of providing the Services, in accordance with applicable data protection legislation and the relevant safeguards.

Please review our Privacy Policy and Shopify’s Privacy Policy for further information about how we, Shopify and our partners use your personal information.

11. Comments

If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, “Comments”), you grant us, to the extent permitted by applicable law, a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Comments in any medium and for any purpose, including commercial purposes.

For example, we may exercise our rights under this licence to operate, provide, evaluate, improve and promote the Services, and to fulfil our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (1) you own or have all necessary rights to the Comments; (2) you have disclosed any compensation or incentives received in connection with submitting your Comments; and (3) your Comments comply with these Terms of Service.

We are not and shall not be under any obligation to (a) keep your Comments confidential; (b) pay compensation for them; or (c) respond to them, except where required by applicable law.

We may, but are not obligated to, monitor, edit or remove Comments that, in our sole discretion, we determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringe any party’s intellectual property rights or these Terms of Service, subject to applicable law.

You agree that your Comments will not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain libellous, unlawful, abusive or obscene material, or any computer virus or other malware that could 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 else or otherwise mislead us or third parties as to the origin of any Comment. You are solely responsible for any Comments you make and for their accuracy.

We assume no responsibility for Comments posted by you or any third party, to the extent that such exclusion of liability is permitted by applicable law.

The use of Comments shall, where applicable, comply with data protection, image rights, privacy and intellectual property legislation. This clause does not authorise any use prohibited by applicable law.

12. Errors, Inaccuracies and Omissions

Information on the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct errors, inaccuracies or omissions, as well as to change or update information or cancel orders if any information is inaccurate, even after an order has been submitted, provided that contracts already concluded and applicable law are respected.

In the event of an obvious typographical error in a price, DESTANTS will contact the customer to confirm or cancel the order. If the order is cancelled, any amount paid will be refunded, in accordance with Clause 3 of Section I.

If we cancel an order after payment has been collected, we will issue any refund required by applicable law.

13. Prohibited Uses

13.1

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 international, federal, provincial, state or local regulation, rule, law or ordinance;

(c) to infringe or violate our intellectual property rights or those of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person, or cause harm to them;

(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 of Service;

(g) to transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam or any other similar solicitation;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our determination, may harm DESTANTS, Shopify or users of the Services, or expose them to liability.

13.2

You further agree not to:

(a) upload or transmit viruses or any other type of malicious code that affects or may affect the functionality or operation of the Services in any way;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services;

(c) collect or track other people’s personal information;

(d) send unsolicited emails, engage in phishing or pharming, or use pretexting in connection with the Services;

(e) use any robot, spider, data extraction or collection tools, devices or automated processes, AI tools (including agentic AI), or automated or manual means to access the Services; or

(f) interfere with, circumvent or bypass any security or authorisation features, robot exclusion headers or other measures we use to restrict access to the Services.

We reserve the right to suspend, deactivate or terminate your account at any time if we determine that you have violated any part of these Terms, subject to applicable law and the user’s rights.

14. Agents

14.1

This section (“Agent Terms”) applies if you use, permit, enable or cause an agent to be deployed to access, use or interact with any Service.

“Agent” means any software or service that takes autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity and that can operate on their behalf or through their device without direct supervision.

14.2

No agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set out in Section 14.4 below. Furthermore, no agent may access, use or interact with the Services if we request that it refrain from doing so.

14.3

We may restrict, including through technical measures, whether and how an agent accesses, uses or interacts with the Services.

14.4

Agents must comply with the following requirements:

(a) In all HTTP or HTTPS requests, identify that the request originates from an agent and disclose the agent’s name by including the following text in the request’s user-agent string: “Agent/[agent name]”.

(b) Not conceal or obscure the fact that any access, use or interaction originates from an agent, for example by (i) imitating human behaviour and interaction patterns or (ii) completing or bypassing a CAPTCHA or any measures designed to distinguish computer use from human use.

(c) Respond truthfully to any question or prompt intended to determine whether interactions originate from a human or a computer.

(d) Not circumvent or otherwise evade any measures designed to block, limit, modify or control whether or how agents access, use or interact with the Services.

15. Termination

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without prior notice where there is a legitimate reason. You will remain liable for all amounts due up to and including the date of termination.

Termination of access to the Services shall not affect rights and obligations arising from orders already concluded or limit consumers’ statutory rights. DESTANTS’ obligations concerning delivery, withdrawal, returns, refunds, guarantees and customer service shall remain applicable where required.

The following sections shall remain in effect 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.

16. Disclaimer of Warranties

Information presented on or through the Services is provided for general informational purposes only. We do not guarantee 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 their contents, to the extent permitted by applicable law.

UNLESS EXPRESSLY STATED OTHERWISE BY DESTANTS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS 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, TO THE EXTENT THAT SUCH EXCLUSIONS ARE PERMITTED BY APPLICABLE LAW.

WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

This clause does not exclude or limit the statutory three-year guarantee of conformity set out in Clause 9 of Section I or any other mandatory, non-waivable rights granted to consumers under applicable law.

17. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DESTANTS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, 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 THE POSSIBILITY OF SUCH DAMAGES, TO THE EXTENT THAT SUCH EXCLUSIONS OR LIMITATIONS ARE PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

This clause does not limit statutory product guarantees, rights of withdrawal, applicable return rights or any other mandatory consumer protections.

18. Indemnification

You agree to indemnify, defend and hold harmless DESTANTS, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including reasonable legal fees, payable to any third party arising out of or resulting from: (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your violation of any law or third-party rights; or (3) your access to or use of the Services, to the extent that such an obligation may be imposed under applicable law.

We will notify you of any claim subject to indemnification, provided that a failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced by that failure.

We may control the defence and settlement of such a claim at your expense, including the selection of legal counsel, but we will not settle any claim that requires you to undertake non-monetary obligations without your consent, which must not be unreasonably withheld. You agree to cooperate in the defence of indemnified claims, including by providing relevant documents.

This clause shall not apply to the extent that the claim or damage is attributable to an act, omission or liability of DESTANTS, Shopify or any third party for which the user cannot legally be held responsible. Nor shall it limit consumers’ mandatory, non-waivable rights.

19. Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with such rights, those rights shall prevail.

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 that right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any previous version of the Terms of Service.

In the event of any ambiguity or conflict, these provisions shall be interpreted consistently with the General Terms and Conditions of Sale in Section I and applicable law. No provision shall be interpreted to the detriment of consumers’ mandatory, non-waivable rights or as a waiver of those rights.

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, where such consent is legally required. Any attempt to do so shall be null and void.

We may transfer, assign or delegate these Terms, as well as our rights and obligations, without your consent or prior notice, provided that such transfer or assignment is legally valid and does not reduce consumers’ rights or DESTANTS’ contractual obligations.

22. Governing Law

These Terms are governed by the laws of the jurisdiction in which DESTANTS has its registered office or is incorporated, irrespective of conflict-of-law principles. In the case of DESTANTS, Spanish law shall apply, without prejudice to any mandatory provisions that may apply in the consumer’s country of residence.

You and DESTANTS agree to submit to the jurisdiction and competence of the courts having jurisdiction under applicable law. Nothing in this section limits any rights you may have to bring claims before your local courts or to rely on mandatory laws applicable in your place of residence.

For sales contracts and consumer protection matters, Clause 12 of Section I shall apply.

23. Translations

The Terms of Service may be available in languages other than English. In the event of inconsistencies or conflicts between the English version of these Terms of Service and versions available in other languages, the interpretation must comply with the General Terms and Conditions of Sale in Section I and applicable law.

Purchases may be made in Spanish or English, in accordance with Clause 2 of Section I. No language version may reduce consumers’ mandatory, non-waivable rights. Any dispute shall be handled in the language and before the competent bodies determined under applicable law.

24. Headings

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

25. Electronic Communications

If you use the Services or place an order, you agree that we may send you transactional and service-related communications electronically, including by email, account notifications or postings on the Services.

These communications may relate to your orders, account, purchases, returns, these Terms of Service or other matters relating to the Services. You are responsible for keeping your contact information up to date.

Marketing communications will be sent in accordance with applicable law and any required consents. Acceptance of these Terms of Service does not replace any specific consent that may be required for promotional communications.

26. Changes to the Terms of Service

You may 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.

We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will take effect on the date specified in the notice.

Amendments will not retroactively affect orders already concluded, unless otherwise permitted or required by applicable law. Your continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes acceptance of those changes, to the extent that such acceptance is valid under applicable law.

27. Contact Information

Questions about the Terms of Service should be sent to shop@destants.com.

Our contact information is published in our Contact Information Policy.