GENERAL

This website is operated by Dink Group. Throughout the site, the terms “we”, “us”, “us” and “our” refer hereinafter to Dink Group. Grupo Dink offers this website, including all information, tools and services offered on this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or signing up for something, you interact with our “Service” and acknowledge as binding the following terms and conditions (hereinafter referred to as “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, suppliers, customers, merchants and/or contributors of content.

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

New features or tools added to the current store will also be subject 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 to update, change 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 following the posting of any changes constitutes acceptance of those changes.

SECTION 1: TERMS OF ONLINE CONTRACTING

By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, by using the Service, violate the laws of your jurisdiction (including, without limitation, copyright laws).

You will not transmit any computer bugs or viruses or any code of a destructive nature.

Failure to comply with or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2: TERMS AND CONDITIONS

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

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over multiple networks; and (b) changes to accommodate and comply with technical requirements for network or device connection. Where payment is involved, credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion 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 for convenience only and shall not limit or affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall not be liable 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 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. Your reliance on any material on 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 of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4: SERVICE AND PRICE MODIFICATIONS

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) without notice at any time.

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

SECTION 5: PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit 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 reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where such product or service is prohibited.

We do not warrant that the quality of any product, service, information or other material you have purchased will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed with the same customer account, the same credit card, or orders using the same billing or service address. In the event we make a change to 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.

You agree to provide complete and accurate current order and account information for all orders placed with 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 needed.

For more information, please see our Cancellation Policy.

SECTION 7: USER FEEDBACK, COMMENTS AND OTHER COMMUNICATIONS

If, at our request, you submit certain specific communications (for example, contest entries) or, without a request from us, submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (hereinafter 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 submit to us. We do not and will not have any obligation (1) to keep any Comments confidential; (2) to pay any compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, 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. You further agree that your comments will not contain defamatory, libelous, unlawful, abusive or obscene material, or contain any computer viruses or other harmful software that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone else, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

SECTION 8: PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy.

SECTION 9 : ERRORS, INACCURACIES AND OMISSIONS

There may be information on our site or the Service that, from time to time, contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order).

We undertake no obligation to update, modify or clarify information on the Service or any related website, including but not limited to pricing information, except as required by law. No update specified or update date applied on the Service or any related website shall be taken to indicate that all information on the Service or any related website has been modified or updated.

SECTION 10: 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 act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to post false or misleading information;

(g) upload or transmit viruses or any other harmful code that affects or may affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) spam, phish, pharm, pretext, spider, track or mine; (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 11: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

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

You expressly agree that your use of the service or inability to use the service is at your own risk. The service and all products and services offered 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, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Grupo Dink, 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 revenue, loss of savings, loss of data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the service 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, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Grupo Dink and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, incurred by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party that you do so.

SECTION 13: 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 portion shall be deemed severable from these Terms of Service, without such determination affecting the validity and enforceability of the remaining provisions.

SECTION 14: TERMINATION

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

These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. The initial duration of the agreement with Grupo Dink is for 5 years. If you wish to terminate the agreement within this period, the remaining months up to a total of 5 years are due to pay to Grupo Dink.

If in our sole judgment you breach, or we suspect that you have breached, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due, up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof) as a result.

SECTION 15: 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 or proposals, whether oral or written, between you and us (including, without limitation, 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 16: GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Spain.

SECTION 17: CHANGES TO THE TERMS OF SERVICE

You may 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 your access to any of these on an ongoing basis following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 18: CONTACT INFORMATION

Questions about the Terms of Service should be sent to [email protected].