Terms of service

Overview

We welcome you to WOD3D. The terms "we" and "us" refer to WOD3D. WOD3D operates this store and website, including all information, content, features, tools, products and services to provide you, as a customer, with a curated shopping experience (the "Services"). WOD3D is powered by Shopify that allows us to provide the Services to you.

The following terms and conditions, and any policies referenced therein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use our Services.

Section 1: access and account

By accepting these Terms of Service, you represent that you are at least the age of majority in the country in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing, browsing our online stores, or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, your billing address, your payment method, and your shipping address. You represent and warrant that all information you provide in our stores is correct, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell or assign your account to another person, nor grant licenses linked to said account.

Section 2: our products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, you should keep in mind that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or will be identical to those shown in our online stores.
All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time, and may limit the quantities of the products we offer to any person, geographic region or jurisdiction as the case may be.

Section 3: orders

When you place an order, you make an offer to purchase. WOD3D reserves the right to accept or reject your order for any reason and in its sole discretion. Your order will not be accepted until WOD3D confirms acceptance. We must receive and process your payment to accept your order. Please review your order carefully before shipping, as WOD3D may not be able to accommodate cancellation requests once accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, or telephone number you provide when placing your order.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.

Section 4: prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be that effective at the time you place your order and will be set out in the order confirmation email you receive. Unless expressly determined otherwise, published prices do not include charges for taxes, shipping, order management, customs procedures or imports.
The prices published in our online stores may differ from those offered in physical, online or other stores managed by third parties. From time to time, we may offer promotions for the Services that may affect prices and are governed by terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made at our stores, you agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your account information and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete; that (ii) you have the proper authorization to use said credit card for the purchase; that (iii) the issuing entity of your credit card will cover the charges assumed; and that (iv) you will pay the assumed charges at the published prices, including shipping, order handling charges and applicable taxes, if any.

Section 5: shipping and delivery

We are not responsible for delays in shipments and deliveries. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping companies, customs processing or events that are not under our control. Once we deliver the products to the shipping company, title and risk pass to you.

Section 6: intellectual property

Our Services, including, but not limited to, the trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of WOD3D, its affiliates or licensors and are protected by Spanish, European Union and other international copyright and intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, copy into derivative works, publicly display, publicly display, republish, download, store or transmit any material included on the Services without our prior written consent. Except as expressly set forth herein, nothing in these Terms grants or shall be construed as granting any license or other right under any patent, trademark, copyright, or any other form of intellectual property of WOD3D, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. WOD3D reserves all rights not expressly granted herein.
WOD3D names, logos, product and service names, designs and slogans are trademarks of WOD3D, its affiliates or its licensors. You must not use such trademarks without our prior written consent. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans of the Services are trademarks of their respective owners.

Section 7: optional tools

As part of the Services, we may provide you with access to tools offered by third parties over which we neither monitor, control nor collaborate.
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 whatsoever arising from your use of optional third-party tools.
If you decide to use optional third-party tools offered through the site, you do so at your own discretion and risk and you should ensure that you are familiar with and approve of the terms on which such tools are offered by the third-party provider(s).
We may also offer new features through the Services in the future (including, the release of new tools and resources). These new features shall also be considered part of the Services and shall 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 embedded functionality of third parties). We are not responsible for examining or evaluating, or the accuracy of, any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services or resources on third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to them.

Section 9: relationship with Shopify

WOD3D is powered by Shopify, which allows us to provide the Services to you. However, any sales and purchases you make in our store are made directly with WOD3D. By using the Services, you acknowledge and agree that Shopify is not responsible or liable for any aspect of sales between you and WOD3D, including any injury, damage, or loss caused by any products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liability arising from or relating to your purchases and transactions with WOD3D.

Section 10: privacy policy

All personal information we collect through the Services is subject to our Privacy Policy and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services to you. For the purpose of providing services to you, information you submit to the Services will be transmitted to and shared with Shopify and third parties who may be located in countries where you do not reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

Section 11: comments

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any media and for any purpose, including commercial use. For example, we may use our rights under this License to operate, provide, evaluate, optimize, improve and promote the Services, and to perform our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you have disclosed any compensation or incentive received in connection with your submission of the Comments; and (iii) your Comments will comply with these Terms. We are and will be under no obligation (1) to treat your Comments as confidential; (2) provide compensation for your Comments; or (3) respond to your Comments.
We may, without obligation to do so, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party's intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene remarks, or contain any computer viruses 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 Comments. You are solely responsible for any Comments you make and their accuracy. We are not responsible for Comments posted by you or third parties.

Section 12: errors, inaccuracies and omissions

From time to time there may be information on or in the Services that 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 and to change or update information or cancel orders if any inaccuracies in information occur at any time without prior notice (including after you have placed your order).

Section 13: prohibited uses

You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for illegal or malicious purposes; (b) to violate any local, international, federal, provincial or state regulations, laws or 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 or intimidate our employees or another person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of “junk mail,” “chain letters,” “spam,” or any other similar content; (h) to impersonate any other person or entity, or attempt to do so; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or which, as we determine, may harm WOD3D, Shopify or other users of the Services or expose them to liability.
In turn, you agree not to do the following: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or provision of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, engage in phishing, commit pharmaceutical fraud, engage in fraudulent staging, commit spider offenses, or commit web crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate or close your account at any time and without prior notice if we determine that you have violated any part of these Terms.

Section 14: Termination

We may terminate this Agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without notice, and your liability for all amounts due up to and including the date of termination may remain in effect.
The following sections shall survive 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 which by their nature survive termination.

Section 15: Disclaimer of Warranties

The information presented on or through the Services is made available for general information only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor to the Services, or anyone who may be aware of their contents.
Unless expressly stated by WOD3D, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee or represent that you will be able to use the Services in an uninterrupted, timely, secure or error-free manner. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so this disclaimer may not apply to you.

Section 16: limitation of liability

To the extent permitted by law, under no circumstances shall WOD3D, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, nor Shopify and its affiliates be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability, arising out of your use of any of the Services, or any other claim relating in any way to your use of the Services or any product, including, without limitation, any error or damage of any kind resulting from the use of the Services or any content (or product) posted, transmitted or made available through the Services, even with notice of the possibility of produce.

Section 17: compensation

You agree to indemnify, defend and hold harmless WOD3D, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including the cost of reasonable attorneys' fees, payable to any third party arising from (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) violation of any law or third party rights; or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, with the understanding that failure to provide prompt notification will not relieve you of your obligations unless you have suffered significant damage. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle claims that impose non-monetary obligations on you without your consent (without unreasonable delay). You will assist in the defense of claims subject to indemnification, for example by providing relevant documents.

Section 18: divisibility

In the event that any provision of these Terms of Service is determined to be illegal, void or unenforceable, such provision shall be enforceable to the extent permitted by applicable law and the unenforceable section shall be deemed excludable from these Terms of Service; such determination shall not affect the validity or enforceability of any other provision.

Section 19: waiver; complete agreement

The failure of us to exercise or enforce any right or provision of the 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 in respect to The Service constitutes the entire agreement and understanding between you and us, govern your use of the Service, and supersede any prior or present 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 interests of the party who drafted the document.

Section 20: assignment

You may not delegate, transfer or assign this agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms along with our rights and obligations without your consent or prior notice.

Section 21: current legislation

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the competent laws and courts of the jurisdiction to which WOD3D belongs. Both you and WOD3D expressly submit to said forum and jurisdiction.

Section 22: headings

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

Section 23: 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, modify or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible for visiting our website periodically to learn about changes. We will notify you of any material modifications to these Terms in accordance with applicable law and such modifications will be effective as of the date specified in the notification. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 24: contact information

Any questions about the Terms of Service should be sent to us at info@wod3d.com.