TERMS OF SERVICE — BATRIX

GENERAL INFORMATION

WELCOME TO BATRIX! THE TERMS "WE," "US," AND "OUR" REFER TO BATRIX. BATRIX OPERATES THIS STORE AND WEBSITE, INCLUDING ALL RELATED INFORMATION, CONTENT, FEATURES, TOOLS, PRODUCTS, AND SERVICES, TO OFFER YOU, THE CUSTOMER, A CURATED SHOPPING EXPERIENCE (THE "SERVICES"). BATRIX IS POWERED BY SHOPIFY TECHNOLOGY, WHICH ALLOWS 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 USING 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 TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT USE OR ACCESS OUR SERVICES.

IMPORTANT NOTICE FOR EUROPEAN UNION CONSUMERS: NOTHING IN THESE TERMS LIMITS, EXCLUDES, OR REPLACES THE RIGHTS GRANTED TO YOU AS A MATTER OF MANDATORY LAW UNDER THE CONSUMER PROTECTION REGULATIONS OF YOUR COUNTRY OF RESIDENCE, INCLUDING THE RIGHT OF WITHDRAWAL AND THE LEGAL WARRANTY OF CONFORMITY. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND SUCH MANDATORY REGULATIONS, THE LATTER SHALL PREVAIL.

SECTION 1 - ACCESS AND ACCOUNT

BY ACCEPTING THESE TERMS OF SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE AND HAVE GIVEN US YOUR CONSENT TO ALLOW ANY MINOR DEPENDENTS TO USE THE SERVICES ON DEVICES YOU OWN, PURCHASE, OR MANAGE.

TO USE THE SERVICES, INCLUDING ACCESSING OR BROWSING OUR ONLINE STORE 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 ACCURATE, 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 FOR 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 PRODUCT COLORS OR APPEARANCE MAY DIFFER FROM HOW THEY APPEAR ON YOUR SCREEN DEPENDING ON THE TYPE OF DEVICE YOU USE TO ACCESS THE STORE AND ITS SETTINGS.

WE DO NOT GUARANTEE THAT THE APPEARANCE OF ANY PRODUCT YOU PURCHASE WILL EXACTLY MATCH WHAT IS SHOWN ON SCREEN, ALTHOUGH WE STRIVE TO MAKE THE REPRESENTATION AS ACCURATE AS POSSIBLE.

ALL PRODUCT DESCRIPTIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, AT OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO DISCONTINUE THE SALE OF ANY PRODUCT AT ANY TIME AND MAY LIMIT THE QUANTITIES OFFERED TO ANY PERSON, GEOGRAPHIC REGION, OR JURISDICTION.

SECTION 3 - ORDERS

WHEN YOU PLACE AN ORDER, YOU ARE MAKING AN OFFER TO PURCHASE. BATRIX RESERVES THE RIGHT TO ACCEPT OR REJECT YOUR ORDER FOR ANY REASON, AT ITS SOLE DISCRETION. YOUR ORDER WILL NOT BE ACCEPTED UNTIL WE CONFIRM OUR ACCEPTANCE OF IT. WE MUST RECEIVE AND PROCESS YOUR PAYMENT BEFORE ACCEPTING YOUR ORDER. WE RECOMMEND THAT YOU REVIEW YOUR ORDERS CAREFULLY BEFORE COMPLETING YOUR PURCHASE. IF WE DO NOT ACCEPT, MODIFY, OR CANCEL AN ORDER, WE WILL ATTEMPT TO NOTIFY YOU VIA THE EMAIL ADDRESS, BILLING ADDRESS, OR PHONE NUMBER YOU PROVIDED WHEN PLACING THE ORDER.

EUROPEAN UNION CONSUMERS: NOTWITHSTANDING THE ABOVE, IF YOU ARE A CONSUMER RESIDING IN THE EU, YOU HAVE A LEGAL RIGHT OF WITHDRAWAL OF 14 CALENDAR DAYS FROM RECEIPT OF YOUR ORDER, WHICH WE VOLUNTARILY EXTEND TO 30 DAYS, IN ACCORDANCE WITH OUR RETURN POLICY. THIS RIGHT PREVAILS OVER ANY CANCELLATION RESTRICTION MENTIONED IN THIS SECTION.

YOU MAY RETURN OR EXCHANGE YOUR PURCHASE ONLY IN ACCORDANCE WITH OUR RETURN POLICY.

YOU REPRESENT AND WARRANT THAT YOUR PURCHASE IS FOR PERSONAL OR HOUSEHOLD USE AND NOT FOR RESALE OR COMMERCIAL EXPORT.

SECTION 4 - PRICING AND BILLING

PRICES, DISCOUNTS, AND PROMOTIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PRICE CHARGED WILL BE THE ONE IN EFFECT AT THE TIME THE ORDER IS PLACED, AS INDICATED IN THE CONFIRMATION EMAIL SENT TO YOU. UNLESS EXPRESSLY STATED OTHERWISE, LISTED PRICES DO NOT INCLUDE TAXES, SHIPPING, HANDLING FEES, OR ANY DUTIES OR IMPORT CHARGES APPLICABLE TO INTERNATIONAL SHIPMENTS OUTSIDE THE EUROPEAN UNION.

PRICES LISTED IN OUR ONLINE STORE MAY DIFFER FROM THOSE OFFERED THROUGH OTHER SALES CHANNELS. SPECIFIC PROMOTIONS MAY BE GOVERNED BY SPECIFIC CONDITIONS THAT WILL PREVAIL OVER THESE TERMS IN THE EVENT OF A CONFLICT.

YOU AGREE TO PROVIDE CURRENT, COMPLETE, AND ACCURATE PURCHASE, PAYMENT, AND ACCOUNT INFORMATION FOR ALL YOUR PURCHASES, AND TO PROMPTLY UPDATE SUCH INFORMATION (EMAIL ADDRESS, CARD DETAILS, EXPIRATION DATES, ETC.).

YOU REPRESENT AND WARRANT THAT: (I) THE PAYMENT INFORMATION YOU PROVIDE IS TRUE, ACCURATE, AND COMPLETE; (II) YOU ARE DULY AUTHORIZED TO USE SUCH PAYMENT METHOD; (III) THE RELEVANT CHARGES WILL BE HONORED BY YOUR CARD ISSUER; AND (IV) YOU WILL PAY THE CHARGES INCURRED AT THE LISTED PRICES, INCLUDING SHIPPING COSTS, DUTIES WHERE APPLICABLE, AND ALL APPLICABLE TAXES.

SECTION 5 - SHIPPING AND DELIVERY

WE SHIP INTERNATIONALLY. WE ARE NOT RESPONSIBLE FOR SHIPPING AND DELIVERY DELAYS. ALL DELIVERY TIMES ARE ESTIMATES AND ARE NOT GUARANTEED. WE WILL NOT BE LIABLE FOR DELAYS CAUSED BY THE SHIPPING CARRIER, CUSTOMS PROCEDURES, OR EVENTS BEYOND OUR CONTROL.

INTERNATIONAL SHIPMENTS — DUTIES AND IMPORT TAXES: FOR SHIPMENTS OUTSIDE THE EUROPEAN UNION, DUTIES, IMPORT TAXES, OR CUSTOMS HANDLING FEES MAY APPLY, WHICH ARE NOT INCLUDED IN THE PURCHASE PRICE AND ARE THE RESPONSIBILITY OF THE RECIPIENT. WE RECOMMEND CHECKING YOUR COUNTRY'S CUSTOMS REGULATIONS BEFORE PURCHASING.

ONCE WE TRANSFER THE PRODUCTS TO THE SHIPPING CARRIER, TITLE AND RISK OF LOSS PASS TO YOU, WITHOUT PREJUDICE TO ANY RIGHTS YOU MAY HAVE AGAINST US AS AN EU CONSUMER IN THE EVENT OF LOSS OR DAMAGE OCCURRING BEFORE DELIVERY.

SECTION 6 - INTELLECTUAL PROPERTY

OUR SERVICES, INCLUDING TRADEMARKS, TEXT, IMAGES, GRAPHICS, PRODUCT REVIEWS, VIDEOS, AND AUDIO, AND THEIR DESIGN, SELECTION, AND ARRANGEMENT, ARE OWNED BY BATRIX, ITS AFFILIATES, OR LICENSORS, AND ARE PROTECTED BY SPANISH, EUROPEAN, AND INTERNATIONAL INTELLECTUAL AND INDUSTRIAL PROPERTY LAW.

THESE TERMS ALLOW YOU TO USE THE SERVICES SOLELY FOR PERSONAL, NON-COMMERCIAL USE. YOU MAY NOT REPRODUCE, DISTRIBUTE, MODIFY, CREATE DERIVATIVE WORKS FROM, PUBLICLY DISPLAY, REPUBLISH, DOWNLOAD, STORE, OR TRANSMIT ANY MATERIAL FROM THE SERVICES WITHOUT OUR PRIOR WRITTEN CONSENT. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY BATRIX.

BATRIX'S NAMES, LOGOS, DESIGNS, AND SLOGANS ARE TRADEMARKS OF BATRIX OR ITS LICENSORS AND MAY NOT BE USED WITHOUT PRIOR WRITTEN PERMISSION. SHOPIFY'S NAME, LOGO, AND TRADEMARKS ARE THE PROPERTY OF SHOPIFY. ALL OTHER NAMES, LOGOS, AND TRADEMARKS APPEARING IN THE SERVICES BELONG TO THEIR RESPECTIVE OWNERS.

SECTION 7 - OPTIONAL TOOLS

YOU MAY BE PROVIDED ACCESS TO THIRD-PARTY TOOLS AS PART OF THE SERVICES, WHICH WE DO NOT MONITOR OR CONTROL. WE PROVIDE ACCESS TO SUCH TOOLS "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. WE ASSUME NO RESPONSIBILITY FOR YOUR USE OF OPTIONAL THIRD-PARTY TOOLS, WHICH IS ENTIRELY AT YOUR OWN RISK. YOU SHOULD REVIEW THE APPLICABLE PROVIDER'S TERMS.

ANY NEW FEATURES WE MAY OFFER IN THE FUTURE WILL BE CONSIDERED PART OF THE SERVICES AND SUBJECT TO THESE TERMS.

SECTION 8 - THIRD-PARTY LINKS

THE SERVICES MAY CONTAIN MATERIALS AND HYPERLINKS TO THIRD-PARTY SITES. WE ARE NOT RESPONSIBLE FOR REVIEWING OR EVALUATING THEIR CONTENT OR ACCURACY. IF YOU ACCESS THIRD-PARTY MATERIALS OR SITES, YOU DO SO AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR ACCESS TO THIRD-PARTY SITES, OR TO THE PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED THERE. COMPLAINTS ABOUT THIRD-PARTY PRODUCTS OR SERVICES SHOULD BE DIRECTED DIRECTLY TO THAT THIRD PARTY.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE: THIS SECTION ACCURATELY CHARACTERIZES SHOPIFY'S RELATIONSHIP WITH THE STORE AND MUST NOT BE REMOVED OR MODIFIED.]

BATRIX OPERATES USING SHOPIFY TECHNOLOGY, WHICH ALLOWS US TO PROVIDE YOU WITH THE SERVICES. HOWEVER, ANY SALE OR PURCHASE YOU MAKE IN OUR STORE IS MADE DIRECTLY WITH BATRIX. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SHOPIFY IS NOT RESPONSIBLE FOR ANY ASPECT OF THE SALES BETWEEN YOU AND BATRIX, INCLUDING ANY INJURY, DAMAGE, OR LOSS RESULTING FROM THE PURCHASE OF PRODUCTS. YOU EXPRESSLY RELEASE SHOPIFY AND ITS AFFILIATES FROM ANY CLAIMS, DAMAGES, AND LIABILITY RELATED TO YOUR PURCHASE AND TRANSACTION WITH BATRIX, WITHOUT PREJUDICE TO ANY NON-WAIVABLE LEGAL RIGHTS YOU MAY HAVE AGAINST BATRIX AS THE SELLER.

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. THE PROCESSING OF YOUR PERSONAL DATA IS CARRIED OUT IN ACCORDANCE WITH THE GENERAL DATA PROTECTION REGULATION (GDPR) AND APPLICABLE SPANISH LAW (LOPDGDD).

BECAUSE THE SERVICES ARE HOSTED BY SHOPIFY, SHOPIFY COLLECTS AND PROCESSES INFORMATION ABOUT YOUR ACCESS TO AND USE OF THE SERVICES. INFORMATION YOU SUBMIT MAY BE TRANSMITTED TO AND SHARED WITH SHOPIFY AND THIRD PARTIES WHO MAY BE LOCATED OUTSIDE YOUR COUNTRY OF RESIDENCE, WITH THE SAFEGUARDS REQUIRED BY THE GDPR FOR INTERNATIONAL TRANSFERS.

SECTION 11 - COMMENTS

IF YOU SUBMIT, UPLOAD, POST, OR SEND IDEAS, SUGGESTIONS, COMMENTS, REVIEWS, OR OTHER CONTENT ("COMMENT"), YOU GRANT US A PERPETUAL, WORLDWIDE, SUBLICENSABLE, ROYALTY-FREE LICENSE TO USE, REPRODUCE, MODIFY, PUBLISH, DISTRIBUTE, AND DISPLAY SUCH COMMENT IN ANY MEDIUM AND FOR ANY PURPOSE, INCLUDING COMMERCIAL PURPOSES.

YOU REPRESENT AND WARRANT THAT: (I) YOU OWN OR HAVE ALL NECESSARY RIGHTS TO YOUR COMMENT; (II) YOU HAVE DISCLOSED ANY COMPENSATION RECEIVED IN CONNECTION WITH YOUR SUBMISSION; AND (III) YOUR COMMENT COMPLIES WITH THESE TERMS. WE HAVE NO OBLIGATION TO MAINTAIN CONFIDENTIALITY, PAY COMPENSATION, OR RESPOND TO COMMENTS.

WE MAY, WITHOUT ANY OBLIGATION TO DO SO, MONITOR, EDIT, OR REMOVE COMMENTS THAT WE CONSIDER UNLAWFUL, OFFENSIVE, DEFAMATORY, OBSCENE, OR IN VIOLATION OF THESE TERMS OR THE RIGHTS OF THIRD PARTIES.

YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMENTS AND THEIR ACCURACY; WE ASSUME NO RESPONSIBILITY FOR COMMENTS POSTED BY YOU OR BY THIRD PARTIES.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

OCCASIONALLY THERE MAY BE TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS RELATED TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, SHIPPING COSTS, TRANSIT TIMES, OR AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY SUCH ERRORS AND TO CHANGE OR CANCEL ORDERS IF ANY INFORMATION IS INACCURATE, EVEN AFTER THE ORDER HAS BEEN PLACED, WITHOUT PREJUDICE TO YOUR RIGHT OF WITHDRAWAL WHERE APPLICABLE.

SECTION 13 - PROHIBITED USES

YOU MAY ACCESS AND USE THE SERVICES ONLY FOR LAWFUL PURPOSES. YOU MAY NOT USE THE SERVICES: (A) FOR ANY UNLAWFUL OR MALICIOUS PURPOSE; (B) TO VIOLATE ANY APPLICABLE REGULATION; (C) TO INFRINGE UPON OUR OR OTHERS' INTELLECTUAL PROPERTY RIGHTS; (D) TO HARASS, DEFAME, OR HARM OTHER PEOPLE; (E) TO SUBMIT FALSE OR MISLEADING INFORMATION; (F) TO UPLOAD CONTENT THAT VIOLATES THESE TERMS; (G) TO SEND UNSOLICITED COMMUNICATIONS ("SPAM"); (H) TO IMPERSONATE ANOTHER PERSON; OR (I) TO RESTRICT OR INHIBIT THE USE OF THE SERVICES BY OTHER USERS OR EXPOSE US TO LIABILITY.

IN ADDITION, YOU AGREE NOT TO: UPLOAD VIRUSES OR MALICIOUS CODE; REPRODUCE, EXTRACT, OR COMMERCIALLY EXPLOIT THE SERVICES; COLLECT PERSONAL DATA FROM OTHER USERS; USE PHISHING OR PRETEXTING TECHNIQUES; USE BOTS, SCRAPING, AGENTIC AI TOOLS, OR OTHER AUTOMATED MEANS TO ACCESS THE SERVICES WITHOUT AUTHORIZATION; OR CIRCUMVENT OUR SECURITY MEASURES. WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT IF YOU VIOLATE THESE TERMS.

SECTION 14 - AI AGENTS

14.1 THIS SECTION APPLIES IF YOU USE, ALLOW, OR CAUSE THE DEPLOYMENT OF AN AGENT TO ACCESS, USE, OR INTERACT WITH ANY SERVICE. "AGENT" MEANS ANY SOFTWARE THAT PERFORMS AUTONOMOUS OR SEMI-AUTONOMOUS ACTIONS ON BEHALF OF A PERSON OR ENTITY, WITHOUT DIRECT SUPERVISION.

14.2 NO AGENT MAY ACCESS, USE, OR INTERACT WITH THE SERVICES UNLESS IT IDENTIFIES ITSELF AND OPERATES IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 14.4. AN AGENT MAY NOT DO SO IF WE HAVE ASKED YOU TO REFRAIN.

14.3 WE MAY LIMIT, INCLUDING THROUGH TECHNICAL MEASURES, THE ACCESS, USE, AND INTERACTION OF ANY AGENT WITH THE SERVICES.

14.4 AGENTS MUST: (I) IDENTIFY THEMSELVES IN EVERY HTTP/HTTPS REQUEST BY INCLUDING "AGENT/[AGENT NAME]" IN THE USER-AGENT FIELD; (II) NOT CONCEAL OR CREATE CONFUSION ABOUT THEIR AUTOMATED NATURE, NOR CIRCUMVENT CAPTCHAS OR OTHER HUMAN VERIFICATION MEASURES; (III) TRUTHFULLY DISCLOSE THEIR NATURE WHEN ASKED; (IV) NOT CIRCUMVENT MEASURES INTENDED TO CONTROL AGENT ACCESS TO THE SERVICES.

SECTION 15 - TERMINATION

WE MAY TERMINATE THIS AGREEMENT OR YOUR ACCESS TO THE SERVICES AT OUR DISCRETION, AT ANY TIME, WITHOUT PRIOR NOTICE; YOU WILL REMAIN LIABLE FOR ANY AMOUNTS OWED UP TO THE DATE OF TERMINATION.

THE FOLLOWING SECTIONS WILL 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 PROVISION THAT BY ITS NATURE SHOULD SURVIVE.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE INFORMATION PRESENTED IN THE SERVICES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. WE DO NOT GUARANTEE ITS ACCURACY, COMPLETENESS, OR USEFULNESS, AND ANY RELIANCE ON IT IS AT YOUR OWN RISK.

UNLESS EXPRESSLY STATED OTHERWISE, THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.

EXCEPTION FOR CONSUMERS: NOTHING IN THIS SECTION EXCLUDES, LIMITS, OR IS INTENDED TO EXCLUDE OR LIMIT (I) THE 3-YEAR LEGAL WARRANTY OF CONFORMITY GRANTED TO CONSUMERS UNDER APPLICABLE SPANISH/EU LAW FOR PRODUCTS SOLD, (II) YOUR RIGHT OF WITHDRAWAL, OR (III) ANY OTHER RIGHT THAT CANNOT BE LEGALLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, BATRIX, ITS PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SUPPLIERS, AS WELL AS SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS, OR DATA) ARISING FROM THE USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MANDATORY LEGAL EXCEPTION: NOTHING IN THIS SECTION EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE SPANISH OR EUROPEAN UNION LAW, INCLUDING NON-WAIVABLE CONSUMER RIGHTS.

SECTION 18 - INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BATRIX, SHOPIFY, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS FROM ANY LOSS, DAMAGE, LIABILITY, OR THIRD-PARTY CLAIM (INCLUDING ATTORNEYS' FEES) ARISING FROM: (1) YOUR BREACH OF THESE TERMS; (2) YOUR VIOLATION OF ANY LAW OR THIRD-PARTY RIGHTS; OR (3) YOUR ACCESS TO AND USE OF THE SERVICES.

WE WILL NOTIFY YOU OF ANY INDEMNIFIABLE CLAIM; FAILURE TO PROMPTLY NOTIFY YOU WILL NOT RELIEVE YOU OF YOUR OBLIGATIONS UNLESS IT CAUSES YOU MATERIAL PREJUDICE. WE MAY CONTROL THE DEFENSE OF SUCH CLAIM AT YOUR EXPENSE, WITHOUT SETTLING CLAIMS THAT IMPOSE NON-MONETARY OBLIGATIONS ON YOU WITHOUT YOUR REASONABLE CONSENT. YOU WILL COOPERATE IN THE DEFENSE BY PROVIDING RELEVANT DOCUMENTATION.

SECTION 19 - SEVERABILITY

IF ANY PROVISION OF THESE TERMS IS DEEMED UNLAWFUL, VOID, OR UNENFORCEABLE, THAT PROVISION WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE UNENFORCEABLE PORTION WILL BE SEVERED WITHOUT AFFECTING THE VALIDITY OF THE REMAINING PROVISIONS.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

THE FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS DOES NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

THESE TERMS, TOGETHER WITH ANY REFERENCED POLICIES, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING THE USE OF THE SERVICES, SUPERSEDING ANY PRIOR AGREEMENT OR COMMUNICATION, WHETHER ORAL OR WRITTEN.

ANY AMBIGUITY IN THE INTERPRETATION OF THESE TERMS SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.

SECTION 21 - ASSIGNMENT

YOU MAY NOT DELEGATE, TRANSFER, OR ASSIGN THIS AGREEMENT OR YOUR RIGHTS OR OBLIGATIONS WITHOUT OUR PRIOR WRITTEN CONSENT; ANY ATTEMPT TO DO SO WILL BE VOID. WE MAY TRANSFER, ASSIGN, OR DELEGATE THESE TERMS AND OUR RIGHTS AND OBLIGATIONS WITHOUT YOUR CONSENT OR PRIOR NOTICE.

SECTION 22 - GOVERNING LAW AND JURISDICTION

THESE TERMS OF SERVICE ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SPANISH LAW.

CONSUMERS RESIDING IN THE EUROPEAN UNION: NOTWITHSTANDING THE ABOVE, YOU RETAIN THE PROTECTION AFFORDED TO YOU BY THE MANDATORY PROVISIONS OF THE LAW OF YOUR COUNTRY OF RESIDENCE THAT CANNOT BE DEROGATED FROM BY AGREEMENT (REGULATION (EC) NO. 593/2008, "ROME I"). ADDITIONALLY, UNDER REGULATION (EU) NO. 1215/2012, YOU MAY BRING LEGAL ACTION AGAINST BATRIX EITHER BEFORE THE COURTS OF SPAIN OR, WHERE APPLICABLE, BEFORE THE COURTS OF THE MEMBER STATE OF YOUR DOMICILE.

ONLINE DISPUTE RESOLUTION: THE EUROPEAN COMMISSION PROVIDES CONSUMERS WITH AN ONLINE DISPUTE RESOLUTION (ODR) PLATFORM, ACCESSIBLE AT: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR. YOU MAY ALSO DIRECT YOUR INQUIRIES OR COMPLAINTS TO BATRIXCAPE@GMAIL.COM.

CUSTOMERS OUTSIDE THE EUROPEAN UNION: FOR PURCHASES MADE BY CUSTOMERS RESIDING OUTSIDE THE EU, THESE TERMS ARE GOVERNED BY SPANISH LAW, AND BOTH PARTIES SUBMIT TO THE JURISDICTION OF THE COURTS OF CÓRDOBA, SPAIN, UNLESS THE CONSUMER PROTECTION REGULATIONS OF YOUR COUNTRY OF RESIDENCE MANDATORILY PROVIDE OTHERWISE.

SECTION 23 - HEADINGS

THE HEADINGS USED IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY AND DO NOT LIMIT OR OTHERWISE AFFECT THESE TERMS.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

YOU CAN REVIEW THE MOST CURRENT VERSION OF THESE TERMS AT ANY TIME ON THIS PAGE.

WE RESERVE THE RIGHT TO UPDATE, CHANGE, OR REPLACE ANY PART OF THESE TERMS BY POSTING THE UPDATE ON OUR WEBSITE. WE RECOMMEND THAT YOU REVIEW IT PERIODICALLY. WE WILL NOTIFY YOU OF ANY MATERIAL CHANGES IN ACCORDANCE WITH APPLICABLE LAW, AND SUCH CHANGES WILL TAKE EFFECT ON THE DATE INDICATED. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

SECTION 25 - CONTACT INFORMATION

QUESTIONS ABOUT THESE TERMS OF SERVICE SHOULD BE SENT TO BATRIXCAPE@GMAIL.COM.