MI-SUL LABS S.L. Terms of Service.

 

INTRODUCTION:

This Legal Notice and Terms of Use (hereinafter referred to as the "Legal Notice and Terms of Use") establish the rules for accessing and using our website: https://unpopularmade.com (referred to as the "website"). The website is owned by MI-SUL LABS S.L., a company incorporated under the laws of Spain.

 

LEGAL COMPLIANCE: 

In accordance with the regulations set forth in Law 34/2002, dated July 11th, concerning services of the information society and electronic commerce, it is important to note that the ownership of this website rests with MI-SUL LABS S.L. (hereinafter referred to as "MI-SUL LABS S.L."), a Spanish company with a tax identification number of B72529852. Our company is officially registered in the Commercial Register of Barcelona under Volume [·], Folio 11, Section 48467, Sheet B-584824, Entry 1a.

 

CONTACT INFORMATION:

You can find us at the following address:

C/ Ordal, 51, 08195, Sant Cugat del Vallés, Barcelona.

 

For any inquiries, you can reach us via email:

info@unpopularmade.com

 

USER AGREEMENT:

Throughout this document, terms such as "we," "us," and "our" refer to MI-SUL LABS S.L. By visiting our website or making a purchase, you engage with our services and agree to comply with the terms and conditions laid out in this document ("Terms of Service"). These terms encompass all users of the site, including visitors, customers, vendors, merchants, and content contributors.

 

CONSENT:

Before proceeding, please read the following Terms of Service carefully. Your access to and use of our website signifies your agreement with these terms. Should you disagree with any part of this agreement, you may not access the website or use any of our services. If these terms are considered an offer, your acceptance is explicitly limited to these Terms of Service.

 

STAY INFORMED:

Please note that any future enhancements or tools added to the existing store will also be governed by these Terms of Service. To stay informed, you can always review the most current version of our Terms of Service on this page. We reserve the right to update, modify, or replace any aspect of these terms by posting updates on our website. It is your responsibility to periodically review this page for any changes. Continued use of the website after changes are posted signifies your acceptance of those changes.

 

PLATFORM AND HOSTING:

We've partnered with Shopify Inc. to host our online store. They provide the e-commerce platform enabling us to offer our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

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, or that you are the age of majority in your state or province of residence and 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, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL 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 various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 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 express written permission by us.

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

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material 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 timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents 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 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

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

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the 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 that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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 prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you 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 by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account 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. 

For more detail, please review our Returns Policy: https://unpopularmade.com/pages/return-policy

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any 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 should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay 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 otherwise objectionable or violates 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 material, or contain any computer virus or other malware that could 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 other than yourself, 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 take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as 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 acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, 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 12 - INTELLECTUAL AND INDUSTRIAL PROPERTY

All rights of industrial and intellectual property, as well as all information contained on the website (images, trademarks, graphic designs, source code, design, navigation structure, databases, and any other content appearing therein), are the exclusive property of MI-SUL LABS S.L. or, where applicable, are duly licensed by the owner. The names of other products, services, and companies appearing in this document or on the website may be trademarks or other registered distinctive signs owned by their respective and legitimate owners, and accessing or using the website shall not confer any rights upon the user regarding said trademarks and other registered distinctive signs. Likewise, all information and content on the website are protected by copyright, and the intellectual property thereof belongs to MI-SUL LABS S.L. or, where applicable, their use and exploitation have been duly authorized by the owner, and no exploitation rights related thereto are transferred to the user beyond what is strictly necessary for the proper use of the website.

In the described context, the user is solely authorized to view and make a temporary private copy of the content for their exclusive personal and private use on their computer systems (software and hardware), and they may not subsequently transfer them to third parties. With the aforementioned exceptions, the user is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, forwarding, or using them in any way, by any means or process, unless legally permitted or expressly and in writing authorized by MI-SUL LABS S.L. and/or the holder of the corresponding rights. By way of example but not limitation:

1. a) The user is not authorized to use the information contained on the website for the purpose of engaging in commercial or professional activities (direct sale or for any other commercial purpose, as well as any form of commercializing said information). 

1. b) The user is not authorized to remove, bypass, manipulate the "copyright," and other identifying data of MI-SUL LABS S.L.'s rights, as well as any protection mechanisms. 

1. c) The user is not authorized to disassemble, decompile, or reverse engineer the databases in which the website's information is stored.

Unauthorized use of the information contained on this website, its resale, as well as infringement upon the industrial and intellectual property rights of MI-SUL LABS S.L., will lead to legally established responsibilities.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

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

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

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, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions 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 case shall MI-SUL LABS S.L., 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, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the 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 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless MI-SUL LABS S.L. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made 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.

 

SECTION 15 - 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - NOTIFICATIONS:

All notifications and communications (hereinafter referred to as "notifications") from the user to MI-SUL LABS S.L. shall be deemed effective for all purposes when directed to the following email address: info@unpopularmade.com. Likewise, all notifications made by MI-SUL LABS S.L. to the user shall be considered validly executed if carried out using the data and through the means previously indicated. For these purposes, the user declares and guarantees that all information provided by them is true and accurate and that they will keep it duly updated.

This website has been developed at all times in accordance with the principles of good faith by MI-SUL LABS S.L. However, should any third party consider that their intellectual and/or industrial property rights have been infringed, they may notify it through a communication addressed to the domicile of MI-SUL LABS S.L. indicated above.

 

SECTION 17 - TERMINATION

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

These Terms of Service are effective unless and until 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.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may 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 accordingly may deny you access to our Services (or any part thereof).

 

SECTION 18 - ENTIRE AGREEMENT

The failure of us 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 in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at 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 to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - GOVERNING LAW

Any litigious matter related to the use of this website shall be subject to Spanish law, and the courts of the city of Barcelona shall have jurisdiction to resolve any issues that may arise or actions that may be brought arising from the provision of services and/or content of the website, as well as the interpretation, application, fulfillment, and/or breach of the provisions herein, unless otherwise established by imperative legal provisions.