Terms of service

GENERAL INFORMATION

Welcome to Absolute Division! The terms “we,” “us,” and “our” refer to Absolute Division. Absolute Division is a brand and trade name registered at the Spanish Patent and Trademark Office by Alejandro Jesús Gil del Val, the owner of the trademark Absolute Division, with Tax ID (NIF) 51472517N and business address at Calle del Roble 3, 28020 Madrid (Spain), who manages this store and website, including all information, content, features, tools, products, and services related to providing you, the customer, with a select shopping experience (the “Services”). Absolute Division uses 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 regarding 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.

 

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are of legal age and have sufficient legal capacity to enter into contracts. To use the Services, including accessing or browsing our online stores 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 occurring under 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 colors or product appearance may differ from how they are displayed on your screen due to the type of device you use to access the store and its specific settings.

Images and descriptions of products are for illustrative purposes. Although we strive to ensure the product representation is as faithful as possible, slight variations in color, finish, or presentation may exist due to the settings of the devices used by users. The foregoing is without prejudice to the warranty and conformity rights legally recognized for consumers.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product that we offer to any person, geographic region, or jurisdiction, individually.

We reserve the right to modify, update, or correct the descriptions, specifications, images, and other information related to products published in the online store at any time without notice. However, such modifications will not affect orders that have been previously confirmed by Absolute Division, which will be governed by the conditions and characteristics in effect at the time of purchase.

 

SECTION 3 - ORDERS

When you place an order through our online store, you are making an offer to purchase the selected products.

The receipt of the automatic order confirmation does not imply its definitive acceptance by Absolute Division. The sales contract shall be deemed perfected once the order has been accepted and confirmed by Absolute Division and the corresponding payment has been correctly verified.

Absolute Division reserves the right to reject or cancel orders when there is a justified cause, including, but not limited to, manifest errors in price or product description, lack of stock, suspicion of fraud, payment issues, or impossibility of delivery under the requested conditions. In such cases, the customer will be informed as soon as possible, and, if applicable, a full refund of the amounts paid will be processed.

The customer must carefully review their order data before finalizing the purchase. Once the order is confirmed, requests for modification or cancellation will be attended to provided it is materially possible and without prejudice to the rights of withdrawal and other rights recognized by applicable law.

Returns, exchanges, and refunds shall be governed by the Return and Refund Policy published in the online store.

The customer declares that the acquired products are intended for personal or professional use and not for unauthorized resale or activities contrary to applicable law.

 

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 the price in effect at the time the order is placed and will be indicated in the order confirmation sent to you via email.

All prices shown in the online store are expressed in Euros (€) and include applicable indirect taxes, unless expressly stated otherwise. Shipping costs, as well as any customs expenses, tariffs, or import taxes that may be applicable to international shipments, will be informed to the customer before finalizing the purchase when possible, or shall be borne by the buyer in accordance with applicable regulations.

Prices published in our online stores may differ from prices offered in a physical store or in other online stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing strategies and which are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. 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 transaction and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use said credit card for the purchase, (iii) the charges incurred by you will be accepted by your credit card company, and (iv) you will pay the charges incurred at the published prices, including shipping and handling fees and all applicable taxes, if any.

 

SECTION 5 - SHIPPING AND DELIVERY

Delivery times indicated in the online store are estimates and may be affected by circumstances beyond Absolute Division's control, such as logistical issues, customs procedures, weather conditions, or other force majeure events.

Absolute Division will make every reasonable effort to ensure orders are delivered within the indicated timeframes, without such timeframes being of the essence unless expressly stated otherwise.

The risk of loss or deterioration of the products shall be transferred to the customer at the moment that they, or a third party designated by them other than the carrier, acquire material possession of the products.

In case of loss, damage, or incident during transport before delivery to the customer, Absolute Division will manage the corresponding claim with the carrier company and adopt the appropriate measures to ensure the rights legally recognized to the consumer.

 

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, text, samples, images, graphics, product reviews, videos and audio, and the design, selection, and arrangement thereof, are the property of Absolute Division, its affiliate, or licensor and are protected by Spanish law, European Union law, and applicable international treaties on intellectual and industrial property.

These Terms allow you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Absolute Division, Shopify, or any third party. Unauthorized use of the Services may constitute an infringement of the intellectual and industrial property rights of Absolute Division or third parties.

All rights not expressly granted herein are reserved by Absolute Division.

The Absolute Division names, logos, product and service names, designs, and slogans are registered trademarks of Absolute Division or its affiliate or licensor. You must not use such trademarks without the prior written permission of Absolute Division. The Shopify name, logo, product and service names, designs, and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the registered trademarks of their respective owners.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party customer tools as part of the Services, which we neither monitor nor have any control over or input into.

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

Any use by you of 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 under which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the launch of new tools and resources). These new features shall also 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 by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.

We will not be liable for any damages or harm related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. 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 the third party.

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Absolute Division operates using Shopify technology, which allows us to provide you with the Services. However, any sale or purchase you make in our store is conducted directly with Absolute Division. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Absolute Division, including any injury, damage, or loss resulting from the purchase of products and services.

Shopify acts exclusively as a provider of the technological platform used for the management of the online store. Consequently, any matter related to product purchases, shipping, returns, warranties, or customer service should be directed to Absolute Division as the seller and entity responsible for the commercial transaction.

 

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [link], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here [link]. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve our Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in a country other than where you reside, for the purpose of providing you with the services. Please review our Privacy Policy to obtain more information about how we, Shopify, and our partners use your personal information.

 

SECTION 11 - COMMENTS

By posting comments, ratings, reviews, or content related to the products or services offered by Absolute Division, you authorize the company to reproduce, publish, and display such content in the online store, on social media, and in promotional materials related to the commercial activity of Absolute Division, without financial compensation and respecting in all cases the applicable regulations regarding intellectual property, data protection, and image rights.

We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to comply with our obligations and exercise our rights in accordance with the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) your comment complies with these Terms. We have no obligation (1) to maintain the confidentiality of your comment; (2) to pay compensation for your comment; or (3) to respond to your comment.

We may, but have no obligation to, monitor, edit, or remove comments that we determine, in our sole discretion, are illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violate any party’s intellectual property or these Terms of Service.

You agree that your comment will not infringe any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comment will not contain defamatory or otherwise illegal, abusive, or obscene material, or contain 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 other than yourself, or otherwise mislead us or third parties as to the origin of any comment. You are solely responsible for any comment you make and its accuracy. We take no responsibility and assume no liability for any comment posted by you or any third party.

 

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally 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.

 

SECTION 13 - PROHIBITED USES

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 illegal or malicious purpose; (b) to infringe any international, European, national, regional, or local regulation, rule, or law; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (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; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Absolute Division, Shopify, or users of the Services, or expose them to any type of liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data collection and extraction tools, devices or automated processes, automated tools, artificial intelligence systems, or any other means intended to access, collect, or exploit information in an automated manner; or (f) interfere with, bypass, or circumvent security or authorization features, robots exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

 

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or under the instruction of any person or entity and that may run on behalf of or using the person's device, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements of section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by applying technical measures, the access, use, and interaction of any Agent with the Services and how it does so.

14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the name of the Agent by including the following in the user-agent string of the request: "Agent/[agent name]"; (ii) not hide or create confusion that any access, use, or interaction comes from an Agent, such as (a) by mimicking human behavior and interaction patterns, or (b) by completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any questions or instructions that seek to determine whether interactions come from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether Agents access, use, or interact with the Services and how they do so.

 

SECTION 15 - CONTRACT TERMINATION AND ACCESS END

Absolute Division may terminate the contractual relationship or temporarily or permanently suspend access to the Services when there is a justified cause, including, among others, the breach of these Terms of Service, fraudulent use of the online store, provision of false or inaccurate information, illicit use of the Services, or any action that may harm Absolute Division, other users, or third parties.

To the extent possible and unless circumstances advise immediate action, Absolute Division may previously communicate to the user the existence of the detected breach and grant a reasonable period for its correction.

The termination of the contractual relationship or the suspension of access to the Services will not affect rights and obligations arising prior to said termination or suspension, including those derived from orders validly formalized and accepted by Absolute Division.

The user will remain responsible for all amounts that may be pending payment until the effective date of termination of the contractual relationship.

The provisions regarding intellectual and industrial property, user comments and content, limitation of liability, data protection, applicable law, conflict resolution, and any others that by their nature should remain in effect, will continue to produce effects after the termination of the contract.

 

SECTION 16 - WARRANTY DISCLAIMER

The information contained in the online store is provided for the purpose of informing users about the products and services offered by Absolute Division. Although reasonable efforts are made to keep said information updated and free of errors, the absolute absence of inaccuracies, omissions, or involuntary typos is not guaranteed.

Absolute Division will endeavor to make the Services available on a continuous basis and function correctly. However, it does not guarantee the permanent and uninterrupted availability of the online store, as temporary interruptions may occur due to maintenance work, updates, technical incidents, communication failures, or circumstances beyond its control.

Likewise, Absolute Division does not guarantee that access to the online store is completely free of errors, viruses, malicious elements, or other harmful technological components, without prejudice to adopting reasonable and adequate security measures to minimize such risks.

The characteristics, descriptions, images, technical specifications, and other information related to the products offered shall be for guidance purposes, without prejudice to the fact that the products delivered must adjust to the contracted conditions and meet the legally required conformity requirements.

Nothing in these Terms of Service shall limit, exclude, or affect the rights corresponding to consumers and users under current legislation regarding consumption, legal warranties, liability for defective products, or any other mandatory provision that may be applicable.

The products marketed by Absolute Division have the legally required warranties in accordance with the applicable regulations at any given time.

 

SECTION 17 - LIMITATION OF LIABILITY

Absolute Division will not be responsible for damages or losses that may arise from temporary interruptions in the availability of the online store, technical incidents, electronic communication errors, cyberattacks, third-party actions, or force majeure circumstances beyond its reasonable control.

Likewise, Absolute Division will not be liable for damages resulting from the misuse of products by the user, their use contrary to the provided instructions, or actions carried out by third parties unrelated to the company.

Absolute Division's liability shall be limited to damages that are directly and immediately attributable to willful or negligent conduct by the company, in the terms provided by applicable law.

In no case shall this limitation of liability affect the rights legally recognized to consumers and users, nor the liability that could arise from defective products, breach of contract, personal injury, or any other case with respect to which applicable law does not allow for the exclusion or limitation of liability.

These limitations shall be interpreted and applied to the maximum extent permitted by applicable law.

 

SECTION 18 - USER LIABILITY

The user shall be liable to Absolute Division and to third parties for damages that may arise from the breach of these Terms of Service, the illicit use of the online store, or the violation of third-party rights performed through the Services.

In particular, the user shall be responsible for the accuracy of the information provided, the content they post or submit through the platform, and the use they make of the Services offered by Absolute Division.

When, as a consequence of actions attributable to the user, third-party claims, administrative sanctions, or judicial resolutions arise that generate damages or losses to Absolute Division, the user shall be obliged to compensate for the damages effectively caused in the terms provided by applicable law.

 

SECTION 19 - 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 maximum 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 the remaining provisions.

 

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

The failure by 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 constitute 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 version of the Terms of Service).

These Terms of Service shall be interpreted in accordance with applicable law and the principles of good faith in contracting. In case of doubt or interpretative discrepancy, the provisions of current regulations shall apply.

 

SECTION 21 - ASSIGNMENT

The user may not assign, transmit, delegate, or transfer in whole or in part the rights and obligations derived from these Terms of Service without the prior written consent of Absolute Division.

Absolute Division may assign or transmit the rights and obligations derived from these Terms of Service in the context of corporate reorganization, business transfer, sale of a production unit, merger, split-off, corporate transformation, or business succession, provided that said assignment does not imply a reduction or impairment of the rights legally recognized to users and consumers.

The eventual assignment or transmission of the rights and obligations derived from these Terms of Service will not affect the validity of previously formalized orders or the rights acquired by users prior to said operation.

When the nature of the operation so advises, Absolute Division may inform users of said assignment or transmission by publishing it in the online store or by any other reasonable means.

 

SECTION 22 - GOVERNING LAW AND JURISDICTION

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 the jurisdiction where Absolute Division is headquartered. You and Absolute Division agree to the jurisdiction and venue of such courts.

These Terms of Service shall be governed by and interpreted in accordance with Spanish law.

When the user has the status of a consumer, this choice of law shall not imply the deprivation of the rights corresponding to them by virtue of the mandatory provisions of the legislation of their country of habitual residence that may be applicable in accordance with European regulations.

For any dispute that may arise in relation to the interpretation, validity, execution, or compliance with these Terms of Service, the parties shall submit to the Courts and Tribunals that are competent according to applicable law.

 

SECTION 23 - HEADINGS

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

 

SECTION 24 - CHANGES TO 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 to update, modify, or replace all or part of these Terms of Service when necessary for legal, technical, organizational, or commercial reasons.

It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. 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 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to info@absolutedivision.com.

Below is our information:

Trade name: Absolute division 

Owner: Alejandro Jesús Gil del Val

NIF: 51472517N

Business address: Calle del Roble 3, 28020, Madrid, Spain

Email: info@absolutedivision.com