Terms of service

OVERVIEW

Welcome to Trimag. The terms “we”, “us”, and “our” refer to BALL HEAD SYSTEM, S.L. (hereinafter, “Trimag dev”). Trimag dev operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the “Services”). Trimag dev is powered by Shopify technology, which enables us to provide these Services.

These Terms of Service (the “Terms”), along with all policies referenced herein, outline your rights and responsibilities when using the Services.

Please read these Terms carefully, as they contain important information regarding your legal rights, including waivers and limitations of liability. By accessing, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to them, you may not use the Services.

SECTION 1: ACCESS AND ACCOUNT

Age Requirement: You represent that you are at least the age of majority in your country of residence. Where applicable, you declare that you have given us your consent to allow any of your minor dependents to use the Services on devices you own or manage.
Data Accuracy: To use the Services (e.g., browsing the store or making a purchase), you may be asked to provide information such as your email, billing and shipping addresses, and payment method. You warrant that the information provided is accurate, current, and complete, and that you are authorized to provide it.
Account Security: You are solely responsible for safeguarding your credentials and for any activity under your account. You may not transfer, sell, or assign your account or any linked licenses to third parties.

SECTION 2: OUR PRODUCTS

Product Representation: We strive to represent our products and services accurately. However, colors and appearances may vary depending on your device and display settings.
Expectations: We do not warrant that the appearance or quality of the products/services will meet your expectations or be completely identical to the images shown.
Modifications: Product descriptions are subject to change without notice. We reserve the right to discontinue products or limit quantities per person, region, or jurisdiction at our sole discretion.

SECTION 3: ORDERS

Order Acceptance: By placing an order, you are making an offer to purchase. Trimag dev may accept or decline your order at its sole discretion. An order is considered accepted once we confirm it and process your payment. Please review your order carefully before submitting, as we may not be able to accommodate cancellations once accepted.
Cancellations & Modifications: If we do not accept, or if we modify or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided.
Returns: Purchases are subject to our Refund and Return Policy [[LINK]].
Intended Use: You declare that you are purchasing for personal or household use, and not for commercial resale or export.

SECTION 4: PRICING AND BILLING

Pricing: Prices, discounts, and promotions may change without notice. The applicable price is the one in effect at the time the order is placed and will be stated in the confirmation email. Unless explicitly stated otherwise, prices include VAT (where applicable) but do not include shipping, handling, or other surcharges displayed during checkout.
Promotions & Third Parties: Online store prices may differ from those on third-party channels. Promotions may be governed by specific terms; in case of conflict, the promotion's terms will prevail.
Billing Information: You agree to provide truthful and updated purchase, payment, and account information (including expiration dates). You warrant that:
- (i) your payment information is accurate;
- (ii) you are authorized to use it;
- (iii) your payment provider will honor the charges; and
- (iv) you will pay the amounts due, including applicable taxes and fees.

SECTION 5: SHIPPING AND DELIVERY

Delivery Times: We provide estimated delivery times; these are not guaranteed. We are not liable for delays caused by carriers, customs procedures, or events beyond our control.
Transfer of Risk (EU Consumers): The risk of loss passes to the consumer when the consumer, or a designated third party other than the carrier, acquires physical possession of the goods. If the consumer arranges their own transportation not offered by us, the risk passes upon delivery to the consumer's chosen carrier.
Title: Title to the goods transfers in accordance with applicable law once delivered to the consumer (or authorized third party).

SECTION 6: INTELLECTUAL PROPERTY

Ownership: The Services and their contents (trademarks, texts, images, graphics, audiovisuals, designs, selection, and arrangement) are the property of Trimag dev, its affiliates, or licensors, and are protected by Spanish and EU intellectual and industrial property laws.
Usage Rights: You are granted a personal, non-commercial right to use the Services. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any material from the Services without our written consent.
No Granted Licenses: Nothing in these Terms confers any license or right to patents, trademarks, copyrights, or other rights of Trimag dev, Shopify, or third parties. We reserve all rights not expressly granted.
Trademarks: The names, logos, products, designs, and slogans of Trimag dev are trademarks of Trimag dev, its affiliates, or licensors. Shopify's trademarks belong to Shopify. All other trademarks belong to their respective owners.

SECTION 7: OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available,” without any warranties, representations, or endorsements. You assume the risk of using them and should review the terms of the relevant third-party providers. Any new features or resources added to the Services will also be subject to these Terms.

SECTION 8: THIRD-PARTY LINKS

The Services may include materials and links from third parties. We are not responsible for evaluating their accuracy or content, and accessing them is at your own risk. We are not liable for any damages related to the purchase or use of goods, services, or resources from third-party websites. Please review their policies before engaging in any transaction and direct any complaints to the third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

Trimag dev uses Shopify technology to host and deliver the Services. However, all purchases made on our store are directly between you and Trimag dev. By using the Services, you acknowledge that Shopify is not responsible for sales between you and Trimag dev, including any damages or losses arising from the products/services purchased. You hereby release Shopify and its affiliates from any claims or liabilities arising from your transactions with Trimag dev.

SECTION 10: PRIVACY POLICY

Personal information submitted through the Services is governed by our Privacy Policy [[LINK]]. Some data may also be subject to Shopify’s Privacy Policy (see our Privacy Policy for relevant links). Because the Services are hosted on Shopify, Shopify collects and processes data related to your use to provide and improve the platform. Information you submit may be transferred to and shared with Shopify and third parties across international borders.

SECTION 11: USER COMMENTS AND FEEDBACK

Licensing: If you send us ideas, suggestions, comments, reviews, proposals, or other content (“Feedback”), you grant us a worldwide, non-exclusive, perpetual, transferable, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial uses.
Warranties: You warrant that: (i) you hold the necessary rights to the Feedback; (ii) you have disclosed any compensation received; and (iii) your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, pay compensation, or respond to it.
Moderation & Responsibility: We may monitor, edit, or remove Feedback we deem unlawful, offensive, defamatory, obscene, or in violation of third-party rights or these Terms. You warrant your Feedback does not infringe on third-party rights (copyright, trademark, privacy, etc.) or contain malware. You may not use a false email, impersonate others, or mislead us. You are solely responsible for your Feedback.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors, update information, or cancel orders if any information is inaccurate, at any time and without prior notice (even after an order has been submitted).

SECTION 13: PROHIBITED USES

You may only use the Services for lawful purposes. You are strictly prohibited from using the site or its content to:

Engage in any unlawful act or solicit others to perform unlawful acts.
Violate any applicable international, federal, provincial, or state regulations, rules, or laws.
Infringe upon or violate our intellectual property rights or those of others.
Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate.
Submit false or misleading information.
Upload material that violates these Terms, or transmit viruses, spam, or malicious code.
Collect or track the personal information of others without lawful basis.
Perform unauthorized data scraping or circumvent security features.
Engage in conduct detrimental to Trimag dev, Shopify, or other users.

We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

SECTION 14: TERMINATION

We may terminate this agreement or suspend your access to the Services, in whole or in part, at our sole discretion and without notice. Any payment obligations incurred prior to the termination date will remain payable. Sections including, but not limited to, Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy shall survive termination.

SECTION 15: DISCLAIMER OF WARRANTIES

Information on the Services is provided for informational purposes only. We do not warrant its accuracy or usefulness, and you rely on it at your own risk. Unless expressly stated otherwise, the Services and products are provided “as is” and “as available,” without any implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement, to the maximum extent permitted by law. We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. Certain jurisdictions do not allow the exclusion of specific warranties, so this disclaimer may not apply to you in its entirety.

SECTION 16: LIMITATION OF LIABILITY

To the maximum extent permitted by law, Trimag dev, its directors, officers, employees, agents, contractors, suppliers, licensors, as well as Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special, or consequential damages (including lost profits, lost revenue, lost savings, loss of data, or replacement costs) arising from your use of the Services or products, even if advised of their possibility. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, gross negligence, or any liability that cannot be legally excluded.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Trimag dev, Shopify, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim, demand, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of:

Your breach of these Terms;
Your violation of any law or the rights of a third party; or
Your access to and use of the Services.

We will notify you of any indemnifiable claims; we reserve the right to control the defense and settlement, provided we do not impose non-monetary obligations on you without your reasonable consent. You agree to cooperate fully in our defense.

SECTION 18: SEVERABILITY

If any provision of these Terms 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 severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19: WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies posted by us on this site constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous communications and proposals.

SECTION 20: ASSIGNMENT

You may not assign or transfer this Agreement or any rights/obligations hereunder without our prior written consent. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent.

SECTION 21: GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of Spain. For consumers, the competent courts will be those established by consumer protection regulations. For all other users, both parties expressly submit to the Courts and Tribunals of Lleida (Spain), waiving any other jurisdiction that may apply.

SECTION 22: HEADINGS

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

SECTION 23: 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, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes when required by law. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: info@trimag.es

Merchant Details (Legal Entity):

Company Name: BALL HEAD SYSTEM, S.L. (Trimag dev)
Tax ID (CIF): B25684663
Address: Av. Garrigues 17, Entl., 25001 Lleida, Spain
Phone: +34 973 831 391
General Email: info@ballheadtechnology.com
VAT Number: ESB25684663
(Note: Commercial Registry details—volume, folio, sheet, and province—can be provided upon request).

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