Terms of service

GENERAL INFORMATION

Welcome to NITRAM.

These Terms of Service govern your access to and use of our online store, as well as all services, content, features, tools, and products that we make available to you (the "Services").

Throughout these Terms of Service, the terms "NITRAM," "we," "us," and "our" refer to the brand responsible for this online store and the Services offered through it.

Our store is powered by Shopify, which enables us to provide a secure, efficient, and reliable shopping experience.

Please read these Terms of Service carefully, as they outline your rights and obligations when using our Services, as well as important information regarding warranties, limitations of liability, and other legal provisions.

By accessing, browsing, or making a purchase from NITRAM, you acknowledge that you have read, understood, and agreed to these Terms of Service and our Privacy Policy. If you do not agree with any part of these Terms, please do not use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you have reached the age of majority in your state, province, or country of residence, and that you have given your consent for any of your minor dependents to use the Services on devices that 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 information, payment details, and shipping information. You represent and warrant that all information you provide through our store is accurate, current, and complete, and that you have all necessary rights and authority to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person or entity.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to display our products and services as accurately as possible on our online store. However, please note that product colors and appearance may vary depending on the device and display settings you use to access our store.

We do not guarantee that the appearance, quality, or performance of any product or service you purchase will meet your expectations or exactly match how it is displayed or described on our online store.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and to limit the quantities of any product we offer to any individual, geographic region, or jurisdiction.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase our products. NITRAM reserves the right to accept or reject any order at its sole discretion and for any reason. Your order will not be accepted until NITRAM confirms its acceptance. We must receive and successfully process your payment before your order can be accepted.

Please review your order carefully before completing your purchase, as NITRAM may not be able to process cancellation requests once an order has been accepted. If we decline, modify, or cancel your order, we will make reasonable efforts to notify you using the email address, billing address, or phone number provided when the order was placed.

Returns and exchanges are subject exclusively to our Refund Policy.

You represent and warrant that any purchase made through our store is for your personal or household use only and is not intended for resale or commercial export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for any product or service will be the price in effect at the time your order is placed and will be confirmed in the order confirmation email sent to you. Unless expressly stated otherwise, all published prices exclude applicable sales taxes and shipping charges.

Prices displayed on our online store may differ from prices offered through third-party marketplaces or promotional campaigns. From time to time, we may offer promotions that are subject to separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms of Service, the terms of the applicable promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions made through our store. You also agree to promptly update your account and any related information, including your email address, payment details, and expiration dates, so that we can process your transactions and contact you when necessary.

You represent and warrant that: (i) all payment information you provide is true, accurate, and complete; (ii) you are duly authorized to use the payment method provided; (iii) all charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred at the published prices, including applicable sales taxes, shipping charges, and any other applicable fees.

SECTION 5 – SHIPPING AND DELIVERY

NITRAM currently accepts and ships orders only to addresses located within the United States.

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We shall not be liable for delays caused by shipping carriers or events beyond our reasonable control.

Risk of loss or damage passes to you upon delivery of the products to the shipping address provided in your order.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, text, templates, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are the property of NITRAM and its licensors, and are protected by U.S. and international copyright, trademark, trade dress, and other applicable intellectual property laws.

These Terms of Service grant you a limited, non-exclusive, non-transferable right to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing contained herein grants or shall be construed as granting you any license or other rights under any copyright, trademark, or other intellectual property rights of NITRAM, Shopify, or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by NITRAM.

The NITRAM name, logo, product names, service names, designs, and slogans are trademarks of NITRAM or its licensors. You may not use any of these trademarks without NITRAM's prior written permission. Shopify's name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing within the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools or services as part of the Services. These tools are provided by third parties over whom we have no control, and we do not monitor, manage, or contribute to their operation.

You acknowledge and agree that access to such third-party tools is provided "as is" and "as available," without any warranties, representations, conditions, or endorsements of any kind. We assume no liability whatsoever arising from or relating to your use of any optional third-party tools.

Your use of any optional tools made available through the Services is entirely at your own risk and discretion. It is your responsibility to ensure that you understand and agree to the terms and conditions under which those tools are provided by the relevant third-party providers.

We may also introduce new features, functionalities, tools, or resources through the Services in the future. Any such new features shall also be considered part of the Services and will be governed by these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials, content, or hyperlinks to websites, applications, or services provided or operated by third parties, including embedded third-party functionality. We do not control and are not responsible for the content, accuracy, legality, or reliability of any third-party materials or websites that you choose to access. If you leave the Services to visit any third-party website or service, you do so entirely at your own risk.

We shall not be liable for any loss, damage, or harm arising from or related to your access to, purchase from, or use of any third-party website, product, service, resource, or content. Please review the applicable policies and terms of any third-party provider carefully before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

NITRAM operates an online store hosted on Shopify, which provides the e-commerce platform used to offer our Services. However, all purchases and sales made through our online store are conducted directly between you and NITRAM.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and NITRAM, including, without limitation, any injury, loss, damage, or claim arising from the purchase of products or services through our store.

To the fullest extent permitted by applicable law, you expressly release Shopify and its affiliates from any and all claims, liabilities, damages, or losses arising out of or relating to your purchase from, or transactions with, NITRAM.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is processed in accordance with our Privacy Policy. By using the Services, you acknowledge that you have read and accepted our Privacy Policy.

Because the Services are hosted on Shopify, Shopify collects and processes certain personal information related to your access to and use of the Services in order to operate, maintain, and improve its platform. The information you provide may be shared with Shopify and with trusted third-party service providers involved in operating the Services, including providers located in different countries, in accordance with applicable data protection laws.

For more information about how we collect, use, process, and protect your personal information, please refer to our Privacy Policy.

SECTION 11 – USER SUBMISSIONS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Submissions"), you grant NITRAM a perpetual, worldwide, royalty-free, transferable, sublicensable, and irrevocable license to use, reproduce, modify, publish, distribute, display, and otherwise exploit such Submissions in any medium and for any purpose, including commercial purposes. We may, for example, use this license to operate, provide, evaluate, improve, optimize, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that: (i) you own or otherwise control all rights necessary to submit such Submissions; (ii) you have disclosed any compensation, sponsorship, or incentive received in connection with your Submission; and (iii) your Submission complies with these Terms of Service. We are under no obligation to (1) maintain any Submission in confidence; (2) provide compensation for any Submission; or (3) respond to any Submission.

We reserve the right, but have no obligation, to monitor, edit, remove, or refuse any Submission that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, obscene, pornographic, or otherwise objectionable, or that infringes the intellectual property rights of any person or violates these Terms of Service.

You agree that your Submissions will not violate any third party's rights, including copyright, trademark, privacy, publicity, or any other personal or proprietary rights. You further agree that your Submissions will not contain defamatory, unlawful, abusive, or obscene material, nor any computer virus, malware, or other harmful code that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person or entity, or otherwise mislead us or others regarding the origin of any Submission. You are solely responsible for the content and accuracy of any Submission you make. NITRAM assumes no responsibility or liability for any Submission posted by you or by any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information provided through the Services is inaccurate, at any time and without prior notice, including after you have submitted your order.

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 unlawful or malicious purpose;

(b) to violate any applicable international, federal, state, provincial, or local law, regulation, rule, or ordinance;

(d) to harass, abuse, insult, harm, defame, slander, intimidate, or otherwise mistreat our employees or any other person;

(e) to submit or transmit false, misleading, or fraudulent information;

(f) to upload, download, use, transmit, receive, or otherwise distribute any material that does not comply with these Terms of Service;

(g) to transmit or facilitate the transmission of any unsolicited advertising or promotional material, including spam, chain letters, junk mail, or similar solicitations;

(h) to impersonate or attempt to impersonate any person or entity; or

(i) to engage in any conduct that restricts or inhibits another person's use or enjoyment of the Services, or that, in our sole judgment, may harm NITRAM, Shopify, other users of the Services, or expose any of them to liability.

In addition, you agree not to:

(a) upload or transmit viruses, malware, or any other malicious code that could affect the functionality, security, or operation of the Services;

(b) reproduce, duplicate, copy, scrape, sell, resell, or otherwise exploit any portion of the Services without our prior written permission;

(d) engage in phishing, pharming, spamming, pretexting, or any other fraudulent or deceptive activity;

(e) use any robot, spider, crawler, scraper, data mining tool, automated process, artificial intelligence system (including autonomous AI agents), or any automated or manual method to access, monitor, copy, or interact with the Services without our prior written authorization; or

(f) interfere with, circumvent, disable, or otherwise attempt to bypass any security features, authentication mechanisms, robots exclusion protocols, rate limits, or any other measures we use to protect or restrict access to the Services.

We reserve the right, at our sole discretion and without prior notice, to suspend, restrict, disable, or terminate your account or access to the Services if we determine that you have violated any provision of these Terms of Service.

SECTION 14 – TERMINATION

We reserve the right, at our sole discretion, to terminate this agreement or suspend or terminate your access to all or any part of the Services at any time and without prior notice. You will remain responsible for all amounts owed up to and including the effective date of termination.

The following provisions shall survive any termination of these Terms of Service: Intellectual Property, User Submissions, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that, by their nature, are intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information provided on or through the Services is made available for general informational purposes only. We do not warrant or guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you, any other visitor to the Services, or anyone who may be informed of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY NITRAM, THE SERVICES AND ALL PRODUCTS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES OR OTHER WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NITRAM, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, COST OF REPLACEMENT, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION OF LIABILITY APPLIES TO ANY CLAIM ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF, OR RELIANCE UPON, ANY CONTENT OR PRODUCT MADE AVAILABLE THROUGH THE SERVICES, EVEN IF NITRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NITRAM, its owners, officers, employees, agents, contractors, licensors, service providers, and Shopify and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and reasonable attorneys' fees arising out of or relating to:

(i) your breach of these Terms of Service or any documents incorporated herein by reference;

(ii) your violation of any applicable law or the rights of any third party; or

(iii) your access to or use of the Services.

We will notify you of any claim subject to indemnification, provided that any failure or delay in providing such notice will not relieve you of your indemnification obligations except to the extent that you are materially prejudiced by such failure or delay.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, including the selection of legal counsel. However, we will not settle any claim that imposes any non-monetary obligation on you without your prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. You agree to cooperate fully in the defense of any such claim, including by providing all reasonably requested information and documentation.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity, legality, or enforceability of any remaining provision.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure 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, together with any policies, notices, or operating rules posted by NITRAM on this website or relating to the Services, constitute the entire agreement and understanding between you and NITRAM regarding your use of the Services. They supersede and replace all prior or contemporaneous agreements, communications, negotiations, and proposals, whether oral or written, relating to the subject matter hereof.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party responsible for drafting them.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, delegate, or otherwise convey these Terms of Service or any of your rights or obligations under them without our prior written consent. Any attempted assignment, transfer, or delegation in violation of this provision shall be null and void.

NITRAM may assign, transfer, delegate, or otherwise convey these Terms of Service, or any of our rights or obligations under them, without your consent, including in connection with a merger, acquisition, sale of assets, corporate reorganization, or by operation of law.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreement through which we provide you with the Services shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws principles.

You and NITRAM agree that the courts of Spain shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms of Service or the Services, except where mandatory consumer protection laws provide otherwise.

SECTION 22 – HEADINGS

The headings used in these Terms of Service are included for convenience only and shall not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THESE TERMS OF SERVICE

You may review the most current version of these 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 the revised version on our website. It is your responsibility to review this page periodically for changes.

Where required by applicable law, we will notify you of any material changes to these Terms of Service. Unless otherwise required by law, such changes will become effective immediately upon posting or on the effective date specified in the notice.

Your continued access to or use of the Services after any changes become effective constitutes your acceptance of the revised Terms of Service.

SECTION 24 – CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:

Email: thekermanorganization@gmail.com

Business Address:

NITRAM

Fanderia Pasealekua Ibilbidea
20100 Errenteria
Gipuzkoa
Spain