Terms of service

TERMS OF SERVICE

OVERVIEW
Welcome to BadClaus! The terms "we", "us" and "our" refer to BadClaus. BadClaus operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). BadClaus is powered by Shopify, which enables us to provide the Services to you.

The terms below, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

Nothing in these Terms affects the rights you have as a consumer under the mandatory laws of your country of residence.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least the age of majority in your country, state or province of residence. Our products contain adult humor and are intended for adults.

To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information, such as your email address and your billing, payment and shipping details. You confirm that all information you provide is correct, current and complete, and that you have the right to provide it.

You are responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

SECTION 2 - OUR PRODUCTS
We make every effort to show our products as accurately as possible. However, colors and appearance may vary slightly depending on your screen and device settings. Product photos may include props or decorative elements that are not included with your purchase; what is included is described on each product page.

Product descriptions may change at any time. We may discontinue any product at any time and may limit the quantities we offer to any person, region or jurisdiction.

If a product you receive does not match its description or is defective, you are covered by our 90-day guarantee and by any legal guarantee that applies in your country. See our Refund Policy.

SECTION 3 - PRODUCT USE AND SAFETY
Our products are novelty decorative items with adult humor. They are not toys and are not intended for use by children.

Battery-powered products: keep batteries and battery compartments out of reach of children and pets. Swallowing batteries can cause serious injury. Do not mix old and new batteries or different battery types, insert batteries with the correct polarity, remove batteries when the product is not in use for long periods, and dispose of used batteries according to local regulations.

Unless stated otherwise on the product page, products are designed for indoor or sheltered use. Do not expose them to rain, water or extreme heat, and do not modify or disassemble them. Please use products only as intended and follow any instructions included.

SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase. We may accept or decline your order at our discretion. Your order is accepted when we send you an order confirmation and your payment has been processed. If we cannot accept, need to change or must cancel your order, we will contact you using the email, address or phone number you provided, and you will receive a full refund of any amount charged.

Please review your order carefully before submitting it. If you want to cancel an order, contact us as soon as possible; if it has not yet been shipped, we will cancel it and refund you in full. Customers in the European Union and the United Kingdom also have a 14-day right of withdrawal, described in our Refund Policy.

Returns and refunds are handled according to our Refund Policy.

Our products are sold for personal and household use, not for commercial resale.

SECTION 5 - PRICES AND PAYMENT
Prices are shown in U.S. dollars unless otherwise indicated. If you pay in another currency, your bank or card provider may apply its own exchange rate and fees. Prices, discounts and promotions may change without notice, but the price you pay is the one in effect when you place your order, as shown in your order confirmation.

Unless expressly stated, prices do not include import duties, customs fees or local taxes charged by your country on delivery. These are the buyer's responsibility, except where the law requires them to be included in the price.

From time to time we may run promotions with their own terms. If promotion terms conflict with these Terms, the promotion terms apply.

You agree to provide current, complete and accurate payment information and confirm that you are authorized to use the payment method you provide.

SECTION 6 - SHIPPING AND DELIVERY
Orders are usually processed within 1-3 business days and delivered within 4-8 business days, depending on your location. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs or events outside our reasonable control, but we will help you track your order and resolve any problem. Details are in our Shipping Policy.

Ownership of the products and the risk of loss or damage pass to you when the products are delivered to you or to the person you designate.

SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, video and audio, and their design, selection and arrangement, are owned by BadClaus, its affiliates or licensors, and are protected by intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any license to the intellectual property of BadClaus, Shopify or any third party.

The BadClaus name, logo, product names, designs and slogans are trademarks of BadClaus and may not be used without our written permission. Shopify's name, logo and related marks are trademarks of Shopify. All other names and marks on the Services belong to their respective owners.

SECTION 8 - OPTIONAL TOOLS
We may give you access to tools offered by third parties, which we do not monitor or control. These tools are provided "as is" and "as available", and your use of them is at your own risk and subject to the third party's terms. New features we add to the Services in the future are also subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS
The Services may include links to websites operated by third parties. We are not responsible for their content, accuracy, products or practices. If you access them, you do so at your own risk, and any questions or complaints about third-party products or services should be directed to that third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY
BadClaus is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with BadClaus. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and BadClaus, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with BadClaus.

SECTION 11 - PRIVACY
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. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services in order to provide and improve them. Information you submit may be transferred to and processed by Shopify and other service providers located in countries other than yours, as described in our Privacy Policy.

SECTION 12 - FEEDBACK AND REVIEWS
If you send us ideas, suggestions, feedback, reviews, photos or other content ("Feedback"), you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish and display that Feedback in any medium, including to promote the Services. Where Feedback includes your image or personal data, we will use it in accordance with our Privacy Policy and applicable law.

You confirm that you own or have the rights to your Feedback, that you have disclosed any compensation or incentive you received for it, and that it does not violate anyone's rights or contain anything unlawful, abusive, obscene or malicious. You may not use a false identity. We may, but are not required to, monitor, edit or remove Feedback that we consider unlawful or objectionable.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain errors related to product descriptions, pricing, promotions, shipping times or availability. We reserve the right to correct errors and to update information. If an error affects an order you have already placed, we will contact you, and you may choose to continue with the corrected order or cancel it for a full refund.

SECTION 14 - PROHIBITED USES
You may use the Services for lawful purposes only. You may not use them: (a) for any unlawful or malicious purpose; (b) to violate any law or regulation; (c) to infringe our intellectual property or anyone else's; (d) to harass, abuse, defame or harm any person; (e) to transmit false or misleading information; (f) to send spam or unsolicited advertising; (g) to impersonate any person or entity; or (h) in any way that restricts others' use of the Services or may harm BadClaus, Shopify or other users.

You also agree not to: (a) upload viruses or malicious code; (b) copy, resell or exploit any part of the Services; (c) collect other people's personal information; (d) phish or pretext; (e) use robots, scrapers, AI tools or other automated means to access the Services, except as permitted in Section 15; or (f) bypass any security or access-control measures. We may suspend or terminate your access if you violate these Terms.

SECTION 15 - AGENTS
15.1 This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.
15.2 No Agent may access, use or interact with the Services unless it identifies itself and operates in strict accordance with Section 15.4 at all times, and no Agent may do so if we have asked it to refrain.
15.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.
15.4 Agents must: (i) identify themselves in every HTTP/HTTPS request by including "Agent/[agent name]" in the user agent string; (ii) not conceal that they are an Agent, including by mimicking human behavior or completing or circumventing CAPTCHAs; (iii) respond truthfully to any question about whether interactions come from a human or a computer; and (iv) not circumvent any measure intended to control Agent access.

SECTION 16 - TERMINATION
We may terminate these Terms or your access to the Services at any time, and you will remain responsible for any amounts owed up to that date. Termination does not affect orders already accepted or your consumer rights regarding them. Sections that by their nature should survive termination will continue to apply.

SECTION 17 - DISCLAIMER OF WARRANTIES
Information on the Services is provided for general information purposes.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, IN OUR REFUND POLICY OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

THIS DOES NOT AFFECT ANY STATUTORY GUARANTEES OR CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER THE LAWS OF YOUR COUNTRY, INCLUDING THE LEGAL GUARANTEE OF CONFORMITY IN THE EUROPEAN UNION AND THE UNITED KINGDOM AND THE CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW.

SECTION 18 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, BADCLAUS, ITS PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THAT ORDER.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR DEFECTIVE PRODUCTS UNDER APPLICABLE PRODUCT LIABILITY LAWS, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER THE LAW OF YOUR COUNTRY.

SECTION 19 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless BadClaus, Shopify and our affiliates, partners, employees, agents, contractors, licensors and service providers from any third-party claims, losses or damages, including reasonable legal fees, arising from (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your misuse of the Services. This section does not apply to the extent it would limit your rights as a consumer under mandatory law.

SECTION 20 - SEVERABILITY
If any provision of these Terms is found unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law, and the rest of these Terms will remain in full force.

SECTION 21 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms is not a waiver of that right. These Terms and the policies posted on our site (including our Refund, Shipping and Privacy Policies) form the entire agreement between you and us regarding the Services and replace any previous agreements or versions of these Terms.

SECTION 22 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations to another entity, provided this does not reduce your rights as a consumer.

SECTION 23 - GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of Spain, where BadClaus is based. However, if you are a consumer, you also keep the protection of any mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence where the law allows it.

If you have a problem with an order, please contact us first at badclaus@use.startmail.com. Most issues can be solved quickly and amicably.

SECTION 24 - HEADINGS
Headings are for convenience only and do not affect the meaning of these Terms.

SECTION 25 - CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page. We may update them by posting changes on our website. Material changes will be communicated as required by law and will take effect on the date indicated. Changes do not apply to orders placed before they take effect. Your continued use of the Services after changes are posted means you accept them.

SECTION 26 - CONTACT INFORMATION
Questions about these Terms should be sent to badclaus@use.startmail.com.

BadClaus
Operated by: BadClaus
Address: Avenida de Andalucia, 102, El Ronquillo, Sevilla
Number: +34 670 53 33 75
Email: badclaus@use.startmail.com