TERMS & CONDITIONS

1. Information About Us
I am operating diegopinerashop.com and related properties (the "website"). I am a private person who is offering artis related productsa from Diego Pinera, drummer and composer. All references in this policy to "our websites" are a reference to the websites owned by Diego Pinera.

To contact us, please see our Contact Us page.

2. Registration
In order to access certain content, material, products or services on the website, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Diego Pinera will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

Additional information may be collected by Diego Pinera or its third-party providers for security and anti-fraud purposes. You confirm that the personal information you provide to us via the website is true, valid, complete and up-to-date in all respects. Should any of the information you provide on the website change, please login to your account and update such information directly on the website.

Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information and the procedures that we have in place to protect your privacy. If you have any questions about how we use your personal data please contact shop@diegopinerashop.com.

3. General Restrictions on Use
You agree to use the website only for purposes that are permitted by these Terms of Use, and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the website for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purpose.

You will not (and will not attempt to):

    (a) Access the website by any means other than through the interface that is provided by Diego Pinera Shop;

    (b) Gain unauthorised access to ,Diego Pinera Shop’ computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the website ,Diego Pinera Shop’ networks and computer systems;

    (c) Access the website through any automated means or with any automated features or devices (including use of scripts or web crawlers);

    (d) Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

    (e) Reproduce, duplicate, copy, sell, trade, or resell any aspect of the website for any purpose; and

    (f) Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Allbirds in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

Diego Pinera may, at our discretion and without notice, restrict access to and availability of the website.

4. Content
As between you and Diego Pinera, Diego Pinera owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyright, trademarks, service marks, trade dress, and other intellectual property rights associated with them, in or made available through the website (“Website Content”), as well as the selection, coordination, arrangement, and organisation and enhancement of the Website Content. All Website Content is protected by intellectual property laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Content. As between you and Allbirds, all names, trademarks, symbols, slogans, or logos appearing on the website are proprietary to Allbirds or its affiliates, licensors, or suppliers. Use or misuse of these is expressly prohibited and may violate intellectual property law. Under no circumstances will you have any rights of any kind in or to the Website Content, other than the right to use the Website Content in accordance with these Terms of Use.

Certain features of the website may allow you to contribute feedback and other information to the website for access, use, viewing, and commentary by other users of the website (collectively, “User Generated Content”). By posting User Generated Content or any other content, you promise that you have the full legal right to provide the User Generated Content and content, and that use of the User Generated Content and content by Diego Pinera on the website, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) breach any law or agreement; or (c) constitute disclosure of any confidential information owned by any third party. By submitting User Generated Content or other content to Allbirds, you grant Diego Pinera worldwide, on-going, transferable, licence to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Generated Content and other content, all without any payment to you. To be clear, Diego Pinera shall also be under no obligation: (a) to maintain any User Generated Content in confidence; (b) to pay you in any way for your User Generated Content; or (c) to respond to any User Generated Content. Diego Pinera may review any content submitted to the website. Allbirds shall refuse or delete any content that we believe violates these Terms of Use, any laws or regulations or any third party rights.

5. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions on the website at any time without prior notice.

6. Disclaimers and Warranties
Except where due to our breach of these Terms of Use or failure to use reasonable skill and care, we make no promises: (i) that the website, Website Content, Products, advice, information or links provided on the website will meet your requirements; (ii) that the website will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the website will be corrected; (iv) regarding the Website Content, advice, information or links provided by any third parties or users; and (v) that the website will be error-free or that any errors will be corrected.

You understand that the technical processing and transmission of any Website Content and User Generated Content may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the website or the internet, including, for example, personal information such as your name or address. Except where this is due to our breach of these Terms of Use or failure to use reasonable skill and care, Diego Pinera assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the website, including any injury or damage to you or to any person’s computer related to or resulting from use of the website.

7. Limitation of Liability
Nothing in these Terms of Use excludes or limits Diego Pinera ' liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law or mandatory local law.

If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a result of our breach of these Terms of Use or our negligence and that is causally related to the event giving rise to our liability.
Also, we only supply the website for domestic or private use. You agree not to use the website for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8. Links to Other Websites
The website may contain links or references to other websites outside of our control. Links to other websites may use our website logo or style as a result of a co-branding agreement. These websites may set cookies on your browser and may collect personally identifiable information about you and make use of that data in ways that this website would not. Please be aware that Allbirds has no control over these websites and that these Terms of Use do not apply to any third party websites. Allbirds encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter. Diego Pinera shall not in any way be responsible for your use of third-party websites.

9. Complaint Procedures
If you believe that any content on this website infringes your intellectual property or other rights, please notify Diego Pinera by email at shop@diegopinera.com with a comprehensive detailed message setting out the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; and (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content that is objectionable.

10. Changes to these Terms of Use
We may revise these Terms of Use at any time to reflect changes in or to:

    (a) Relevant laws or regulatory requirements;

    (b) Security, technical or operational issues;

    (c) Website's functionality or features.

If we change these Terms of Use, we may notify you on the website.

11. Applicable Law
These Terms of Use, their subject matter and its formation, are governed by German law. However, if you are a consumer and resident of any other European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights as a consumer to rely on these local law mandatory provisions and legal rights. You and we both agree that the courts of Germany will have non-exclusive jurisdiction. However, if you are a consumer and resident of any other European Union country you and we may also bring proceedings in that country.

12. Business Terms
If you are a business, the following terms apply instead of the corresponding terms above)

Limitation of Liability (applying instead of clause 7):

Nothing in these Terms of Use of use excludes or limits Diego Pinera liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by German law or mandatory local law. We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with these Terms of Use for:

    Any loss of profits, sales, business or revenue;

    Business interruption;

    Loss or corruption of data, information or software;

    Loss of anticipated savings;

    Loss of business opportunity, goodwill or reputation; or

    Any indirect or consequential loss or damage.

Applicable Law (applying instead of clause 11):

These Terms of Use, their subject matter and its formation (and any non-contractual disputes or claims) are governed by German law. We both agree to the exclusive jurisdiction of the courts of Germany.

Terms & Conditions of Sale
This page tells you information about us and the legal terms and conditions (" Terms") that apply to the products (" Products") listed on our website. These Terms are only available in English and will apply to any contract between us for the sale of Products to you (" Contract").

Please read these Terms carefully before ordering any Products from our website. Please note that by ordering any of our Products, you agree to be bound by these Terms. We will keep a record of all Contracts, which are available on request.

You may only purchase Products from our website if you are at least 18 years old, or are doing so on behalf of a business. If you are under the age of 18 or cannot lawfully enter into a contract, please ask your parent or guardian to review these Terms, and register and / or place an order on your behalf.

If you refuse to accept these Terms, you will not be able to order any Products from our website. You should print a copy of these Terms, or save them to your computer, for future reference.

1. Information about Diego Pinera Shop

We operate diegopinerashop.com and related properties (the " website").  All references in this policy to "our websites" are a reference to the websites owned by Diego Pinera.

To contact us, please see our Contact page.

2. Our Products
The images of the Products on our website are for illustrative purposes only. Although Diego Pinera has made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

Diego Pinera reserve the right to change the assortment of Products offered and to limit the quantity of Products that may be purchased at any time, without prior notice.

All Products shown on our website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.

3. Use of Our Website
Your use of our website is governed by our website's Terms of Use. Please take time to read these, as they include important terms which apply to you.

4. How We Use your Personal Information
Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information and the procedures that we have in place to protect your privacy. If you have any queries about how we use your personal data please contact shop@diegopinera.com.

5. Diego Pinera Shop Obligations to you
Diego Pinera Shop is under a legal duty to supply Products which conform with a Contract, including that the Products are as described and match information we provided to you and any model seen or examined by you, are of satisfactory quality and are fit for any particular purpose made known to us. Nothing in these Terms will affect these legal rights. Advice about your legal rights as a consumer is available from your local Citizens' Advice Bureau or Trading Standards office.

6. How the Contract is Formed Between you and Diego Pinera Shop
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an email from Diego Pinera Shop  acknowledging that we have received your order. We will confirm our acceptance to you by sending you a confirmation email that confirms that the Products have been ordered. The Contract between us will only be formed when we send you the confirmation email.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. Your Right of Return and Refund

You have the right to cancel a Contract during the period set out below. This means that during that period, if you change your mind, or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

Your right to cancel a Contract starts from the date of the email confirmation, which is when the Contract between us is formed. You then have a period during which you may cancel a Contract and return the Product, and that period continues until the end of 30 days starting from the day after you receive the Products. Products must be returned to us and accompanied by the invoice we sent you.

To cancel a Contract, please send us an E-Mail to shop@diegopinera.com
If you exercise your right to cancel, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and in any case within 30 days from the day we receive the Products back, or you provide evidence that you have returned them. We will make the refund using the same means of payment as you used for the initial purchase, unless you expressly agree otherwise, and you will not incur any fees for receiving that refund.
In case you ordered digital products the delivery by download link will happen immediately. We can not refund these items because of their non-physical conditions.
As a consumer, you will always have legal rights regarding cancellation in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

8. Delivery
Your order will be fulfilled by the estimated delivery date set out in the email confirmation, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.

Delivery will be completed when we deliver the Products to the address you gave us.

The Products will be your responsibility from the completion of delivery.

You own the Products once we have received payment in full, including all applicable delivery charges.

Please note that there are a small number of postcodes, usually in remote rural areas, to which we may not be able to deliver within the provided timescale. If you have any queries regarding your order, please contact shop@diegopinera.com.

9. Delivery Charges
You will not be charged for standard delivery and all other delivery charges will be made known to you as part of our order process and are as quoted from time to time.

10. Prices and Promotions
The prices of the Products will be as quoted on our website from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication.

Any changes in price will not affect any order which we have confirmed with an email confirmation.

The price of a Product includes VAT at the applicable current rate chargeable for the time being, and all other applicable taxes.

The price of a Product does not include any applicable delivery charges.

Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

Diego Pinera Shop reserves the right to alter the terms or duration of any special offers or sale promotion. From time to time our retail stores may run special local promotions on our Products (which may not be available on our website) or we may offer special promotions on our website that are not available in our retail stores. For these reasons you may sometimes find that Products on our website are priced differently to those in our retail stores.

11. Payment
Payment must be made by one of our accepted payment methods which will be made known to you.

Should you be paying by credit or debit card, your bank may place a pending hold on these funds. This is out of the control of Diego Pinera Shop . This payment will be released when payment for your order is requested by Diego Pinera Shop.

12. Liability
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a result of our breach of these Terms or our negligence and that is causally related to the event giving rise to our liability.

We only supply the Products for domestic or private use. You agree not to use a Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for intent or gross negligence, for breach of your legal rights in relation to the Products (including the right to receive Products which are as described and match information we provided to you and any sample or model seen or examined by you, of satisfactory quality, and fit for any particular purpose made known to us) and for defective products under the Consumer Protection Act 1987.

13. Event Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.

If an event outside our control takes place that affects the performance of our obligations under a Contract:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over.

14. Communications Between Us
When we refer in these Terms to "in writing," this will include email.

(a) If you wish to contact us in writing for any other reason, you can send an email to shop@diegopinera.com.

(b) And if we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

15. Changes to these Terms
We may revise these Terms of Use at any time to reflect changes in or to:

(a) The Products;

(b) Relevant laws or regulatory requirements; or

(c) Security, technical or operational issues.

If we change these Terms of Use, we may notify you on the website. If we have your e-mail address, we may also decide to e-mail you with information on those changes.

16. Disputes
We will do our best to resolve any complaints or disputes over these Terms.

Please submit your complaint or claim to us at: shop@diegopinera.com. We aim to respond within 72 hours.

If we are unable to resolve the issue, and you are a consumer, you can submit your complaint or claim to the European Commission Online Dispute Resolution platform

17. Other Important Terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

A Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms, their subject matter and its formation, are governed by English law. However, if you are resident of any other European Union country you will benefit from mandatory consumer provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Use affects your rights to rely on these local law mandatory consumer provisions and legal rights. You and we both agree that the courts of Germany will have non-exclusive jurisdiction. However, if you are a consumer and resident of any other European Union country you and we may also bring proceedings in that country.

18. If You Are a Business
If you are a business, the following terms apply instead of the corresponding terms above).

Liability (applying instead of clause 12):

We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

We do not limit in any way our liability for:

    Death or personal injury caused by our negligence;

    Defective products under of the Consumer Protection Act 1987;

    Fraud or fraudulent misrepresentation;

    Intent or gross negligence; or

    Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:

    Any loss of profits, sales, business or revenue;

    Business interruption;

    Loss or corruption of data, information or software;

    Loss of anticipated savings;

    Loss of business opportunity, goodwill or reputation; or

    Any indirect or consequential loss or damage.

Our total liability to you in respect of other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

Communications Between Us (applying instead of clause 14):

When we refer in these Terms to "in writing," this will include email.

Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other Important Terms (applying instead of paragraph 6 of clause 17):

These Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by German law. We both agree to the exclusive jurisdiction of the courts of Germany.

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