GDPR Data Protection

Overview. Welcome to Kratomit. The terms "we", "us" and "our" refer to Vida Diema S.L. We operate this online store and website, including all related information, content, features, tools, products and services provided to you, the customer (the "Services"). The store is powered by Shopify, which enables us to provide the Services to you. These Terms and Conditions, together with any policies referenced herein (these "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you should not use or access the Services.

1. Basic provisions

1. These Terms govern the mutual rights and obligations of Vida Diema S.L. (the "Seller") and any person purchasing as a consumer or within their business activity (the "Buyer") through the Seller's online store.
2. These Terms form an integral part of the purchase contract (the "Contract"). Specific provisions agreed in the Contract prevail over these Terms.
3. The Contract and these Terms are concluded in the English language and are governed by Spanish law and applicable EU law. This does not affect the mandatory consumer protections available to the Buyer in their country of residence.

2. Access and account

1. By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence and that you are responsible for any minor dependents who may use the Services on devices you control.
2. To use the Services you may be asked to provide certain information, such as your e-mail address, billing, payment and shipping details. You warrant that all information you provide is correct, current and complete.
3. Where a customer account is created, access is protected by a username and password, which you must keep confidential. You are solely responsible for all activity on your account and may not transfer, sell or assign it to any other person. The Seller is not liable for misuse by third parties and may cancel accounts, in particular if unused for a long period or if the Buyer breaches these Terms.

3. Our products and prices

1. Information about goods, including prices and key characteristics, is shown for each item in the online store. Prices include VAT (IVA) and are valid while displayed. Product listings are informational and do not oblige the Seller to conclude a Contract.
2. We have made every effort to display our products accurately. Colours and appearance may differ depending on your device and settings. We do not warrant that the appearance or quality of products will meet your expectations or match the on-screen rendering.
3. All product descriptions are subject to change at any time without notice. We may discontinue any product and limit quantities offered to any person, region or jurisdiction on a case-by-case basis.
4. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs or import charges, which are shown during checkout.
5. Discounts and promotions are not combinable unless expressly agreed. If promotion terms conflict with these Terms, the promotion terms govern for that promotion.
6. Specific notice. Kratom is offered as a collector's item and is not intended for human consumption.

4. Orders and formation of the contract

1. When you place an order, you make a binding offer to purchase. Orders may be placed via a customer account or by completing the checkout form without registration. Before submitting, the Buyer may review and edit the entered data. The order is submitted by clicking the order button, and the data provided is deemed correct.
2. Immediately after receiving an order, the Seller sends an automatic acknowledgement by e-mail. This acknowledgement is not acceptance of the order. The Contract is concluded only when the Seller sends an acceptance to the Buyer's e-mail, and we must receive and process your payment before an order is accepted.
3. If the Seller cannot fulfil any requirement of the order, the Seller will send a modified offer; the Contract is then concluded upon the Buyer's confirmation of that offer.
4. The Buyer may cancel an order until the Seller's acceptance is delivered, by e-mail to the address above. The Seller may be unable to accommodate cancellation requests after acceptance.
5. In the event of an obvious technical error in a displayed price, the Seller is not obliged to supply the goods at the incorrect price, even if an acknowledgement was sent; the Seller will inform the Buyer and may send a modified offer.
6. You represent that your purchases are for your own personal or household use and not for commercial resale or export, unless expressly agreed.

5. Payment and delivery

1. The Buyer may pay the purchase price and delivery costs by bank transfer. Card payment and payment via payment gateway will be added in due course. For cashless payments, the price is due within 7 days of conclusion of the Contract and is deemed paid when credited to the Seller's account.
2. Together with the purchase price, the Buyer pays the agreed packaging and delivery costs shown in the order and confirmation. The Seller does not require advance deposits; payment before dispatch is not a deposit.
3. Orders are dispatched from Spain with DHL and GLS, to the address specified by the Buyer or to a selected pickup point. The Seller dispatches the goods once the full purchase price has been credited.
4. The Buyer must take delivery at the agreed place. If redelivery or an alternative method is necessary due to the Buyer, the Buyer bears the additional costs. If a duly dispatched parcel is not collected and returns to the Seller, the Seller may deduct the outbound and return shipping costs from any refund.
5. Upon receipt from the carrier, the Buyer should check the integrity of the packaging and notify the carrier of any visible damage; where tampering is evident, the Buyer may refuse the parcel.
6. The Seller issues a tax document (invoice) and sends it to the Buyer's e-mail. Title and the risk of loss or damage pass to the Buyer upon receipt of the goods, or when the Buyer should have taken delivery but did not.
7. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing or events outside our control.

6. Right of withdrawal (consumers)

1. A Buyer who concludes the Contract as a consumer has the right to withdraw within 14 days without giving a reason, running from the day of receipt of the goods (or of the last delivery, where the order is split). To meet the deadline it is sufficient to send the withdrawal notice before the period expires.
2. The right of withdrawal does not apply, among others, to: goods made to the consumer's specifications or clearly personalised; sealed goods that are not suitable for return for health protection or hygiene reasons and were unsealed after delivery; and other cases provided by applicable law.
3. The consumer must return the goods within 14 days of withdrawal and bears the direct cost of returning them. Returned goods should be undamaged, clean and, where possible, in the original packaging; the Seller may set off any diminished value against the refund.
4. Upon withdrawal the Seller refunds all payments received, including delivery costs corresponding to the cheapest standard delivery method offered, without undue delay and within 14 days, using the same means of payment, unless otherwise agreed. The Seller may withhold the refund until the goods are returned or the consumer proves their dispatch, whichever is earlier.
5. The Seller may withdraw from the Contract in case of sold-out stock or unavailability of goods, or where the manufacturer or importer has discontinued supply, and will refund all payments within 14 days.

7. Legal guarantee and defective goods

1. The Seller is liable that the goods conform to the Contract upon delivery. Under Spanish law, the consumer benefits from a legal guarantee of conformity of 3 years from delivery for movable goods, subject to statutory exceptions (for example, defects of which the Buyer was aware, normal wear and tear, or where the defect follows from the nature of the goods).
2. In the event of a lack of conformity, the consumer may request, in accordance with the law, repair or replacement, and where appropriate a reasonable price reduction or withdrawal from the Contract.
3. Claims will be handled without undue delay. The Seller will provide written confirmation of the claim, the requested remedy and the outcome. Rights from defective performance do not apply where the Buyer knew of the defect before receipt or caused the defect.
4. Claims may be sent to the e-mail address stated above. Costs reasonably incurred in asserting a justified claim are reimbursable in accordance with the law.

8. Intellectual property

The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Vida Diema S.L., its affiliates or licensors and are protected by Spanish, EU and international intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must 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. Kratomit's names, logos and designs are trademarks of Vida Diema S.L. or its licensors. Shopify's name, logo and designs are trademarks of Shopify. All rights not expressly granted are reserved.

9. Optional tools and third-party links

You may be given access to third-party tools that we neither monitor nor control, provided "as is" and "as available" without warranties of any kind; your use of them is at your own risk. The Services may contain links to third-party websites and functionality. We are not responsible for the content or accuracy of any third-party materials and are not liable for any harm arising from your access to them. Please review the relevant third party's policies before transacting.

10. Relationship with Shopify

Kratomit 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 Vida Diema S.L. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us, 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 us.

11. Personal data and 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. Information you submit may be transmitted to and shared with Shopify and partners that may be located in countries other than where you reside, in order to provide the Services. Unless you give consent otherwise, the Seller uses your data only to perform the Contract, except for commercial communications permitted by law regarding similar goods, which you can opt out of at any time.

12. Feedback

If you submit any ideas, suggestions, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. You represent that you own or have all necessary rights to the Feedback and that it does not violate any third-party right or these Terms. We are under no obligation to keep Feedback confidential, to compensate for it, or to respond to it, and may remove Feedback we consider unlawful or objectionable.

13. Errors, inaccuracies and omissions

Occasionally information in the 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 such errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

14. Prohibited uses

You may use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose; to violate any laws or regulations; to infringe intellectual property rights; to harass or harm any person; to transmit false or misleading information or unsolicited advertising; to impersonate any person or entity; to upload viruses or malicious code; to reproduce, resell or exploit any portion of the Services; to collect others' personal information; or to use any robot, spider, scraping or data-extraction tools, AI tools or automated means to access the Services, or to bypass any security measures. We may suspend, disable or terminate your access if you breach these Terms.

15. Automated agents

These provisions apply if you use, enable or cause the deployment of an Agent to 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. No Agent may access the Services unless it identifies itself as an Agent in its HTTP user-agent string (in the form "Agent/[name]"), does not conceal that interactions come from an Agent, does not mimic human behaviour or complete CAPTCHAs intended to distinguish humans from computers, responds truthfully to questions about whether it is human or automated, and does not circumvent any measure controlling Agent access. We may limit, including by technical means, whether and how any Agent accesses the Services.

16. Customs and import

The Seller is not liable for the detention, confiscation or destruction of a shipment by customs or other authorities in the Buyer's country. In such cases there is no entitlement to compensation or reshipment. The Buyer is responsible for compliance with the laws of their country regarding the purchase, import and any use of the products, and declares they are of legal age (18+).

17. Termination

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you remain liable for all amounts due up to the date of termination. Sections that by their nature should survive termination (including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law and Privacy) continue to apply.

18. Disclaimer of warranties

The information presented through the Services is provided for general information purposes only, and any reliance you place on it is at your own risk. Except as expressly stated by the Seller, the Services and all products offered through them are provided "as is" and "as available", without any representation, warranties or conditions of any kind, express or implied, except for the mandatory legal guarantees and consumer rights that cannot be excluded under applicable law. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Nothing in these Terms limits any statutory rights you have as a consumer.

19. Limitation of liability

To the fullest extent permitted by law, and without prejudice to mandatory consumer rights, in no case shall Vida Diema S.L., our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost data or replacement costs, arising from your use of the Services or any products procured through them, even if advised of their possibility.

20. Indemnification

You agree to indemnify, defend and hold harmless Vida Diema S.L., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

21. Out-of-court dispute resolution

Where the Buyer is a consumer, disputes arising from the Contract may be submitted to the competent Spanish consumer protection authorities and the consumer arbitration system (Sistema Arbitral de Consumo). The European Commission's Online Dispute Resolution (ODR) platform is available at https://ec.europa.eu/consumers/odr. The Seller carries out its activity on the basis of the applicable authorisations under Spanish law.

22. Final provisions

1. These Terms and the Contract are governed by the laws of Spain. Where the relationship contains an international element, the parties agree that Spanish law applies, without prejudice to the consumer's mandatory rights. The competent courts are those of Barcelona, unless mandatory consumer rules provide otherwise.
2. If any provision of these Terms is found unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted and the remainder shall remain in full force and effect.
3. Our failure to enforce any right or provision is not a waiver of it. These Terms, together with any policies posted by us, constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.
4. You may not assign or transfer these Terms or your rights without our prior written consent. We may assign or transfer them without notice. The headings used are for convenience only.
5. You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting changes here, and will notify you of material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

23. Contact

Questions about these Terms should be sent to info@kratomit.shop.

Vida Diema S.L.
NIF: B21901327
Calle Casp 118, Barcelona, Spain
info@kratomit.shop