Terms of service

GENERAL INFORMATION
Welcome to TheNitroBottle! The terms “we”, “us” and “our” refer to TheNitroBottle. TheNitroBottle 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”). TheNitroBottle is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, disclaimers of liability and limitation of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services on the devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of
the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is accurate, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, please note that colors or product appearance may differ from how they are displayed on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as displayed or presented in our online stores.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and we may limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. TheNitroBottle reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not accepted until TheNitroBottle confirms that it accepts it. We must receive and process your payment before your order is accepted. You should review your orders carefully before making the purchase, as TheNitroBottle may not be able to accommodate a cancellation request after an order has been accepted. In the event that we do not accept, make a change to or cancel an order, we will attempt to notify you by contacting you at the email address, billing address or phone number you provided at the time the order was placed.
You may return or make changes to your purchase only in accordance with our refund policy thenitrobottle.myshopify.com/policies/refund-policy. 
You represent and warrant that your purchase is for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in the order confirmation email sent to you. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may differ from prices offered in a physical store or in an online store or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and that are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for any shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the carrier, customs processing or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by TheNitroBottle, its affiliate or licensor and are protected by U.S. and foreign patent, copyright and other 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, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants, or will be construed as granting, you a license or other rights under any patent, trademark, copyright or other intellectual property of TheNitroBottle, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by TheNitroBottle.
The TheNitroBottle names, logos, product and service names, designs and slogans are trademarks of TheNitroBottle or its affiliate or licensor. You must not use such trademark without the prior written permission of TheNitroBottle. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We will not be liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: this section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
TheNitroBottle is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase you make in our store is made directly with TheNitroBottle. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and TheNitroBottle, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or related to your purchase and transaction with TheNitroBottle.

SECTION 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here thenitrobottle.myshopify.com/policies/privacy-policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve our Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in a country other than where you reside, in order to provide the Services to you. Please review our Privacy Policy [LINK] to learn more about how we, Shopify and our partners use your personal information.

SECTION 11 - COMMENTS
If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively called “comment”), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such comment in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize and promote the Services and to comply with our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentive received in connection with the submission of your comment; and (iii) that your comment complies with these Terms. We are under no obligation and will have no obligation (1) to maintain any comment in confidence; (2) to pay compensation for any comment; or (3) to respond to any comment.
We may, but have no obligation to, monitor, edit or remove comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party's intellectual property or these Terms of Service.
You agree that your comment will not infringe any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comment will not contain libelous or otherwise unlawful, abusive or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or mislead us or third parties as to the origin of any comment. You are solely responsible for any comment you make and its accuracy. We take no responsibility for any comment posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information about or on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit time and availability. We reserve the right to correct any errors, inaccuracies or omissions 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).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules or laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm TheNitroBottle, Shopify or the users of the Services, or expose them to any kind of liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraper, data mining and extraction tools, automatic devices or processes, artificial intelligence tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass the security or authorization features, robot exclusion header or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have breached any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may run on behalf of or using that person's device, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.
14.3 We may limit, including by applying technical measures, whether and how any Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the name of the Agent by including the following in the request's user-agent field string: "Agent/[agent name]"; (ii) not obscure or create confusion about the fact that any access, use or interaction comes from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use, (iii) truthfully respond to any question or instruction seeking to determine whether interactions come from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Comments, 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 should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its Contents.
UNLESS EXPRESSLY STATED BY THENITROBOTTLE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR ENSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TheNitroBottle, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service 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.
We will notify you of any indemnifiable claim, provided that the failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim that involves non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You will cooperate in the defense of indemnifiable claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service 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 to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - 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 and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where TheNitroBottle is headquartered. You and TheNitroBottle consent to the personal jurisdiction and venue of such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - 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, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to hustlingjhon@gmail.com.
Our contact information is set out below:
TheNitroBottle
hustlingjhon@gmail.com
Plaza Enrique de Mesa 
1 2a

1. Right of withdrawal (14 days)

"The customer has the right to withdraw from the contract within 14 calendar days without needing to provide any justification, in accordance with Royal Legislative Decree 1/2007 and Directive 2011/83/EU."

2. Online dispute resolution

"In accordance with Regulation (EU) 524/2013, we make the EU online dispute resolution platform available to consumers: https://ec.europa.eu/consumers/odr"

3. Legal guarantee (2 years)

"The products come with a 2-year legal guarantee of conformity in accordance with applicable European regulations."

4. Jurisdiction

"For any dispute, the parties submit to the courts and tribunals of the consumer's place of domicile, in accordance with applicable Spanish and European legislation."