Terms of service

OVERVIEW

Welcome to Ochi The Otter! The terms "we", "us" and "our" refer to Alejandro Salazar Mazabel, operating under the trade name Ochi The Otter. Ochi The Otter 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"). Ochi The Otter is powered by Shopify, which enables us to provide the Services to you.

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

SECTION 1 - LEGAL IDENTIFICATION

In compliance with Spanish Law 34/2002 (LSSI-CE), the legal owner and operator of this service is:

  • Legal Representative: Alejandro Salazar Mazabel

  • Trade Name: Ochi The Otter

  • Tax ID (NIF): 49623646L

  • Business Address: Calle Torresal 17, 1B, Torrevieja, Alicante, 03181, Spain.

  • Contact Email: contact@ochitheotter.com

SECTION 2 - 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. You are responsible for providing correct, current, and complete information, such as your email, billing, and shipping details. You are solely responsible for maintaining the security of your account credentials.

SECTION 3 - OUR PRODUCTS

We make every effort to display as accurately as possible the colors and images of our products. However, we cannot guarantee that your device’s display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

SECTION 4 - ORDERS

Your order is an offer to purchase. We reserve the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance and process payment. You represent that your purchases are for personal or household use and not for commercial resale.

SECTION 5 - PRICES AND BILLING

Unless otherwise stated, posted prices do not include taxes (VAT), shipping, or import charges. You agree to provide current and accurate payment information. You authorize us to charge all incurred costs to your provided payment method.

SECTION 6 - SHIPPING AND DELIVERY

All delivery times are estimates. Once we transfer products to the carrier, the risk of loss passes to you. We are not liable for delays caused by carriers, customs, or events outside our control.

SECTION 7 - INTELLECTUAL PROPERTY

All content on this site (images, text, logos, designs) is owned by Ochi The Otter or its licensors and is protected by international copyright and intellectual property laws. You may use the site for personal, non-commercial use only.

SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may provide access to third-party tools or links to external websites. We do not monitor or have control over these. Your use of these tools is at your own risk and subject to the third-party’s terms.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Ochi The Otter is powered by Shopify. However, any sales and purchases are made directly with Ochi The Otter. Shopify is not responsible for any aspect of the sales or any loss resulting from purchased products. You hereby release Shopify from all claims related to your transactions with us.

SECTION 10 - PRIVACY POLICY

All personal information is subject to our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you acknowledge these policies. Your data may be transmitted to and shared with third parties in other countries to provide the service.

SECTION 11 - FEEDBACK AND REVIEWS

If you send us ideas or reviews, you grant us a perpetual, worldwide license to use and publish them. We have no obligation to pay compensation or keep feedback confidential. We may remove content we deem unlawful or offensive.

SECTION 12 - ERRORS AND OMISSIONS

Occasionally, there may be errors in pricing or descriptions. We reserve the right to correct these and cancel orders if the information was inaccurate, even after the order has been submitted.

SECTION 13 - PROHIBITED USES

You may not use the site for unlawful purposes, to harass others, or to transmit viruses/malicious code. You may not scrape or use automated tools (AI agents) to access the site except as defined in Section 14.

SECTION 14 - AGENTS AND AI TOOLS

14.1 This section applies if you use an "Agent" (software/AI that takes autonomous action). 14.2 No Agent may interact with our Services unless it identifies itself clearly. 14.4 Agents must: (i) Identify as "Agent/[agent name]" in HTTP headers; (ii) Not mimic human behavior to bypass security (CAPTCHAs); (iii) Not circumvent access restrictions.

SECTION 15 - TERMINATION

We may terminate this agreement or your access at any time without notice. You remain liable for all amounts due up to the termination date.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE SERVICES AND PRODUCTS ARE PROVIDED 'AS IS' WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

IN NO CASE SHALL OCHI THE OTTER, ALEJANDRO SALAZAR MAZABEL, OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold Ochi The Otter and Shopify harmless from any claims or legal fees arising from your breach of these Terms or your violation of any law or third-party rights.

SECTION 19 - SEVERABILITY

If any part of these Terms is determined to be unlawful or void, that part shall be severed, and the remaining provisions shall continue to be valid and enforceable.

SECTION 20 - ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us, superseding any prior agreements or proposals.

SECTION 21 - ASSIGNMENT

You may not transfer your rights under these Terms. We may assign our rights and obligations without your consent.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of Spain. Any disputes shall be resolved in the courts of Torrevieja, Alicante.

SECTION 23 - CHANGES TO TERMS

We reserve the right to update these Terms at any time. Your continued use of the website following changes constitutes acceptance of the new Terms.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to:

  • Trade Name: Ochi The Otter

  • Email: contact@ochitheotter.com

  • Address: Calle Torresal 17, 1B, Torrevieja, Alicante, 03181, Spain.

  • Tax ID: 49623646L