Terms of service

TERMS OF SERVICE
GENERAL TERMS AND CONDITIONS OF SALE

1. SELLER IDENTIFICATION

- Seller: Alejandro Rodríguez Underyte (the "Seller")
- Trading name: Bald Dive
- Tax Identification Number (NIF): 74741312Y
- Registered address: Avenida de Motril nº 1, 3.º C, 18680 Salobreña, Granada, Spain
- Customer service email: bald.dive2@use.startmail.com
- Website: balddive.com

The Seller is a sole trader established in Spain, operating an online retail business.

2. SCOPE AND ACCEPTANCE

2.1. These General Terms and Conditions of Sale (the "Terms") govern the purchase of goods
offered by the Seller through the website balddive.com (the "Store").

2.2. Placing an order constitutes express and unreserved acceptance of these Terms in the
version published at the time of purchase. The Customer must indicate acceptance before
completing the checkout process.

2.3. These Terms are supplemented by the Shipping Policy and the Return and Refund Policy
published on the Store, which form an integral part of the contract.

2.4. The Customer is advised to read and retain a copy of these Terms, which remain
permanently accessible on the Store.

3. TERRITORIAL SCOPE AND CUSTOMER CAPACITY

3.1. The Store offers its goods exclusively to consumers residing in the United States of
America, the United Kingdom, Canada and Australia. Orders for delivery to other territories
are not accepted.

3.2. The Customer confirms that they are of legal age in their country of residence and have
full legal capacity to enter into a contract. The Store does not offer goods directed at
minors or goods subject to special sectoral regulation.

3.3. Goods are sold to the Customer as a final consumer for personal use. The Seller may
decline orders which, by their volume, frequency or characteristics, reasonably indicate an
unauthorised commercial resale purpose, in which case the full amount paid will be refunded.

4. PRE-CONTRACTUAL INFORMATION

4.1. Before placing an order, the Customer is provided on the Store with information
regarding the main characteristics of each product, the total price inclusive of all
applicable taxes, the applicable currency, the fact that delivery is free of charge, the
preparation and delivery times, the accepted means of payment, and the return conditions.

4.2. The total price displayed at checkout includes all mandatory charges payable by the
Customer. No mandatory fee is added at a later stage of the purchase process.

4.3. Product images and descriptions are indicative. Minor variations in colour, shade,
texture or finish may occur due to the Customer's screen settings or manufacturing processes,
and do not constitute a lack of conformity.

4.4. The Seller will honour the prices and conditions displayed at the time the order is
placed.

4.5. Any customer reviews displayed on the Store are genuine and published without
modification of their substance. The Seller does not commission, incentivise without
disclosure, or suppress reviews.

5. ORDER PROCESS AND FORMATION OF CONTRACT

5.1. The purchase process comprises the following steps: selection of goods and addition to
the basket; entry of contact details and delivery address; selection of payment method;
review of the order summary showing the total amount; acceptance of these Terms; and
confirmation of the order.

5.2. Before confirming the order, the Customer is provided with technical means to identify
and correct input errors by amending the basket or the checkout fields.

5.3. Following confirmation, the Seller will send an order acknowledgement email to the
address provided. This acknowledgement confirms receipt of the order and does not in itself
constitute acceptance of it.

5.4. The contract is formed when the Seller communicates acceptance of the order or dispatches
it, whichever occurs first.

5.5. The Seller may decline and cancel an order, with immediate and full refund of the amount
paid, in the following circumstances:

a) The goods are unavailable from the supplier.
b) There is a material and manifest error in the published price or description of the goods.
c) Delivery to the address provided is impossible, or importation is legally restricted in the
   country of destination.
d) There are reasonable grounds to suspect fraud, identity theft or breach of these Terms.
e) Payment authorisation cannot be verified or is declined by the issuing institution.

5.6. Cancellation under clause 5.5 does not entitle the Customer to any compensation beyond
the refund of amounts actually paid.

6. PRICES, CURRENCY AND TAXES

6.1. Prices displayed on the Store are expressed in the local currency of the country of
destination selected by the Customer and represent the total amount payable for the goods.

6.2. Prices displayed in a currency other than the euro are calculated using the exchange rate
in force at the time of purchase. The Customer's payment provider may apply its own currency
conversion or international transaction fees, which are outside the Seller's control and are
not refundable by the Seller.

6.3. Delivery is free of charge to all accepted destinations, with no minimum order value.

6.4. The sale is not subject to Spanish Value Added Tax, as the goods are delivered outside the
territory in which that tax applies, in accordance with Spanish Law 37/1992 of 28 December on
Value Added Tax.

6.5. Where the Seller is required to charge value added tax, goods and services tax or any
equivalent tax in the country of destination, that tax is included in the price displayed at
checkout and no further amount is payable by the Customer.

6.6. ALL IMPORT DUTIES AND TAXES APPLICABLE IN THE COUNTRY OF DESTINATION ARE BORNE IN FULL BY
THE SELLER. Orders are shipped on a DDP (Delivered Duty Paid) basis. The Customer is not
required to pay any additional amount on delivery in respect of customs duties, import taxes,
clearance fees, handling charges or similar. If, exceptionally, the carrier or customs
authority requests payment of any such amount from the Customer, the Seller will reimburse it
in full upon presentation of the payment receipt sent to bald.dive2@use.startmail.com.

6.7. Prices may be amended at any time. Such amendments do not affect orders already confirmed.

7. ORIGIN OF GOODS AND STATUS OF THE SELLER

7.1. The Customer is expressly informed that goods are dispatched directly from the People's
Republic of China by the Seller's supplier, without prior transit through warehouses located in
Spain, the United States of America, the United Kingdom, Canada or Australia.

7.2. Accordingly, every order constitutes an importation into the country of destination and is
subject to the applicable customs procedures and controls.

7.3. This does not affect the Seller's status as the party solely responsible to the Customer
for performance of the contract, the conformity of the goods, and the handling of returns,
guarantees and refunds.

7.4. The Customer should not direct any claim to the supplier, the manufacturer or the carrier,
but exclusively to the Seller using the contact details set out in clause 1.

8. PAYMENT

8.1. The Seller accepts the payment methods enabled through Shopify Payments, including credit
and debit cards of the supported schemes, as well as payment via PayPal.

8.2. Payment is taken at the time the order is confirmed. No order will be processed unless
payment has been authorised and confirmed by the payment service provider.

8.3. The Seller does not have access to the Customer's full payment card details, which are
handled directly by the payment service provider in a secure environment in accordance with the
PCI DSS standard.

8.4. The Seller may request additional verification of the identity of the cardholder where
there are reasonable grounds to suspect fraudulent use, in which case processing of the order
will be suspended in the meantime.

8.5. The Customer is asked to contact the Seller and follow the procedures set out in these
Terms and in the Return and Refund Policy before initiating a chargeback with their payment
provider. This does not affect any right the Customer may have to contact their payment
provider directly.

9. PREPARATION AND DELIVERY TIMES

9.1. The order preparation time is 1 to 3 calendar days from confirmation of payment.

9.2. Estimated delivery times, running from dispatch of the order, are 5 to 12 calendar days
for all accepted destinations: the United States of America, the United Kingdom, Canada and
Australia.

9.3. The times stated are estimates based on information provided by the supplier and the
carriers, and are not guaranteed delivery times.

9.4. Delivery may be affected by circumstances outside the Seller's control, including customs
procedures and inspections, international transport incidents, periods of high demand, local
public holidays in the country of origin or destination, adverse weather conditions and events
of force majeure.

9.5. Each order is dispatched as a single shipment. Split or partial deliveries are not made.

9.6. Full shipping conditions are set out in the Shipping Policy published on the Store.

10. DELAYS AND CANCELLATION FOR LATE DELIVERY

10.1. If the Seller is unable to dispatch or deliver the order within the stated time, it will
notify the Customer as soon as possible, providing a revised estimated delivery date and
informing the Customer of their right to accept the delay or to cancel the order with a full
refund.

10.2. If the Customer does not accept the delay, the Seller will refund in full all amounts
paid for goods not dispatched, without the Customer having to request it.

10.3. This clause is included in compliance with the Federal Trade Commission's Mail, Internet,
or Telephone Order Merchandise Rule (16 CFR Part 435) in respect of Customers residing in the
United States of America, and with the applicable consumer protection legislation of the United
Kingdom, Canada and Australia.

10.4. An order will be treated as undelivered where, 15 calendar days after expiry of the
maximum estimated delivery time, tracking does not record effective delivery. In that case the
Customer may choose between reshipment of the goods or a full refund.

10.5. No refund or free reshipment will be made where the failure to deliver is attributable to
the Customer, in particular due to an incorrect or incomplete address, repeated absence at the
delivery address, refusal of the parcel, or failure to respond to carrier notifications. If the
parcel is returned to origin for any of those reasons, the Customer may request a further
shipment at their own cost.

11. RETURNS, CANCELLATION AND CONFORMITY OF GOODS

11.1. The Customer has 30 calendar days from delivery to request a return, in accordance with
the Return and Refund Policy, which forms an integral part of these Terms.

11.2. Customers residing in the United Kingdom additionally have the statutory right to cancel
within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013, as set out in the Return and Refund Policy.

11.3. Return shipping costs are borne by the Customer, except where the goods are faulty,
damaged in transit or do not match the order, in which case they are borne by the Seller.

11.4. Where the order has not yet been dispatched, the Customer may cancel it at no cost by
writing to bald.dive2@use.startmail.com.

11.5. The Seller is responsible for the conformity of the goods with the contract in accordance
with the Return and Refund Policy and the mandatory consumer legislation applicable to the
Customer.

12. STATUTORY CONSUMER RIGHTS

12.1. Nothing in these Terms limits or excludes any right which the Customer has under the
mandatory consumer protection legislation of their country of residence, and no provision of
these Terms shall be construed as doing so.

12.2. Customers residing in the United Kingdom retain their rights under the Consumer Rights
Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013.

12.3. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Customers residing in Australia are entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or damage, and are entitled to have the
goods repaired or replaced if the goods fail to be of acceptable quality and the failure does
not amount to a major failure.

12.4. Customers residing in Canada retain the rights granted to them by the consumer protection
legislation of their province or territory of residence.

12.5. Customers residing in the United States of America retain the rights granted to them under
applicable federal and state law.

13. CUSTOMER SERVICE

13.1. The Customer may raise any query, issue or complaint by writing to
bald.dive2@use.startmail.com.

13.2. The customer service channel is permanently available for receipt of messages. The Seller
undertakes to respond within a maximum of 72 hours from receipt.

14. LIABILITY

14.1. The Seller is responsible for the proper performance of the contract in accordance with
these Terms and applicable consumer legislation.

14.2. The Seller is not liable for damage arising from use of the goods otherwise than as
intended, failure to follow usage or care instructions, normal wear and tear, or damage caused
by the Customer or by third parties after delivery.

14.3. The Seller is not liable for failure to perform caused by force majeure, meaning
unforeseeable or unavoidable events outside its control, including transport sector industrial
action, supervening customs restrictions, natural disasters, armed conflict and acts of public
authority.

14.4. Nothing in these Terms excludes or limits the Seller's liability for death or personal
injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other
liability which cannot lawfully be excluded or limited.

15. INTELLECTUAL PROPERTY

15.1. All content on the Store, including without limitation text, photographs, graphics,
images, icons, software, graphic design and source code, together with the trading name
"Bald Dive" and associated distinctive signs, belongs to the Seller or to third parties who
have authorised its use.

15.2. Purchase of goods does not confer on the Customer any right over the trade marks,
distinctive signs or content of the Seller or its suppliers.

15.3. Reproduction, copying, distribution, public communication, transformation or modification
of the Store's content is prohibited without the Seller's express written authorisation, save
for viewing, printing or storing content for the Customer's personal and private use.

16. USE OF THE STORE

16.1. The Customer undertakes to use the Store in accordance with the law, good faith and these
Terms, and in particular not to:

a) Use the Store for unlawful purposes or in a manner which may damage, disable, overburden or
   impair it, or interfere with its normal use.
b) Introduce or distribute viruses or any other technically harmful material.
c) Attempt to access, use or manipulate data belonging to the Seller, its suppliers or other
   customers.
d) Place orders using false or incomplete details, or details belonging to third parties without
   their consent, or use payment methods of which they are not the authorised holder.

16.2. Breach of this clause entitles the Seller to refuse or withdraw access to the Store without
prior notice.

17. PERSONAL DATA

The processing of personal data provided by the Customer is governed by the Privacy Policy
published on the Store. Placing an order necessarily involves the disclosure of delivery details
to the supplier located in the People's Republic of China, and to the carriers and customs
authorities involved, as an essential requirement for performance of the contract.

18. SEVERABILITY

If any provision of these Terms is held to be void, unenforceable or unfair, that finding shall
not affect the validity of the remaining provisions, which shall continue in full force. The
affected provision shall be replaced by a valid provision reflecting the parties' original
intention as closely as possible.

19. AMENDMENTS

The Seller may amend these Terms at any time. Amendments will not have retroactive effect and
will not affect orders confirmed before their publication.

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1. These Terms are governed by Spanish law.

20.2. The choice of Spanish law does not deprive the Customer of the protection afforded to them
by the mandatory provisions of the law of their country of habitual residence.

20.3. Any dispute arising from these Terms shall be subject to the courts of Motril (Granada,
Spain), without prejudice to any non-excludable right of the Customer to bring proceedings
before, or to be sued only before, the courts of their country of habitual residence in
accordance with the consumer protection rules applicable to them.

20.4. The Customer may also refer the matter to the competent consumer protection authority or
dispute resolution body in their country of residence.

21. COMMUNICATIONS

All communications between the parties will be made by email to the addresses provided. The
Customer undertakes to maintain a valid and active email address and to check it regularly,
including the spam folder.

Last updated: 25 September 2026