Conditions of Purchase and Use

1. INTRODUCTION
This document (together with the website documents) sets out the conditions governing the use of this website (www.guendolina.com) and the purchase of products on it (hereinafter, "Terms").
We ask that you read the terms, our cookie policies and our privacy policy carefully before using this website. When you use this website or place an order through it, the customer is aware that you must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the terms and privacy policies, you should not use this website.
These conditions may be modified, it is your responsibility to read them periodically, as the conditions in force at the time of using the website or entering into the contract (as defined below) are those that will apply.
If you have any questions about the conditions or privacy policies, you can contact us through our email: hello@guendolina.com. Contact may be made, at your option, in any of the languages ​​in which the Terms are available on this website.
2. OUR DATA
This website is run under the name of Güendolina by GUENDOLINA ESPJ., with registered office at Rua Isabel II N18 BAJO 36002 Pontevedra (Spain) with tax identification number E56808504
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or data provided by the client will be treated in accordance with the provisions of the Privacy Policy. By using this website, the client consents to the processing of such information and data and declares that all information or data provided to us is true and corresponds to reality.
4. USE OF OUR WEBSITE
By using our website and/or placing orders through it, the customer agrees to:
• Use this website only to make legally valid inquiries or orders.
• Do not place any false or fraudulent orders. If we can rationally consider that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities.
• Provide us with your email address, postal address and/or other contact information, truthfully and accurately. You also agree to the use of the information provided to contact the customer (if necessary, see our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to proceed with your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5. SERVICE AVAILABILITY
The items presented on this website are available for delivery in several EU member countries and the United States of America.
If you would like to see the list of countries available for delivery, you can find it under "Shipping Methods".

6. CELEBRATION OF THE CONTRACT
To place an order, you must follow the online purchasing procedure and must first read and accept these Purchase Conditions. By doing so, you are entering into a purchase and sale agreement with us. You will then receive an email acknowledging receipt of your order (the “Order Confirmation”). You will also receive an email confirming that your order has been shipped (the "Delivery Confirmation"). An e-ticket containing your order details must be attached to your delivery confirmation.

7. PRODUCT AVAILABILITY
All product orders will be subject to product availability. In this regard, if there is any difficulty regarding the supply of products or if there are no items in stock, we will immediately inform you of the lack of availability and will refund any amount you have paid within 30 days.

8. DELIVERY
Without prejudice to the provisions of Clause 7 above, with respect to the availability of products, and unless there are extraordinary circumstances, we will attempt to dispatch the order for the products mentioned in each Delivery Confirmation before the date indicated in the Delivery Confirmation in question or, if not, a delivery date within 30 days of the order confirmation date has not been specified.
However, delays may occur for any of the following reasons:
• Specialized articles;
• unforeseen circumstances; either
• Problems in the delivery area.
If we cannot meet the delivery date for reasons that do not arise from our responsibility, we will inform you of this circumstance giving you the option to continue with your purchase, establish a new delivery date or cancel the order with a refund of the full amount paid, without prejudice to all other rights that assist him under the terms of the applicable legislation.
In any case, we do not deliver on Saturdays or Sundays. In accordance with these conditions, the "delivery" must have been made or the order "delivered" when the customer or a third party indicated by you is physically in possession of the products, which will be evidenced by signing the receipt of the order at the address of delivery indicated.

9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will leave you a note telling you where your order is and what to do to get it delivered again. If you are not at the delivery location at the agreed time, we ask that you contact us so that we can arrange delivery for another day.

10. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The risks of the product will be borne by the customer from the moment of delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due for them, including shipping, or upon delivery (as defined in Clause 8 above), whichever is the later.

11. PRICE AND PAYMENT
The price of each product will be the one stipulated, at any time, on our website, except in the case of obvious error. Although we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of confirming the order again at the correct price or canceling it. If we are unable to contact the customer, the order will be canceled and the amount paid will be refunded in full.
We will not be obliged to provide you with any products at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the error in the price is obvious and unmistakable and if the customer could reasonably have recognized it as an incorrect price.
Prices on this website include VAT but do not include shipping costs, which will be added to the total amount due as explained in our guide on "Exchanges and Returns".
Prices may be changed at any time, but (except under previously stated terms) any changes will not affect orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all the items you wish to purchase have been added to your cart and the next steps will be to complete the order and checkout. To do this, you must follow the steps of the purchasing process, completing or verifying the information requested at each step. Additionally, during the purchasing process, before payment, the customer can change the details of their order.
You can pay with Visa, Mastercard, American Express, PayPal, also through ATM and MBway.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure there are sufficient funds to complete the transaction. Your card will be charged as soon as your order leaves our warehouses.
If your payment method is Paypal, the debit will be made when we confirm your order.
By clicking "Pay", the customer confirms that the credit card is theirs or that they are the rightful owner of the gift card or payment card. Credit cards are subject to controls and authorizations by the issuing entities, but if they do not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with the customer.

12. BUY AS A GUEST
This website also allows you to shop through the guest shopping feature. In this purchasing mode, only the essential data is required to place your order. Once you complete the purchasing process, you will be offered the option to register as a user or continue as an unregistered user.

13. VALUE ADDED TAX
All purchases made through this website are subject to the current Value Added Tax (VAT) rate.

14. EXCHANGE POLICY
Right to free termination of the contract:
In accordance with the applicable rules if you are contracting as a consumer, the customer has the legally enshrined right to terminate the contract, up to 30 days after its conclusion without giving any reason.
The withdrawal period will expire after 30 days from the day on which the customer (or a third party, other than the delivery person indicated by you) physically purchases several items in a separately delivered order, 30 days from the day in which the customer (or this third party that you indicated) physically purchased the last product. To exercise the right of free termination of the contract, the client can contact us by email hello@guendolina.com.
Effects of termination of contract:
If the customer terminates the Contract, we will refund the amount paid for the products without undue delay and provided that it does not exceed the period of 30 days, from the day on which you were informed of your decision to terminate this contract. We will make the refund through a receipt with no expiration date. In any case, the client will not pay any fees derived from said refund. Notwithstanding the above, we may withhold the refund until we receive the products, or until the customer shows evidence that they have returned them. For more information, just see the "Exchanges and Returns" page.
Defective products:
In cases where it is considered that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within 30 days, indicating the details of the product, as well as the damage suffered, or by contacting us at +00351 927 556 839, and we will tell you what to do.
You can return the product by delivering it to a carrier, at your home, sent by us, accompanied by the invoice, and the corresponding amount will subsequently be refunded. .
As legally required, instead of canceling the contract (and the subsequent return of the asset and refund), you can also choose to replace the product.
Refund of the price or replacement of the product must be made as soon as possible and, in any case, within 30 days. All rights recognized by current law will be safeguarded.
Resize:
If the item purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request the size change, without having to pay any additional delivery service for the new item, once the original item is returned. This possibility is independent of the right of withdrawal, which continues to exist, both from a legal point of view and from a contractual point of view. For clarification on how to exchange, please go to the "Exchanges and Returns" page.

15. INTELLECTUAL PROPERTY
The client acknowledges and agrees that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the website remain, at any time, ours or those who have licensed their use to us. use The customer may only use this material as expressly authorized by us or those who have licensed its use to us. This does not prevent you from using this website to, as necessary, copy information relating to your order or Contract data.

16. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You must not gain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may involve the practice of infractions classified by applicable legislation. We will inform the relevant authorities of any breach of such legislation and will cooperate with them to discover the identity of the attacker. In case of breach of this clause, you will not be authorized to use this website either.
We will not be liable for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials, as a result of your use of this website or downloading content from it or the content it redirects to.

17. CONNECTIONS OF OUR WEBSITE
If our website contains links to other pages and materials from third parties, these links are provided for information purposes only, without any control over the content of those pages or materials. Therefore, we will not accept any liability for damage or loss due to its use.

18. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notices we send be in writing.
By using this website, you agree that most communications with us are electronic.
We will communicate with the customer by email or provide information through notices posted on this website. For contractual purposes, the client agrees to use this means of electronic communication and acknowledges that all contracts, notices, information and other notices sent via email satisfy the legal requirement that such notices be in writing. This condition will not affect the rights recognized by law.

19. NOTIFICATIONS
Customer notifications should preferably be sent via our email.
Notices will be deemed to have been received and properly served, at the same time the customer accesses our website, 24 hours after sending an email or three days after the franchise date of any letter. To prove that notification was given, it will be sufficient to prove, in the case of a letter, that the address was correct, that it was properly stamped and that it was correctly delivered to the post office or mailbox and, in the case of a mail email, which was sent to the email address specified by the recipient.

20. REASONS OF FORCE MAJEURE
We will not be liable for any failure or delay of any of the obligations assumed by us under a Contract which is caused by events beyond our control (Force Majeure Reasons).
The concept of Force Majeure must include any act, event, failure to perform, omission or accident that is beyond our control, including, but not limited to, the following:
• General strike or other forms of protest that significantly affect the country.
• Disturbance of public order, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
• Inability to use trains, ships, planes, motorized transport or other means of transport, public or private.
• Inability to use public or private telecommunications systems.
Our obligations under the Contracts will be deemed to be suspended during the period in which the Force Majeure Events occur and we will benefit from an extension of the period to comply with such obligations, for a period equal to the duration of the Force Majeure Events. Force Majeure.
We will use all reasonable means to stop the Force Majeure Reasons or to find a solution that allows us to perform our obligations under the Contract, despite the Force Majeure Reasons.

21. DISCLAIMER RIGHTS
The lack of requirements on our part for the strict performance by the client of any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due in Under this Agreement or conditions it will not mean any waiver or limitation in relation to those rights or actions, nor will it exonerate the client from compliance with its obligations.
No waiver by us of any specific right or action will imply a waiver of our rights or actions arising from the Contract or the Conditions.
No waiver, on our part, of any of these Conditions or the rights or actions derived from the Contract will be effective, unless it is expressly established that it is a waiver, formalized and communicated to the client, in writing.

22. PARTIAL CANCELLATION
If any of these Conditions or any provision of a Contract is declared null and void, by a final resolution of a competent authority, the remaining terms and conditions will remain in force, without being affected by this declaration of nullity.

23. SINGLE AGREEMENT
These Conditions and all documents to which express references are made constitute the entire agreement between us and the client, with respect to the subject matter of the Contract, and replace any other pact, agreement or promise previously established between us and the client, whether verbally. or in writing
We and the client acknowledge that we have consented to enter into the Agreement without reliance on any representation or promise made by the other party or which may interfere with any written representation in the negotiations entered into by both parties prior to that Agreement, except as expressly mentioned in the Current conditions

24. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the purchase contracts made through this page are governed by Portuguese law.
This provision does not affect the other rights recognized by the consumer by current legislation.

25. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask that you send comments and suggestions to our email or telephone contact.

26. ALTERNATIVE DISPUTE RESOLUTION
In this sense, if the transaction has been completed through our website, we inform you, in accordance with EU Regulation No 524/2013, that you have the power to try to resolve any dispute out of court through access to the platform. online dispute resolution, at http: //ec.europa.eu/consumers/....
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law No. 144/2015, of September 8, on the Consumer Portal, through the website www.consumidor.pt.