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 "Conditions").
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, you are aware that you must comply with these terms and our privacy policies. Therefore, if you do not agree with all the terms and privacy policies, you should not use this website.
These terms may be amended from time to time, and it is your responsibility to review them periodically, as the terms in effect at the time of using the website or entering into the contract (as defined below) will apply.
If you have any questions about the Terms or Privacy Policy, you can contact us via email at hello@guendolina.com. Contact can be made, at your choice, in any of the languages ​​in which the Terms are available on this website.
2. OUR DATA
This website is operated 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
Any information or data provided by the Client will be processed 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 make any false or fraudulent orders. If we reasonably believe that such an order has been made, we will be entitled to cancel it and inform the relevant 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 process your order.
By placing an order through this website, you declare that you are over 18 years of age and that you have the legal capacity to enter into contracts.

5. SERVICE AVAILABILITY
The items presented on this website are available for delivery to several EU member countries and the United States of America.
If you would like to check 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 Terms of Purchase. In doing so, you are entering into a purchase and sale agreement with us. You will subsequently receive an email acknowledging receipt of your order (the "Order Confirmation"). You will also receive an email in which we confirm that the order has been dispatched (the "Delivery Confirmation"). An electronic ticket with the details of your order must be attached to the delivery confirmation.

7. PRODUCT AVAILABILITY
All orders for products 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 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 the products, and unless there are extraordinary circumstances, we will endeavour to dispatch your order for the products referred to in each Delivery Confirmation by the date stated in the relevant Delivery Confirmation or, if no delivery date has been specified within 30 days of the date of the order confirmation.
However, delays may occur for any of the following reasons:
• Specialized articles;
• unforeseen circumstances; or
• Problems in the delivery area.
If we are unable to meet the delivery date for reasons not arising from our responsibility, we will inform you of this circumstance and give you the option of continuing with your purchase, setting a new delivery date or cancelling the order with a full refund of the amount paid, without prejudice to any other rights available to you under applicable law.
In any case, we do not make deliveries on Saturdays or Sundays. According to 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 the signature of the receipt of the order at the indicated delivery address.

9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will leave you a note indicating where your order is and what to do to have 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 delivery, or upon delivery (as defined in Clause 8 above), if this date is later.

11. PRICE AND PAYMENT
The price of each product will be as stated on our website at any given time, except in the case of an obvious error. Although we try to ensure that all prices on the website are correct, errors may occur. If we detect an error in the price of any of the products that the customer has ordered, we will inform the customer as soon as possible and give the customer the option of confirming the order again at the correct price or cancelling it. If we are unable to contact the customer, the order will be cancelled and the amount paid will be refunded in full.
We will not be obliged to provide any product to you at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognised by the customer as a mispricing.
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 "Returns and Exchanges".
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 you 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 payment. To do this, you must follow the steps of the purchase process, filling out or verifying the information requested at each step. Also, during the purchase 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 receiving 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 warehouse.
If your payment method is Paypal, the debit will be made when we confirm your order.
By clicking “Pay” you confirm that the credit card is yours or that you are the legitimate owner of the gift card or payment card. Credit cards are subject to checks and authorisations by the issuing entities, but if they do not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any contract with you.

12. BUY AS A GUEST
This website also allows you to purchase via the guest checkout feature. In this mode of purchase, only the essential data is required to be able to place your order. Once you complete the purchase 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. Orders from outside the EU may be subject to VAT, Import Customs Duties or other country-specific taxes, which must be paid by the recipient upon receipt of the order in the country of destination.

14. EXCHANGE POLICY
Right to freely terminate the contract:
In accordance with the applicable regulations if you are contracting as a consumer, the client 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 one order delivered separately, 30 days from the day on which the customer (or this third party indicated by you) physically purchased the last product. To exercise the right of free withdrawal from the contract, the customer can contact us by email hello@guendolina.com.
Effects of termination of the contract:
If the customer withdraws from 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 withdraw from this contract. We will make the refund through a voucher with no due date. In any case, the customer will not pay any fees arising from such refund. Notwithstanding the above, we may withhold the refund until we receive the products back, or until the customer demonstrates evidence that he has returned them. For more information, just see the "Exchanges and returns" page.
Defective products:
In cases where you consider 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 you will subsequently be reimbursed the corresponding amount.
As required by law, instead of cancelling 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 of requesting a size exchange, without having to pay any additional delivery service for the new item, once he returns the original item. This possibility is independent of the right of withdrawal, which continues to exist, both from a legal and from a contractual point of view. For clarifications on how to make the exchange, 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 are, at any time, vested in us or those who have licensed their use to us. The Client may only use this material in a manner expressly authorised by us or those who have licensed their use to us. This does not prevent you from using this Website to, as necessary, copy information relating to your order or Contract details.

16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, Trojan horses, logic bombs or other technologically harmful or damaging material. You must not gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected 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 result in infringements of applicable law. We will report any breach of such law to the relevant law enforcement authorities and will cooperate with them in order to discover the identity of the offender. If you fail to comply with this clause, you are also not authorised to use this website.
We will not be liable for any loss or damage to your computer or any other material resulting from a distributed denial-of-service attack, viruses or any other technologically harmful or damaging material that may infect your computer, computer equipment, data or other material as a result of your use of this website or downloading any content from it or from any content linked to it.

17. CONNECTIONS FROM 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. We will therefore not accept any liability for damage or loss due to their use.

18. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notices we send to you be in writing.
By using this website, the customer agrees that most communications with us are electronic.
We will communicate with you by email or provide you with information through notices posted on this website. For contractual purposes, you agree to use this means of electronic communication and acknowledge 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 shall be deemed to have been received and properly served at the time the customer accesses our website, 24 hours after sending an email or three days after the postage date of any letter. To prove that service has been served, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, that it was properly stamped and that it was properly delivered to the post office or mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.

20. FORCE MAJEURE REASONS
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Events).
The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident 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, boats, 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 suspended for the period in which the Force Majeure Events occur and we will benefit from an extension of the period for performing 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 Event or to find a solution that will allow us to perform our obligations under the Contract despite the Force Majeure Event.

21. DISCLAIMER RIGHTS
Our failure to require strict performance by you of any of your obligations under a Contract or these Terms or our failure to exercise any of your rights or remedies under this Agreement or these Terms shall not constitute a waiver or limitation of those rights or remedies or relieve you from compliance with your obligations.
No waiver by us of any particular right or action shall constitute a waiver of any other rights or actions arising from the Contract or the Conditions.
No waiver by us of any of these Conditions or of any rights or actions arising from the Contract shall be effective unless it is expressly stated to be a waiver, formalised and communicated to the customer in writing.

22. PARTIAL CANCELLATION
If any of these Conditions or any provision of a Contract is declared null and void by a final decision 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 expressly referred to in them constitute the entire agreement between us and the Client with respect to the subject matter of the Contract and supersede any other agreement, understanding or arrangement previously made between us and the Client, whether oral or in writing.
We and the Client acknowledge that we have agreed to enter into the Agreement without relying on any representation or promise made by the other party or which may interfere with any written representation in negotiations held 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 granted to 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 regard, 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 for 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 8 September, on the Consumer Portal, through the website www.consumidor.pt.