Términos del servicio

TERMS OF SERVICE GENERAL INFORMATION

Welcome to Mellow Shop. The terms “we”, “us” and “our” refer to Mellow Shop.

Mellow Shop operates this online store and website, including all information, content, features, tools, products and services made available through the website (collectively, the “Services”).

Mellow Shop uses Shopify technology to provide the Services.

These Terms of Service, together with any policies referred to or linked to in these Terms, describe the terms and conditions that apply when you access or use the Services.

Please read these Terms of Service carefully, as they contain important information about your rights and obligations when using the Services and purchasing products from Mellow Shop.

By accessing, browsing or using the Services, you agree to be bound by these Terms of Service and by the policies applicable to your use of the Services, including our Privacy Policy and Returns & Refunds Policy.

If you do not agree with these Terms of Service, please do not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Terms of Service, you confirm that you have the legal capacity required to enter into a contract under the laws applicable to you.

Certain features of the Services, including placing an order, may require you to provide information such as your name, email address, billing information and delivery address.

You agree that the information you provide is accurate, complete and up to date and that you have the right to provide such information.

If you create an account, you are responsible for keeping your account credentials confidential and for activities carried out through your account.

You must not transfer, sell, assign or otherwise make your account available to another person where this is not permitted by the Services.

Mellow may restrict or suspend access to an account where there are reasonable grounds to believe that the account is being used fraudulently, unlawfully or in breach of these Terms, without affecting any rights the consumer may have under applicable law.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to ensure that products and their descriptions are presented accurately on our website.

Colours and appearance may vary slightly depending on your device, screen settings and other technical factors.

Product descriptions, images, specifications, availability and other information may be updated from time to time.

Mellow reserves the right to discontinue products or modify the range of products offered, provided that such changes do not affect orders that have already been accepted except where permitted or required by applicable law.

Nothing in these Terms limits any statutory rights relating to product conformity, safety, guarantees or consumer protection.

SECTION 3 - ORDERS

By placing an order through the Services, you submit a request to purchase the selected products.

Before completing your purchase, you will have the opportunity to review your order, the total price, applicable taxes and delivery costs.

An order will be considered accepted when Mellow confirms the order or otherwise confirms that the purchase has been accepted.

If Mellow is unable to accept an order due to circumstances such as lack of availability, a manifest error in the product information or another legitimate reason, we will inform you and refund any amount already paid where applicable.

Mellow may take reasonable measures to prevent fraudulent or abusive orders.

Nothing in this section limits your statutory rights, including your right of withdrawal or your legal rights relating to defective or non-conforming products.

Returns and withdrawals are governed by our Returns & Refunds Policy.

SECTION 4 - PRICES AND BILLING

Prices are displayed in euros (€).

Unless otherwise expressly stated, prices shown to consumers include applicable taxes.

Delivery charges, where applicable, will be shown before you complete your purchase.

The price applicable to your order is the price displayed at the time you place the order, subject to manifest errors or circumstances permitted by applicable law.

Mellow may offer discounts, promotions or special offers from time to time. Any specific conditions applicable to a promotion will be made available together with the relevant offer.

If a product is offered at a reduced price, Mellow will comply with the applicable legal requirements regarding the indication of the previous price.

You agree to provide accurate and complete information necessary to process your purchase and payment.

Payment may be processed through third-party payment providers. The payment methods available at checkout will be clearly indicated before you complete your purchase.

SECTION 5 - SHIPPING AND DELIVERY

Shipping costs and estimated delivery times will be communicated before you complete your purchase and may also be detailed in our Shipping Policy.

Mellow will make reasonable efforts to deliver orders within the indicated timeframe.

If delivery is delayed, Mellow will comply with the consumer rights and remedies provided by applicable law.

Mellow is not responsible for delays caused by circumstances beyond its reasonable control to the extent permitted by law.

For consumer purchases, the risk of loss or damage to the products remains with Mellow until you, or a third party designated by you other than the carrier, acquire physical possession of the products, except where applicable law provides otherwise.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and their contents, including but not limited to text, photographs, videos, graphics, logos, designs, product images, trademarks, trade names, layouts and other materials, are owned by Mellow Shop or used with the appropriate rights or permission.

You may access and use the Services for personal and lawful purposes.

You must not reproduce, distribute, modify, publicly display, commercially exploit or otherwise use Mellow's content without the appropriate authorisation, except where such use is permitted by law.

Nothing in these Terms grants you any ownership rights or licence to Mellow's intellectual property beyond the limited use necessary to access and use the Services lawfully.

Mellow Shop, its logos, product names, designs and other distinctive elements may constitute trademarks or protected intellectual property.

SECTION 7 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

The Services may provide access to certain tools, features or services operated by third parties.

Where third-party services are made available through the website, their use may also be subject to the terms and policies of the relevant third-party provider.

Mellow does not control third-party services and is not responsible for their independent operation, content or policies, except where liability cannot legally be excluded.

Mellow may introduce new features, tools or services through the Services from time to time. Such features may be subject to these Terms unless separate terms apply.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites or services operated by third parties.

These links are provided for convenience and do not necessarily imply that Mellow endorses or recommends the third party.

Mellow does not control third-party websites and is not responsible for their content, availability, policies or practices, except where applicable law provides otherwise.

If you choose to access a third-party website or service, you do so in accordance with that third party's applicable terms and policies.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Mellow Shop operates using Shopify technology, which enables us to provide the Services.

However, any purchase made through the Mellow Shop online store is a transaction between you and Mellow Shop.

Shopify is not the seller of the products purchased through our store and is not responsible for the transaction between you and Mellow Shop, except where applicable law provides otherwise.

SECTION 10 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Our Privacy Policy explains how Mellow collects, uses and protects personal information and how personal information may be processed by service providers involved in operating the store.

Because the Services are hosted and supported by Shopify, Shopify may also process certain information in connection with the operation and security of the Services.

For further information, please refer to our Privacy Policy.

SECTION 11 - COMMENTS, REVIEWS AND OTHER USER CONTENT

If you submit, upload, publish or otherwise provide comments, reviews, photographs, suggestions or other content to Mellow, you remain responsible for the content you provide and for ensuring that you have the necessary rights to provide it.

By submitting content to Mellow, you grant Mellow a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and distribute that content for the purposes for which it was submitted, including operating, improving and promoting the Services, subject to applicable law.

This licence does not transfer ownership of your content to Mellow.

You must not submit content that infringes the rights of another person, contains unlawful or misleading information, or contains malicious code or other material that could harm the Services.

Mellow may remove or refuse to publish content that is unlawful, misleading, abusive, offensive, defamatory, infringes third-party rights or otherwise violates these Terms or applicable law.

Where reviews or other user-generated content are used for promotional purposes, Mellow will comply with applicable consumer protection and advertising requirements.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, delivery information or other matters.

Mellow may correct errors or update information when necessary.

If an error materially affects an order that has already been placed, Mellow will take appropriate steps in accordance with applicable law, including informing you where necessary and refunding amounts paid where the order cannot be fulfilled.

Nothing in this section limits any rights you may have under applicable consumer protection law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services:

(a) for any unlawful, fraudulent or abusive purpose;

(b) to violate applicable laws or regulations;

(d) to transmit false, misleading, harmful or unlawful information;

(e) to introduce viruses, malware or other harmful code;

(f) to interfere with the operation or security of the Services;

(g) to impersonate another person or entity;

(h) to collect or process another person's personal information unlawfully;

(i) to send spam, phishing communications or other unauthorised promotional material;

(j) to reproduce, copy, extract, resell or commercially exploit the Services or their content without appropriate authorisation; or

(k) to circumvent security measures or access restrictions implemented to protect the Services.

Mellow may restrict or suspend access to the Services where reasonably necessary to protect the website, its users or third parties from unlawful or abusive activity, without affecting any mandatory consumer rights.

SECTION 14 - AGENTS

For the purposes of these Terms, an “Agent” means software or a service that performs actions autonomously or semi-autonomously on behalf of a person or entity when accessing or interacting with the Services.

Agents must not access, use or interact with the Services in a manner that violates these Terms, applicable law or reasonable technical restrictions implemented by Mellow.

Mellow may apply reasonable technical measures to limit automated access where necessary to protect the Services, their security, availability or users.

Nothing in this section prevents lawful accessibility tools, assistive technologies or other uses protected by applicable law.

SECTION 15 - TERMINATION

Mellow may restrict or suspend access to the Services where reasonably necessary due to unlawful use, fraud, abuse, security risks or a material breach of these Terms.

Such measures will not affect rights that have already arisen under applicable law, including consumer rights relating to purchases already made.

Where an account is terminated or access is restricted, provisions which by their nature should continue to apply will remain in effect, including provisions concerning intellectual property, liability, privacy and applicable law.

SECTION 16 - DISCLAIMER OF WARRANTIES

The Services are provided with reasonable care and diligence.

Mellow does not guarantee that the website or Services will always be uninterrupted, completely secure or free from technical errors.

Information provided through the website is intended to provide general information about Mellow and its products.

Nothing in these Terms excludes or limits statutory warranties, legal guarantees, product conformity rights, consumer rights or any liability that cannot legally be excluded or limited.

Products purchased through the Services are subject to the applicable legal guarantees and conformity requirements.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Mellow will not be liable for losses that are not reasonably foreseeable or that are caused exclusively by circumstances outside Mellow's reasonable control.

Nothing in these Terms excludes or limits liability for matters that cannot legally be excluded or limited, including liability arising from applicable consumer protection laws, statutory product guarantees, product safety obligations, fraud, wilful misconduct or other legally protected rights.

Mellow's liability in relation to products purchased through the Services remains subject to the mandatory provisions of applicable law.

SECTION 18 - INDEMNIFICATION

Where permitted by applicable law, you agree to be responsible for losses or claims suffered by Mellow as a direct result of your unlawful use of the Services or your intentional or negligent violation of these Terms or the rights of a third party.

This provision does not apply to the extent that its application would limit or affect mandatory rights granted to consumers by applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be applied to the maximum extent permitted by law or, where this is not possible, treated as severable.

The remaining provisions will continue in full force and effect to the extent permitted by applicable law.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

The failure of Mellow to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and information expressly referred to in them, constitute the terms governing your use of the Services and your relationship with Mellow in relation to such use.

Mandatory consumer rights and other legal provisions that apply independently of these Terms remain unaffected.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms where such transfer is prohibited by law or would materially affect the rights of another party.

Mellow may transfer or assign its rights and obligations where permitted by applicable law, provided that such transfer does not unlawfully affect the rights of consumers.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms are governed by Spanish law, without prejudice to any mandatory consumer protection provisions applicable in the country of residence of a consumer within the European Union.

If you are a consumer, you will benefit from any mandatory rights and protections granted to you by the laws applicable to your situation.

Any dispute involving a consumer will be subject to the courts that are legally competent under the applicable consumer protection rules.

Nothing in these Terms prevents a consumer from exercising rights before the courts or competent authorities available under applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and do not affect the interpretation or application of the provisions.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

Mellow may update these Terms from time to time when necessary to reflect changes to the Services, business operations, legal requirements or applicable regulations.

The version of the Terms applicable to a purchase will be the version in force at the time the order is placed, unless a change is required by law or otherwise applies to an existing relationship by legal effect.

The most current version of these Terms will be made available on this page.

Where required by applicable law, Mellow will provide appropriate notice of material changes.

SECTION 25 - CONTACT INFORMATION

Questions, enquiries or communications regarding these Terms of Service may be sent to our Customer Service team at:

Mellow Shop

Customer Service email: attcliente.mellowshop@gmail.com

Website: www.mellowshop.net