Terms of service
TERMS AND CONDITIONS OF SALE
1. WEBSITE OWNER
- Owner: Gomez y Tudela S.L.
- Tax ID (NIF): [COMPANY NIF]
- Trading name: [BRAND NAME]
- Registered office: Calle Serafín Álvarez Campana 7, 11500 El Puerto de Santa María, Cádiz, Spain
- Customer service email: soporte.tiendaonline@outlook.es
All customer service is provided by email.
2. PURPOSE AND ACCEPTANCE
These Terms and Conditions govern access to the website and the purchase of the products offered on it.
Placing an order means you accept these terms in full, in the version published at the time of purchase. We recommend reading them and keeping a copy along with your order confirmation.
The language of the contract is Spanish.
3. WHO CAN BUY
To make a purchase you must be over 18 and have the legal capacity to enter into a contract.
4. WHERE WE SELL
We sell and deliver to mainland Spain and the Balearic Islands.
We do not deliver to the Canary Islands, Ceuta and Melilla, or to other countries, unless expressly stated otherwise during the purchase process. No order is therefore subject to customs procedures, duties or import taxes: the price you see is the final price.
5. NATURE OF THE PRODUCT
The products we sell are everyday textile support and compression garments.
They are not medical devices within the meaning of Regulation (EU) 2017/745, they are not intended to diagnose, prevent, treat or cure any illness or injury, and they are not a substitute for assessment or treatment by a healthcare professional.
If you have an injury, have had recent surgery, have circulatory problems or any condition that gives you cause for doubt, speak to your doctor or physiotherapist before using the product. Stop using it if you notice discomfort, numbness, changes in skin colour or any skin reaction.
Results depend on the individual, on the size chosen and on how the product is used. We do not guarantee any particular result.
6. PRODUCT INFORMATION
We aim to make our descriptions, measurements, photographs and colours as accurate as possible. However:
- there may be slight differences in colour depending on the screen you are viewing on;
- images are for illustration only;
- packaging may occasionally vary without this affecting the product.
These differences do not constitute a defect.
Sizing. Sizes are determined by the measurements in centimetres given in the size guide on the product page, not by conventional clothing sizes. It is the customer's responsibility to measure themselves before buying, following the published instructions. If you are between two sizes, we recommend going for the larger one. Size exchanges are governed by the Returns Policy.
7. AVAILABILITY
All orders are subject to availability.
If a product turns out to be unavailable after you have placed your order, we will let you know as soon as possible and you may choose between a full refund of the amount paid or an equivalent alternative. Refunds are made within a maximum of 14 calendar days.
8. PRICES
All prices are shown in euros and include applicable VAT.
Delivery charges, where they apply, are clearly stated before you complete your order and are added to the price of the product.
We may change prices at any time, without this affecting orders already confirmed.
Obvious pricing errors. If, because of a technical or typographical error, a price is published that is obviously wrong, and that error would be recognisable to any reasonable buyer, we may cancel the affected order and refund the amount paid in full, telling you straight away.
Promotions and discounts. When we announce a price reduction, we will state as the previous price the lowest price applied during the previous 30 days, in accordance with applicable law. Promotions are valid only for the period and on the terms stated, cannot be combined with one another unless expressly stated, and have no retrospective effect on earlier orders.
9. BUNDLE OR MULTI-PACK OFFERS
Where several units are offered at a combined price, the resulting unit price applies only to that complete configuration.
If you later return only part of the bundle, the refund will be calculated on the unit price that would have applied to the units you keep, and not on the promotional bundle price. The specific terms are set out in the Returns Policy.
10. HOW TO ORDER
To place an order you need to:
- select the product, size and quantity;
- provide your delivery details;
- provide your billing details where applicable;
- choose your payment method;
- review the order summary and confirm it.
Before confirming, you can review and correct the information you have entered. The confirmation button states expressly that placing the order carries an obligation to pay.
The contract is formed when you receive your order confirmation by email. We keep the contract document and you can ask us for a copy by writing to soporte.tiendaonline@outlook.es.
11. PAYMENT METHODS
We accept the payment methods available in the shop at the time of purchase, including card, PayPal and the digital wallets enabled.
All payments are processed through external payment service providers. We do not store your full card details.
If payment is declined, the order will not be processed.
12. INVOICING
Your order confirmation serves as proof of purchase. If you need an invoice with your tax details, request one at soporte.tiendaonline@outlook.es giving your order number, your name or company name, your tax number and your registered address. Invoices are issued and sent electronically.
13. FRAUD CHECKS
To protect both our customers and the company, certain orders may be subject to automated or manual checks.
Where there are reasonable grounds to suspect fraud, we may request additional information, verify the buyer's identity or cancel the order with a full refund. You can ask for any decision to be reviewed by writing to our customer service address.
14. DELIVERY
Delivery times are stated on the product page and in the Delivery Policy, and are estimates. Unless stated otherwise, your order will be delivered within a maximum of 30 calendar days from confirmation, in accordance with applicable law.
If we were unable to meet that period, we will tell you and you may set a reasonable additional period or terminate the contract with a full refund.
The customer is responsible for giving a correct and complete delivery address. Costs arising from errors in the address given may be passed on to the customer.
Orders returned to sender. Where an order is returned because of an incorrect address, repeated absence, refusal of the parcel or failure to collect it from the collection point within the carrier's time limit, we may deduct from the amount refunded the costs actually incurred for delivery and its return, to the extent permitted by applicable law. If you ask us to send it again, the delivery charges will have to be paid a second time.
Passing of risk. The risk of loss or damage passes to the consumer when they, or a third party nominated by them other than the carrier, takes physical possession of the order.
15. RIGHT OF WITHDRAWAL
As a consumer you have 14 calendar days from receiving your order to withdraw from the contract without giving a reason, under Royal Legislative Decree 1/2007.
We voluntarily extend that period to 30 calendar days.
The procedure, return costs and refund timescales are set out in the Returns, Exchanges and Warranty Policy, which forms an integral part of these Terms. You will also find the model withdrawal form there.
16. LEGAL GUARANTEE OF CONFORMITY
All products are covered by the legal guarantee of conformity. Under Royal Legislative Decree 1/2007, as amended by Law 4/2022, we are liable for any lack of conformity that appears within three years of delivery.
The guarantee does not cover normal wear and tear, damage caused by impact, improper use or alterations made by the customer, or deterioration resulting from washing or drying other than as set out in the product instructions.
In the event of a lack of conformity, you may choose between repair or replacement of the product and, where legally applicable, a price reduction or termination of the contract.
17. CUSTOMER REVIEWS
Where customer ratings or reviews are published on the website, we will state alongside them whether they come from verified buyers and what procedure we follow to check this.
We do not publish fake reviews or reviews commissioned from third parties, and we do not hide legitimate negative ratings.
18. INTELLECTUAL PROPERTY
The content of the website — text, photographs, videos, logos, designs, graphics, trade marks and software — is the property of Gomez y Tudela S.L. or of its respective owners and is protected by intellectual and industrial property law.
Its reproduction, distribution, public communication or adaptation without prior written permission is prohibited.
19. USE OF THE WEBSITE
Users undertake to use the site lawfully and in good faith. It is prohibited to use it for unlawful purposes, to introduce malicious software, to attempt unauthorised access to computer systems, to interfere with how the shop works or to use automated tools that affect the service.
20. LIMITATION OF LIABILITY
To the fullest extent permitted by law, we will not be liable for indirect losses, loss of profit, damage arising from use of the product other than as intended or contrary to the instructions, temporary interruptions to the website, problems caused by third parties, or delays attributable to carriers.
Nothing in this clause limits the non-waivable rights that consumer law gives consumers, or our liability for damage caused by defective products.
21. FORCE MAJEURE
We will not be liable for failure to perform our obligations where this is due to unforeseeable or unavoidable events outside our control: natural disasters, industrial disputes, pandemics, government action, war, interruption of transport services or widespread telecommunications failures.
22. CHANGES TO THESE TERMS
We may update these Terms at any time. The version applicable to each order is the one published at the time the order is placed; later changes do not affect orders already confirmed.
23. SEVERABILITY
If any clause of these Terms is held to be void or unenforceable, the remainder will continue in full force and effect.
24. COMPLAINTS AND DISPUTE RESOLUTION
For any complaint you can write to us at soporte.tiendaonline@outlook.es. We undertake to reply in writing as quickly as we can.
As a consumer, you can also contact your local municipal consumer information office (OMIC) or the consumer affairs body of your regional government.
We are not currently signed up to any alternative dispute resolution body for consumer matters, without prejudice to your right to approach public consumer bodies or the courts.
25. GOVERNING LAW AND JURISDICTION
These Terms are governed by Spanish law.
Where the buyer is a consumer, the courts of the buyer's place of residence will have jurisdiction, in accordance with consumer protection legislation.