Terms of service
Terms of Service
GENERAL INFORMATION
Welcome to Guivernal’s. The terms “we”, “us” and “our” refer to Guivernal’s. Guivernal’s operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a shopping experience (the “Services”). This store is hosted on Shopify, which provides us with the e-commerce platform that allows us to sell our products and services.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment information, and shipping details. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible on our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match how it is displayed or presented on our online store.
All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Guivernal’s reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Guivernal’s confirms its acceptance. We must receive and process your payment before accepting your order.
You should carefully review your order before completing your purchase, as Guivernal’s may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made.
You may return or exchange your purchase only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchase is for personal or household use only and not for resale or commercial export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email sent to you. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs duties, or import charges.
Prices displayed in our online store may differ from prices offered in physical stores or in other online stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay all charges incurred at the posted prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We shall not be liable for delays caused by shipping carriers, customs clearance processes, or events beyond our control.
Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Guivernal’s, its affiliates, or licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Guivernal’s, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by Guivernal’s.
The names, logos, product and service names, designs, and slogans of Guivernal’s are trademarks of Guivernal’s or its affiliates or licensors. You must not use such trademarks without prior written permission from Guivernal’s. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We shall not be liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANT: this section accurately characterizes Shopify’s relationship with your store and must not be deleted or modified.]
Guivernal’s operates using Shopify technology, which enables us to provide you with the Services. However, any sale or purchase you make in our store is conducted directly with Guivernal’s. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Guivernal’s, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transactions with Guivernal’s.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve our Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in a country different from where you reside, in order to provide the Services. Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 - COMMENTS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such comments in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all comments; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your comments comply with these Terms.
We have no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but are not obligated to, monitor, edit, or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or that violate any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no liability and accept no responsibility for any comments posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing strategies, promotions, offers, product shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to upload or transmit viruses or any other type of malicious code;
(g) to send or facilitate the sending of any advertising or promotional material, including “spam,” “chain letters,” or any similar solicitation;
(h) to impersonate or attempt to impersonate another person or entity;
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Guivernal’s, Shopify, or users of the Services or expose them to liability.
SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the implementation of an Agent to access, use, or interact with any Service. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or by instruction of any person or entity and may operate using the person’s device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it is, at all times, identified and operated in strict compliance with the requirements set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from doing so.
14.3 We may limit, including through technical measures, the access, use, and interaction of any Agent with the Services and how it does so.
14.4 Agents must:
(i) in every HTTP/HTTPS request, identify that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”;
(ii) not obscure or misrepresent that any access, use, or interaction is being performed by an Agent, including by (a) imitating human behavior or interaction patterns, or (b) bypassing CAPTCHA or similar measures;
(iii) respond truthfully to any inquiry or instruction intended to determine whether interactions originate from a human or a machine;
(iv) not bypass or otherwise circumvent any measures designed to block, limit, or control whether and how Agents access or use the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its Content. UNLESS EXPRESSLY STATED OTHERWISE BY GUIVERNAL´S, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANT QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW
IN NO EVENT SHALL Guivernal´s, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATE, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS OR DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT OR (INCLUDING NEGLIGENCE), STRICT OR OTHER LIABILITY, ARISING FROM YOUR USE OF ANY SERVICES OR PRODUCTS PURCHASED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Guivernal´s, Shopify, and our affiliates, partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, and interns from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - DISCLAIMER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with Spanish law. You and Guivernal´s agree to the jurisdiction of the courts in Spain.
SECTION 23 - HEADINGS
The headings used in this agreement are included solely for for your convenience and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting the update and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
dravenocontactcentral22@use.startmail.com
Our contact information is as follows: Guivernal´s
Calle Mimosa 50, 11540 Sanlúcar de Barrameda, Cádiz, Spain
+34 688 82 33 60
Business Registration Number: Not applicable
VAT Number: Not available