Terms of service

1. GENERAL INFORMATION

Welcome to Plushmas.

These Terms of Service govern your access to and use of our website, www.plushmas.store, including all information, content, products, features and services made available through our online store (collectively, the "Services").

Throughout these Terms, the words "we", "us", "our" and "Plushmas" refer to the business operating the Plushmas online store.

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and services.

By accessing our Website, browsing our products or placing an order, you agree to be bound by these Terms of Service and our related policies, including our Privacy Policy, Shipping Policy and Returns and Refunds Policy.

Please read these Terms carefully before using our Website.

Nothing in these Terms is intended to exclude, restrict or waive any rights granted to consumers under applicable consumer protection legislation, including Spanish and European Union law.

If you do not agree with these Terms, you should refrain from using our Services.

2. ELIGIBILITY AND USE OF OUR WEBSITE

By using our Website, you confirm that you are legally capable of entering into a binding agreement under the laws applicable to you.

If you are under the age of legal majority, you may only use our Services with the involvement and authorisation of a parent or legal guardian, where required by law.

You agree to provide accurate, complete and up-to-date information when placing an order or creating an account.

You are responsible for maintaining the confidentiality of your account credentials and for activities carried out through your account.

You must not use our Website for unlawful purposes, fraudulent activities or any activity that may damage, disrupt or interfere with our Services or the experience of other customers.

We reserve the right to restrict or suspend access to our Website where there are reasonable grounds to suspect fraudulent, unlawful or abusive activity, subject to applicable law.

3. PRODUCTS AND PRODUCT INFORMATION

At Plushmas, we make reasonable efforts to ensure that all product descriptions, photographs, prices and other information displayed on our Website are accurate and up to date.

However, certain differences may occur due to screen settings, lighting conditions, manufacturing variations or the way products are displayed on different devices.

Product photographs are provided for illustrative purposes. Any material characteristics, specifications or features of a product will be described in the relevant product listing.

We reserve the right to update product descriptions, correct inaccuracies, modify product availability or discontinue products at any time, provided that such changes do not affect orders already confirmed without a lawful reason.

All products are subject to availability.

If a product becomes unavailable after an order has been placed, we will inform you and arrange an appropriate refund where required.

4. ORDERS AND CONTRACT FORMATION

When you place an order through our Website, you submit an offer to purchase the selected products under these Terms.

Before completing your purchase, you will have the opportunity to review your order details, including the products, quantities, delivery information and total price.

After submitting your order, you will receive an order confirmation by email acknowledging receipt of your purchase request.

The sales contract will be considered concluded when we accept your order and send confirmation that it has been accepted or processed, as applicable.

We reserve the right to refuse or cancel an order where there are legitimate reasons, including:

  • Suspected fraudulent or unauthorised payment activity.
  • Incorrect or incomplete billing or delivery information that cannot reasonably be resolved.
  • A genuine pricing, technical or product listing error.
  • Product unavailability.
  • Circumstances that prevent us from lawfully fulfilling the order.

If an order is cancelled after payment has been collected, we will refund all amounts due in accordance with applicable law.

Where reasonably possible, we will contact you using the email address or telephone number provided during checkout.

You are responsible for reviewing your order details before completing your purchase.

If you notice an error after placing an order, please contact us as soon as possible at plushmass@gmail.com. We will make reasonable efforts to assist you, although changes may not be possible once an order has entered the fulfilment or shipping process.

Purchases made through our Website are intended for personal and household use. Commercial resale or unauthorised bulk purchasing is not permitted without our prior written agreement.

5. PRICES, TAXES AND PAYMENT

All product prices are displayed in the currency indicated on our Website.

Unless expressly stated otherwise, applicable taxes, including VAT where required, and any additional delivery charges will be displayed or clearly communicated before you complete your purchase.

The total amount payable will be shown at checkout before your order is submitted.

We reserve the right to modify product prices, promotions and discounts at any time. However, any changes will not affect orders that have already been accepted.

Payment must be completed using one of the payment methods made available at checkout.

By submitting payment information, you confirm that you are authorised to use the selected payment method.

Payments may be processed by independent third-party payment providers. We do not control the internal systems or processing procedures of these providers.

If a payment is declined, rejected or cannot be authorised, we may be unable to process or fulfil the relevant order.

In the event of a pricing or technical error, we reserve the right to contact you before accepting the order or to cancel the affected order where legally permitted. If payment has already been collected, any refund due will be issued promptly.

6. SHIPPING AND DELIVERY

We aim to process and deliver orders within the estimated timeframes displayed on our Website or communicated during checkout.

Delivery times are estimates and may vary depending on the destination, carrier, customs procedures and other circumstances.

Unless otherwise agreed, delivery will take place within the legally applicable delivery period. Where no specific delivery period has been agreed, the applicable statutory delivery deadline will apply.

You are responsible for providing accurate and complete shipping information when placing your order.

If an incorrect or incomplete address is provided, please contact us immediately so that we can attempt to correct it before dispatch.

We are not responsible for additional costs or delivery difficulties directly resulting from incorrect information supplied by the customer, to the extent permitted by law.

If delivery cannot be completed because the customer provides incorrect information or repeatedly fails to accept delivery, we will work with the customer and the carrier to determine the appropriate next steps in accordance with applicable law.

The risk of loss or damage to products remains with us until you, or a third party designated by you other than the carrier, physically receive the products, except where applicable law provides otherwise.

Nothing in this section limits your statutory rights concerning late delivery, non-delivery or damaged products.

For additional information, please consult our Shipping Policy.

7. RETURNS, REFUNDS AND RIGHT OF WITHDRAWAL

We want you to be satisfied with your purchase.

If you are a consumer located in the European Union, you generally have the right to withdraw from an online purchase within 14 calendar days without giving any reason, starting from the day on which you, or a third party designated by you other than the carrier, receive the goods.

To exercise your right of withdrawal, you must notify us of your decision through a clear statement sent to:

Email: plushmass@gmail.com

You may use any clear written communication to notify us of your decision.

Once you have notified us of your withdrawal, you must return the products within 14 calendar days.

Unless otherwise required by law or agreed by us, you will be responsible for the direct cost of returning the products when exercising the right of withdrawal.

We will refund the payments received for the relevant products, including the standard delivery costs where legally required.

Refunds will be made within the statutory period and using the same payment method used for the original transaction, unless otherwise agreed.

We may withhold the refund until we have received the returned goods or you have provided evidence that they have been sent back, whichever occurs first, where permitted by law.

You may handle and inspect products to the extent reasonably necessary to establish their nature, characteristics and functioning.

However, you may be liable for any diminished value resulting from handling beyond what is necessary to establish those characteristics, in accordance with applicable law.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to certain categories of products where a statutory exception exists.

Examples may include:

  • Products made to the consumer's specifications or clearly personalised.
  • Sealed goods that are not suitable for return for health protection or hygiene reasons once unsealed, where the statutory requirements are met.
  • Other goods or services expressly excluded by applicable consumer protection legislation.

Any applicable exception will be interpreted strictly in accordance with the law.

Faulty, damaged or incorrect products

If you receive a product that is defective, damaged, incorrect or does not conform to the sales contract, please contact us at plushmass@gmail.com.

We will assess the issue and provide an appropriate solution in accordance with your statutory consumer rights.

Depending on the circumstances, this may include repair, replacement, a price reduction or a refund.

For additional details, please consult our Returns and Refunds Policy.

Nothing in these Terms limits your statutory right of withdrawal or your legal guarantees relating to product conformity.

8. LEGAL GUARANTEE AND PRODUCT CONFORMITY

All products sold through Plushmas are covered by the mandatory legal guarantees applicable under Spanish and European consumer protection legislation.

For consumer goods purchased in Spain, the seller is generally responsible for a lack of conformity that becomes apparent within three years from delivery, subject to the applicable legal conditions and exceptions.

If a product does not conform to the sales contract, you are entitled to the remedies established by law.

These may include repair or replacement, and where legally appropriate, a price reduction or termination of the contract with a refund.

The remedies available will depend on the nature of the defect, the circumstances and the applicable legal requirements.

We do not exclude or reduce any mandatory consumer guarantee through these Terms.

9. CANCELLATIONS AND ORDER MODIFICATIONS

If you wish to cancel or modify an order, please contact us as soon as possible at plushmass@gmail.com.

We will make reasonable efforts to accommodate your request if the order has not yet entered the fulfilment or dispatch process.

Once an order has been dispatched, cancellation may no longer be possible. In such cases, consumers may still exercise their statutory right of withdrawal where applicable.

Any cancellation or refund will be handled in accordance with applicable consumer protection legislation and our Returns and Refunds Policy.

10. INTELLECTUAL PROPERTY

All intellectual property rights relating to our Website and its content belong to Plushmas, its licensors or the relevant rights holders.

This includes, without limitation:

  • Brand names, trademarks and logos.
  • Website design and layout.
  • Product descriptions and written content.
  • Photographs, graphics and illustrations.
  • Videos, visual materials and other creative content.
  • Original marketing materials.

You may access and use our Website for personal, non-commercial purposes.

You must not copy, reproduce, distribute, modify, publish, sell, commercially exploit or otherwise use our intellectual property without prior written authorisation from the relevant rights holder.

The purchase of a product does not grant you any ownership or intellectual property rights over the Website, product designs, trademarks or associated creative materials beyond the rights normally associated with ownership and lawful personal use of the purchased product.

All rights not expressly granted are reserved.

11. CUSTOMER REVIEWS AND FEEDBACK

We welcome customer feedback, suggestions and product reviews.

By submitting a review, comment, photograph or other content to us, you confirm that:

  • The content is truthful and based on your genuine experience.
  • You have the necessary rights and permissions to submit it.
  • The content does not infringe the rights of any third party.
  • The content is not unlawful, misleading, abusive or defamatory.

Where you submit content for publication on our Website or marketing channels, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and publish that content for purposes related to our business and the promotion of Plushmas.

This licence does not transfer ownership of your content.

We may moderate or remove content that violates these Terms or applicable law, or that is otherwise inappropriate.

Where required by law, we will disclose whether customer reviews have been verified or whether incentives have been provided in connection with reviews.

12. THIRD-PARTY SERVICES AND LINKS

Our Website may contain links, integrations, applications or services provided by independent third parties.

These services may include payment processors, delivery providers, analytics tools and other technology providers.

We do not own or control independent third-party websites and are not responsible for their content, availability or privacy practices.

Your use of third-party services may be subject to separate terms and privacy policies.

We recommend reviewing those policies before using external services.

Nothing in this section excludes any liability that we may have under mandatory applicable law.

13. RELATIONSHIP WITH SHOPIFY

Our online store is hosted by Shopify, which provides the technology and infrastructure necessary to operate our Website.

Although Shopify facilitates the provision of our online store, purchases made through Plushmas are transactions between you and the business operating Plushmas.

Shopify is not the seller of the products offered through our Website and is not responsible for fulfilling orders, managing returns or providing product guarantees.

Nothing in these Terms affects any rights or obligations that you may have directly against Shopify under its own agreements or applicable law.

14. PROHIBITED ACTIVITIES

You agree not to use our Website or Services:

  • For unlawful, fraudulent or deceptive purposes.
  • To violate applicable laws or regulations.
  • To infringe our intellectual property rights or those of third parties.
  • To upload or distribute viruses, malware or harmful code.
  • To interfere with the security or proper operation of our Website.
  • To attempt unauthorised access to our systems or other customers' information.
  • To submit false, misleading or fraudulent information.
  • To send unsolicited advertising, spam or other unauthorised communications.
  • To collect personal information from other users without a lawful basis.
  • To reproduce, extract or commercially exploit Website content without permission.
  • To engage in conduct that may compromise the security, integrity or availability of our Services.

We reserve the right to investigate suspected violations and take proportionate measures, including restricting access or suspending accounts where reasonably justified and legally permitted.

We may also cooperate with competent authorities where required by law.

15. WEBSITE AVAILABILITY AND TECHNICAL ERRORS

We make reasonable efforts to maintain the availability and proper functioning of our Website.

However, we cannot guarantee that the Website will always be available, uninterrupted or free from technical errors.

Access may occasionally be suspended or restricted for maintenance, updates, security reasons or circumstances beyond our reasonable control.

We reserve the right to modify, update or improve our Website and Services.

Such changes will not affect your mandatory consumer rights or any contractual obligations already undertaken by us.

16. EVENTS OUTSIDE OUR REASONABLE CONTROL

We will not be responsible for delays or failures to perform obligations caused by circumstances beyond our reasonable control, where such circumstances legally qualify as force majeure.

These may include natural disasters, extreme weather conditions, war, terrorism, epidemics, governmental restrictions, transport disruptions, strikes, major infrastructure failures or other comparable events.

Where such circumstances affect an order, we will take reasonable steps to minimise the impact and inform affected customers where appropriate.

Nothing in this section removes any statutory rights you may have, including rights to cancel an order or obtain a refund where legally applicable.

17. DISCLAIMER OF WARRANTIES

We aim to ensure that all information on our Website is accurate, complete and current.

Nevertheless, occasional errors, omissions or technical inaccuracies may occur.

To the extent permitted by law, we do not guarantee uninterrupted access to the Website or that every technical feature will always operate without error.

Products sold through Plushmas remain subject to all mandatory legal guarantees and consumer protection rights.

Nothing in these Terms excludes, restricts or modifies any warranty, guarantee or statutory right that cannot lawfully be excluded or restricted.

18. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Plushmas shall not be liable for indirect or unforeseeable losses arising from the improper or unlawful use of our Website by users.

We shall not be responsible for losses resulting from:

  • Incorrect information provided by the customer.
  • Unauthorised use of customer account credentials where such use is not attributable to our failure to comply with our legal obligations.
  • Misuse of products contrary to their instructions or intended purpose.
  • Circumstances beyond our reasonable control, where applicable law permits exclusion of liability.

However, nothing in these Terms excludes or limits our liability for:

  • Fraud, fraudulent misrepresentation or wilful misconduct.
  • Death or personal injury caused by negligence, where applicable.
  • Defective products or product safety obligations.
  • Breach of mandatory consumer protection rights.
  • Any other liability that cannot legally be excluded or limited.

These limitations shall not affect your statutory rights as a consumer.

19. INDEMNIFICATION

You agree to use our Website lawfully and in accordance with these Terms.

Where permitted by applicable law, you may be responsible for losses directly resulting from your unlawful conduct, fraudulent actions or deliberate infringement of third-party rights.

Nothing in this section requires consumers to waive their statutory rights or assume liability for matters for which Plushmas is legally responsible.

20. PERSONAL DATA AND PRIVACY

Your privacy is important to us.

Any personal information collected through our Website will be processed in accordance with our Privacy Policy and applicable data protection legislation, including the GDPR and Spanish data protection laws.

Our Privacy Policy explains what personal information we collect, why we collect it, how it is used, with whom it may be shared and what rights you have.

By using our Website, you acknowledge that you have had the opportunity to review our Privacy Policy.

You can access it through the relevant link on our Website.

21. ELECTRONIC COMMUNICATIONS

By using our Website or placing an order, you agree that we may communicate with you electronically regarding your purchases, account, customer service enquiries and other matters relating to our Services.

These communications may include order confirmations, invoices, shipping notifications, refund information and important service announcements.

Commercial and promotional communications will be sent in accordance with applicable electronic communications and data protection legislation.

You may unsubscribe from promotional communications at any time.

22. GOVERNING LAW AND JURISDICTION

These Terms of Service are governed by the laws of Spain and applicable European Union legislation.

Any disputes arising from the use of our Website or purchases made through Plushmas will be subject to the competent courts and tribunals determined by applicable law.

Where you are acting as a consumer, you will retain any mandatory rights concerning jurisdiction and the protection afforded by the laws of your habitual residence.

Nothing in these Terms deprives consumers of any mandatory legal protections available to them under the applicable legislation.

23. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where legally possible.

If this is not possible, the affected provision will be severed from these Terms.

The remaining provisions will continue to apply to the extent that they remain valid and enforceable.

This section does not affect any mandatory consumer rights.

24. NO WAIVER

If we do not exercise or enforce any right or provision of these Terms, this shall not constitute a waiver of that right or provision.

Any waiver must be expressly communicated by us and shall apply only to the specific circumstances for which it is granted.

25. ENTIRE AGREEMENT

These Terms of Service, together with the policies expressly referenced herein, constitute the agreement governing your use of our Website and Services.

They replace any previous versions of these Terms relating to the same subject matter.

In the event of a conflict between these Terms and mandatory consumer protection legislation, the applicable mandatory legislation shall prevail.

Where a specific policy provides additional conditions for a particular service, order or transaction, that policy shall apply to the relevant matter, provided that it does not conflict with mandatory law.

26. CHANGES TO THESE TERMS

We reserve the right to update or amend these Terms of Service from time to time to reflect changes in our business, Services, technology or applicable legislation.

The latest version will always be available on our Website.

Any changes will become effective upon publication unless a different effective date is specified.

Changes will not retroactively affect orders already accepted, except where required or permitted by applicable law.

We encourage customers to review these Terms periodically.

27. CONTACT INFORMATION

If you have any questions about these Terms of Service, our products or any purchase made through Plushmas, you can contact us using the following details:

Plushmas
Website: https://www.plushmas.store
Email: plushmass@gmail.com
Address: Ruperto ChapĂ­ 9, 18210 Granada, Spain

We will be happy to assist you with any questions or concerns.