Legal
Terms of Service
Welcome to Pomverde Shop! The terms "we", "us" and "our" refer to Pomverde Shop, a trade name of Nicoleta Maria Coca, a sole trader (autónomo) established in Spain, NIF ESY3398221P, with registered address at Calle de San Martín 8, 1A, 28320 Madrid, Spain, contactable at . Full identification details are published on our page.
Pomverde Shop operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Pomverde Shop is powered by Shopify, which enables us to provide the Services to you.
The below 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 warranty 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 . If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
YOUR RIGHTS AS A CONSUMER
If you are buying as a consumer — that is, for purposes outside your trade, business, craft or profession — you have rights under European Union and national consumer law that cannot be excluded or limited by these Terms. Nothing in these Terms of Service affects those rights. In particular:
- You may cancel within 14 days. You have the right to withdraw from your purchase within 14 days of receiving it, without giving any reason. You can use the or simply email us. Full details are in our . Personalised and custom-made items are excluded, as permitted by Art. 16(c) of Directive 2011/83/EU.
- Your goods are guaranteed. Every product comes with the legal guarantee of conformity — a minimum of 2 years across the EU, and 3 years for consumers in Spain. If an item is not as it should be, you are entitled to repair or replacement free of charge, or to a price reduction or refund.
- Risk stays with us until delivery. You are not responsible for loss or damage in transit.
- Your home law still protects you. Wherever you live in the EU, you keep the mandatory consumer protections of your own country.
Where any term below conflicts with these rights, these rights prevail.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years old, or at least the age of majority in your country of residence if that age is different, and 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 asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person. If you become aware of any unauthorised use of your account, please tell us at as soon as you can.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
Our products are printed to order. Small variations in print placement, colour and garment shade between individual items are inherent to that process and are normal.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Changes of this kind do not affect any order we have already accepted.
Nothing in this section limits the legal guarantee of conformity described in the "Your rights as a consumer" section above.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Pomverde Shop reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Pomverde Shop confirms acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made, and we will refund any payment taken in full.
Because our products are printed to order, we may be unable to accommodate cancellation requests after an order is accepted — but this does not affect your 14-day right of withdrawal once you have received the item.
Your purchases are subject to return or exchange in accordance with our , in addition to your statutory right of withdrawal and the legal guarantee of conformity, which our Refund Policy does not replace or restrict.
If you are buying as a business rather than as a consumer, the consumer protections described in these Terms do not apply to you.
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 set out in your order confirmation email.
Prices shown in our store include VAT at the applicable rate. Shipping costs are not included in the product price; they are calculated and shown to you separately at checkout, before you complete your order. We ship only within the European Union, so no customs duties or import charges apply to your order.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern, except where these Terms give you greater protection.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. 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 payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method for the purchase, and (iii) you will pay charges incurred by you at the posted prices, including shipping charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
Unless we agree otherwise with you, we will deliver your order without undue delay and in any event within 30 days of the day your order is accepted. If we fail to deliver within that period, you may ask us to deliver within an additional period appropriate to the circumstances, and if we fail to do so, you are entitled to terminate the contract and receive a full refund (Art. 18, Directive 2011/83/EU).
Delivery time estimates shown at checkout are estimates only and are not guaranteed. Where a delay is caused by a shipping carrier or by events outside our reasonable control, that does not affect your rights under the paragraph above.
Risk of loss and damage passes to you only when you — or a third party you have designated, other than the carrier — take physical possession of the products (Art. 20, Directive 2011/83/EU). If your order is lost or damaged in transit, contact us at and we will replace it or refund you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Pomverde Shop, its affiliates or licensors and are protected by Spanish, European Union and international copyright, trade mark, design and other intellectual property laws.
These Terms permit you to use the Services for your 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 of the material on the Services without our prior written consent, except where such use is permitted by law. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Pomverde Shop, Shopify or any third party. All rights not expressly granted herein are reserved by Pomverde Shop.
Pomverde Shop's names, logos, product and service names, designs, and slogans are trademarks of Pomverde Shop or its affiliates or licensors. You must not use such trademarks without the prior written permission of Pomverde Shop. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor 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, to the extent permitted by law. Any use by you of the optional tools offered through the site is at your own discretion, and you should ensure that you are familiar with and approve of the terms on which 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 deemed part of the Services and are subject to these Terms of Service.
This section does not limit our liability for the Services themselves, or any of your rights described in the "Your rights as a consumer" section above.
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 you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites, to the extent permitted by law. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Pomverde Shop is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Pomverde Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Pomverde Shop, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Pomverde Shop.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our , and certain personal information may be subject to . By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our for more details on how we, Shopify, and our partners use your personal information, and for how to exercise your rights under the General Data Protection Regulation (EU) 2016/679.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services.
This licence is granted only to the extent permitted by applicable law. Your inalienable moral rights in your Feedback are unaffected, including your rights of attribution and integrity under Spanish law (Art. 14, Texto Refundido de la Ley de Propiedad Intelectual) and equivalent provisions in your country of residence.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service. Where we remove Feedback you have submitted, we will tell you why on request.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene content, 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 Feedback. You are responsible for any Feedback you make and its accuracy.
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, 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 at any time without prior notice.
We may decline or cancel an order at any time before we have accepted it, as described in Section 3. If we discover an obvious pricing or description error affecting an order we have already accepted, we will contact you promptly, and you may choose either to proceed at the correct price or to cancel the order for a full refund. We will not simply cancel an accepted order without offering you that choice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws, regulations, rules or 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 person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Pomverde Shop, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tool, automatic device or process, or automated or manual means to access the Services, except as expressly permitted by Section 14 (Agents) below; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.
We may suspend, disable, or terminate your account if we determine that you have breached this section. Where we do so, we will tell you why unless we are legally prevented from doing so, and this does not affect any order we have already accepted or any refund you are due.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, and you will remain liable for all amounts due up to and including the date of termination. Where reasonably possible we will give you notice, and where the termination is not due to your breach of these Terms we will give you reasonable notice.
Termination does not affect any order we have already accepted, any refund you are due, or any of your statutory rights, including your right of withdrawal and the legal guarantee of conformity.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, Complaints and Dispute Resolution, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED BY POMVERDE SHOP, THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
This section does not apply to the products you buy from us. If you are a consumer, the products we sell you carry the full legal guarantee of conformity — a minimum of 2 years across the EU, and 3 years in Spain (Directive (EU) 2019/771; Spanish TRLGDCU) — and nothing in this section excludes, restricts or otherwise affects that guarantee or any other mandatory consumer right.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, AND SUBJECT TO THE EXCEPTIONS BELOW, POMVERDE SHOP, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES.
Nothing in these Terms excludes or limits our liability for:
(a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; (d) defective products, under Directive (EU) 2024/2853 on liability for defective products and its national implementations; (e) the legal guarantee of conformity and your right of withdrawal; or (f) any other liability that cannot be excluded or limited under applicable law.
Where our liability can lawfully be limited, it is limited to loss that was reasonably foreseeable at the time the contract was made. We are not liable for loss arising from your use of the Services for any commercial or business purpose.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pomverde Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your misuse of the Services.
If you are a consumer, you are liable under this section only to the extent that the loss arises from your own breach or fault, and only for loss that was reasonably foreseeable. We will notify you of any claim we intend to make under this section, and we will not settle any claim that imposes non-monetary obligations on you without your consent, which you shall not unreasonably withhold.
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 to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies we post on this site and the pre-contractual information we provided to you before you placed your order — which forms an integral part of the contract (Art. 6(5), Directive 2011/83/EU) — constitute the entire agreement between you and us governing your use of the Services.
Where any term of these Terms of Service is ambiguous, the interpretation most favourable to you as a consumer shall prevail (Art. 5, Directive 93/13/EEC).
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations, provided that doing so does not reduce the rights or guarantees you have under these Terms or under law. We will tell you if we do so.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services are governed by the law of Spain.
If you are a consumer habitually resident in another EU Member State, you also retain the protection of the mandatory provisions of the law of your country of residence (Art. 6, Regulation (EC) No 593/2008 — "Rome I"). For consumers resident in Romania, this includes Romanian consumer law, in particular OUG 34/2014.
As a consumer, you may bring proceedings either in the courts of Spain or in the courts of the country where you are domiciled. We may bring proceedings against you only in the courts of the country where you are domiciled (Arts. 17–19, Regulation (EU) No 1215/2012 — "Brussels Ia").
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only 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 may update, change, or replace any part of these Terms of Service by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice.
Changes apply only going forward. The version of these Terms in force at the time you place an order governs that order — we will not apply a later version to a purchase you have already made.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at .
Our contact information is posted below:
Nicoleta Maria Coca, trading as Pomverde Shop Calle de San Martín 8, 1A, 28320 Madrid, Spain NIF / VAT: ESY3398221P
Pomverde Shop is a sole trader (autónomo) established in Spain and is therefore not entered in the Registro Mercantil. Full identification details, as required by Art. 10 of Spanish Law 34/2002 (LSSI), are published on our page.
SECTION 26 - COMPLAINTS AND DISPUTE RESOLUTION
If something has gone wrong, please contact us first at . We aim to acknowledge complaints within 2 business days and resolve them as quickly as we can.
If we cannot resolve your complaint between us, the following routes are available to you:
- Cross-border purchases within the EU: the European Consumer Centres Network (ECC-Net) offers free advice and assistance —
- Consumers in Spain: the consumer authorities of your Autonomous Community, or the municipal consumer information office (OMIC).
- Consumers in Romania: the National Authority for Consumer Protection (ANPC) —
- Courts: you may bring proceedings as described in Section 22.