Terms of Service — Calmora

GENERAL INFORMATION

Welcome to Calmora! The terms "we", "us" and "our" refer to Ángel Iglesias López (NIF 70926812X), owner of the Calmora brand (hereinafter, "Calmora"). Calmora operates this store and website, including all related information, content, features, tools, products and services to offer you, the customer, a select shopping experience (the "Services"). Calmora is powered by Shopify, which allows us to offer you the Services.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully as they include important information about your legal rights and cover areas such as warranty, disclaimer and limitation of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or 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 legal age of majority where you reside 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 information you provide in our store 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 all account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to ensure that our products and services are accurately displayed in our online store. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product that we offer to any person, geographic region or jurisdiction, on an individual basis.

Information about the intended use of our products is general and informative in nature. Our products are not intended to diagnose, treat, cure, or prevent any disease, including sleep disorders such as sleep apnea. If you have a sleep-related medical condition, consult a healthcare professional before using our products.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Calmora reserves the right to accept or reject your order for any reason, in its sole discretion. Your order will not be accepted until Calmora confirms that it accepts it. We must receive and process your payment before we accept your order. You should review your orders carefully before purchasing, as Calmora may not be able to handle cancellation requests after an 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 you using the email, billing address, or phone number provided to us at the time the order was made.

You may return or exchange your purchase only in accordance with our Return Policy, which incorporates your legal right of withdrawal within a period of 14 days in accordance with European Union regulations.

You represent and warrant that your purchase is for your personal or household use and not for commercial resale or 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 indicated in the order confirmation sent to you by email. The published prices include the applicable VAT, unless expressly indicated otherwise; Shipping costs will be shown separately before confirming the purchase, in accordance with our Shipping Policy.

We may, from time to time, offer promotions on the Services that may affect pricing strategies and are governed by terms and conditions that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorized to use such payment method, (iii) the charges you incur will be accepted by the issuing entity, and (iv) you will pay the charges you incur at the published prices, including shipping costs and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery of your orders are governed by our Shipping Policy. Delivery times indicated are estimates and are not guaranteed unless expressly stated otherwise. We will not be responsible for delays caused by the shipping company, customs procedures or events beyond our reasonable control.

SECTION 6 - RIGHT OF WITHDRAWAL AND LEGAL GUARANTEE

Right of withdrawal. If you are a consumer and your order is sent within the European Union, you have a period of 14 calendar days from receipt of the product to withdraw from your purchase without having to justify the reason, in accordance with Royal Legislative Decree 1/2007. The conditions to exercise this right are detailed in our Return Policy.

Legal guarantee of conformity. The products sold by Calmora have the 3-year legal guarantee of conformity provided for in Spanish consumer protection regulations, applicable to products that are defective or do not comply with the contract at the time of delivery. This warranty is independent and non-waivable, and is not limited by any other provision of these Terms. To exercise it, contact us at by.calmora.store@gmail.com.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos and audio, and the design, selection and arrangement thereof, are the property of Calmora, its affiliate or licensor, and are protected by copyright, trademark and other applicable intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Calmora.

The names, logos, product and service names, designs and slogans of Calmora are trademarks or distinctive signs of Calmora or its affiliate or licensor. You must not use them without prior written permission. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos and brands on the Services are the property of their respective owners.

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to client tools offered by third parties as part of the Services, over which we neither monitor nor control. We provide access to such tools “as is” and “as available” without any warranties or endorsement. We shall have no liability whatsoever arising from your use of optional third-party tools. Any use you make of them is at your own risk and you should familiarize yourself with the terms of the relevant provider.

SECTION 9 - THIRD PARTY LINKS

The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of such materials or sites. If you decide to access them, you do so at your own risk. Complaints, claims or questions regarding third-party products and services should be directed to the appropriate third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Calmora is powered by Shopify, which allows us to offer you the Services. However, any sales or purchases you make in our store are made directly with Calmora. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Calmora. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or related to your purchase and transaction with Calmora, without prejudice to the non-waivable rights that you have as a consumer against Calmora.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

SECTION 12 - COMMENTS

If you submit, upload or transmit any ideas, suggestions, comments or reviews (collectively, "comment"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such feedback in any media and for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to your comments; (ii) you have disclosed any compensation received in connection with your submission; and (iii) your comment complies with these Terms. We are under no obligation to keep your comment confidential, to pay compensation for it, or to respond to it.

We may, but are not obliged to, monitor, edit or remove comments which we consider to be unlawful, offensive or contrary to these Terms.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, shipping charges or availability. We reserve the right to correct any such errors and to update information or cancel orders if any information is inaccurate, even after you have placed your order, without prejudice to your legal rights as a consumer.

SECTION 14 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services for any illegal or malicious purpose, to infringe the rights of third parties, to transmit false or misleading information, to send spam or unsolicited communications, to impersonate another person, or to engage in any conduct that restricts other users from using the Services or that may harm Calmora, Shopify or third parties.

You may also not upload viruses or malicious code, scrape or resell content from the Services without authorization, collect personal information from other users, or use robots, scraping or other automated tools (including agentic AI) to access the Services without our consent. We reserve the right to suspend or terminate your account if we determine that you have violated these Terms.

SECTION 15 - AGENTS

This section applies if you use or allow an Agent (software that acts autonomously or semi-autonomously on your behalf) to access the Services. No Agent may access the Services unless they identify themselves as such in each request (using "Agent/[name]" in the user-agent), do not hide their automated nature, answer truthfully about their status when asked, and do not circumvent technical measures intended to control their access. We may limit, technically or otherwise, any Agent's access to the Services.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services at our discretion at any time, without prejudice to your already acquired rights as a consumer regarding orders already placed. You will remain responsible for any amounts owed until the date of termination.

The following sections will continue to apply upon termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Applicable Law, Privacy Policy and any other provisions which by their nature should survive.

SECTION 17 – DISCLAIMER

The information presented on the Services is provided for general informational purposes. We do not guarantee its accuracy, completeness or usefulness, without prejudice to the legal guarantee of conformity described in Section 6, which is in no case excluded or limited by this clause.

To the extent permitted by applicable consumer regulations, the Services are provided on an "as is" and "as available" basis. This exclusion does not affect the rights that the law imperatively recognizes for consumers, including the right of withdrawal and the legal guarantee of conformity.

SECTION 18 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, and without prejudice to your non-waivable rights as a consumer, neither Calmora nor its partners, directors, employees or suppliers will be liable for indirect, incidental, special or consequential damages arising from the use of the Services, including loss of profits or data. Nothing in this clause limits Calmora's liability for intent, gross negligence, personal injury, or for breach of the legal guarantee of conformity or the right of withdrawal.

SECTION 19 - INDEMNIFICATION

You agree to indemnify and hold Calmora, Shopify, and our affiliates harmless from any loss, damage, or third-party claim, including attorneys' fees, arising from (1) your breach of these Terms, (2) your violation of the law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 20 - DIVISIBILITY

If any provision of these Terms is deemed unlawful, void or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed without affecting the validity of any remaining provisions.

SECTION 21 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise any right or provision of these Terms does not constitute a waiver thereof. These Terms, together with the referenced policies, constitute the entire agreement between you and Calmora regarding the use of the Services.

SECTION 22 - ASSIGNMENT

You may not assign this agreement or your rights or obligations under these Terms without our prior written consent. We may assign these Terms and our rights and obligations without your consent, provided that this does not affect your rights as a consumer.

SECTION 23 - APPLICABLE LAW AND JURISDICTION

These Terms of Service are governed by and construed in accordance with Spanish law. If you are a consumer, any dispute will be submitted to the Courts and Tribunals of your domicile, in accordance with consumer protection regulations, without this clause depriving you of the protection granted by the mandatory provisions of the country in which you reside.

Additionally, as a European Union consumer, you can access the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr.

SECTION 24 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right to update or modify these Terms by posting them on our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms of Service should be directed to by.calmora.store@gmail.com.