TERMS AND CONDITIONS

1. Definitions
These general terms and conditions of sale comprehensively regulate all transactions involving the sale of products and services that may be offered, provided, or carried out through the website www.chupscomfort.com, owned by Laura Elena Usieto Rustarazo, with DNI 18055928P, registered address at Calle San Blas 15, Arcicóllar (45182), Toledo, Spain.

These terms and conditions may be modified by CHUPS at any time, with the user being informed of any new version that includes substantial changes.

This document (as well as any other documents mentioned herein) governs the conditions for the use of the website www.chupscomfort.com and the purchase or acquisition of services available on it.

Before accessing, browsing, and/or using this website, users must read these Terms and Conditions, the Legal Notice, and the General Terms of Use, including the cookie policy and the privacy and data protection policy.

By using this website or by placing and/or requesting the acquisition of a product and/or service through it, the user agrees to be bound by these Terms and Conditions and all previously mentioned documents. If the user does not agree, they should not use this website.

It is also noted that these Terms and Conditions may be modified. Users are responsible for reviewing them each time they access, browse, and/or use the website, as the terms in effect at the time of service acquisition will apply.

For any questions regarding these Terms and Conditions, users may contact the owner using the contact details provided above.

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2. Sales Channels
CHUPS markets its products and services through the following public sales channel:

The website www.chupscomfort.com.

3. The User
Accessing, browsing, and using the website confers user status, and by doing so, the user accepts all the conditions established herein, including any subsequent modifications, without prejudice to the mandatory legal regulations that may apply in specific cases.

The user agrees to use the website responsibly. This includes:

Using the website solely for making inquiries and legally valid purchases.
Not placing any false or fraudulent orders.
Providing truthful and lawful contact information, such as email address, postal address, and other details.
The user declares they are at least 18 years old and have the legal capacity to enter into contracts through this website.

The website is primarily intended for users residing in Spain. CHUPS does not guarantee that the website complies with the laws of other countries, either wholly or partially.

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4. Applicability of General Terms
These terms apply to:

Clients acquiring products or services as business owners or professionals.
Consumers acquiring products or services for personal use.
To be considered a Client, users must:

Be professionals and/or business owners.
Act with a purpose related to their commercial, business, trade, or professional activities.
End consumers are defined as those who do not meet the criteria to be considered Clients.

 

5. Purpose
These terms govern the contractual conditions for purchasing products and providing services, the compensation owed by the user to CHUPS, and the use of the service by the user. Services will be provided by CHUPS using the necessary technical, human, and operational resources, always in exchange for the prices in effect at the time.

The commercial conditions of this service and any promotions CHUPS may offer are always displayed on the website www.chupscomfort.com and can be consulted, stored, or printed.

The content and scope of services are governed by the respective contractual agreements, exclusively according to the service functionalities described in the contract on www.chupscomfort.com.

 

6. Conditions for Access and Purchase
Access to the CHUPS portal is free and grants user status to anyone who accesses it, regardless of subsequent use of the services offered.

Products and services on www.chupscomfort.com may only be purchased by users over 18 years old who follow the steps and instructions provided during the purchase process, including:

Completing the registration form.
Viewing the order summary on the screen, including delivery conditions and, if applicable, shipping costs.
Accepting the purchase conditions, which implies the irrevocable reading, understanding, and acceptance of these General Terms and any specific conditions that may apply.

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7. Orders Through the Website
No valid orders can be placed without explicitly accepting, via the checkboxes provided for this purpose, CHUPS's terms and conditions and privacy policy.

All orders are considered purchase offers subject to these terms and conditions. CHUPS reserves the right to accept or decline them if the specified requirements are not met.

Once an order is placed, the system automatically generates an acknowledgment of receipt for it. However, this confirmation does not constitute automatic acceptance of the order, as CHUPS reserves the right to request additional information regarding the user’s identity and address to ensure the correct shipment of the order and to prevent fraud related to transactions.

Orders can be placed 365 days a year, at any time, except during periods when the service is suspended due to maintenance or other commercial and/or force majeure circumstances.

All orders are subject to product availability. If it is not possible to deliver an order due to supply issues or lack of stock, the user will have the option to wait until the product is available or cancel the order.

 

8. Price
The price of each product is understood to be the one indicated for the product at the point of sale or displayed on the website at the time of placing the order. The user must pay the indicated price, which includes applicable taxes, along with shipping costs, which will be added to the final payment amount.

All prices used by CHUPS are in euros, inclusive of VAT, but excluding additional costs such as administration fees, duties, and travel, shipping, or transport expenses unless expressly stated otherwise.

All prices displayed by CHUPS on its website or otherwise communicated are subject to change at any time.

 

9. Payment
Payment for the order by the customer must be made immediately unless otherwise agreed or a different payment term is specified on the invoice.

Payment terms are strict. If the customer fails to pay the agreed amount by the due date, they will be considered in default by law, without the need for CHUPS to issue a reminder or notice of non-compliance.

CHUPS reserves the right to make delivery contingent on immediate payment or to require a guarantee for the total amount of the services or products.

Additionally, a payment delay of more than one month or the temporary suspension of services twice due to non-payment grants CHUPS the right to permanently discontinue services and terminate the contract, subject to prior notification with a 15-day notice period. CHUPS may also claim compensation for early cancellation of these General Terms and for any damages caused as a result of non-compliance.

 

10. Payment Methods
The accepted payment methods are:

Credit or debit card payments. CHUPS reserves the right to decline certain payments with specific credit cards.
CHUPS may modify payment methods at any time, including introducing new ones or removing existing ones. Users of www.chupscomfort.com cannot make claims based on such changes. However, if a payment method change affects an already placed order, CHUPS will contact the user to inform them and offer the option to cancel the order if deemed necessary.

Credit/Debit Card Payments: Transactions are processed online, in real-time, through the payment gateway of the corresponding financial entity once the provided data has been verified as correct. To maximize payment security, CHUPS uses secure payment systems provided by leading financial entities in e-commerce.

Confidential data is transmitted directly and encrypted (SSL) to the financial entity. The SSL encryption system ensures complete security for data transmission over the network. Credit card data is not stored in any database managed by CHUPS and is used solely within the financial entity's secure payment gateway.

Credit cards are subject to checks and authorizations by their issuing entities. If the entity does not authorize payment, CHUPS is not responsible for delays or non-delivery and cannot formalize any contract with the user.

CHUPS reserves the right to verify the personal data provided by the user and to take appropriate measures (including canceling the order) to ensure that purchased goods are delivered in accordance with the order details.

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11. Right of Withdrawal

Customers who qualify as businesses under the General Law for the Protection of Consumers and Users cannot exercise the right of withdrawal.

Final consumers have the right to withdraw from contracts made through www.chupscomfort.com within 14 calendar days without providing any justification.

The withdrawal period expires 14 calendar days from the day the consumer or a third party (other than the carrier) acquires physical possession of the goods.

To exercise the right of withdrawal, consumers must notify CHUPS of their decision through a clear statement (e.g., a letter sent by postal mail or email).

Contact details for exercising the right of withdrawal:

• Postal address: Calle San Blas 15, Arcicóllar (45182), Toledo, Spain.

• Email: info@chupscomfort.com.

To meet the withdrawal deadline, the communication regarding the exercise of this right must be sent before the withdrawal period expires.

In the event of withdrawal, CHUPS will refund all payments received from the user, including delivery costs (except additional costs for non-standard delivery methods chosen by the user) without undue delay and no later than 14 calendar days from the date the user informs CHUPS of their decision to withdraw. Refunds will be made using the same payment method used by the consumer unless otherwise agreed. The user will not incur any fees as a result of the refund.

CHUPS may withhold the refund until receiving the goods or until the user provides proof of their return, whichever comes first.

The consumer will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning.

Certain products cannot be returned for health or hygiene reasons once unsealed after delivery. This includes, but is not limited to, beauty care products if their seal is removed.

Withdrawal is not applicable to contracts concerning:

• Goods whose price depends on market fluctuations beyond CHUPS’s control.

• Customized goods or those made to consumer specifications.

• Goods that deteriorate or expire quickly.

• Sealed goods not suitable for return due to health or hygiene reasons once unsealed.

• Goods that, after delivery, are inseparably mixed with other items.

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12. Duration of the Service Agreement

The agreement between CHUPS and the client regarding a service or services is entered into for a defined period unless the nature of the agreement or explicit written terms between the parties indicate otherwise.

If an agreement has been established for a defined period, it will automatically convert into an indefinite agreement upon the expiration of the initial period unless one of the parties terminates the agreement with proper notice. Consumers may terminate the agreement with one month's notice, resulting in the agreement ending by operation of law.

If a timeline for completing specific tasks has been agreed upon within the term of the agreement and this timeline is exceeded, the client must notify CHUPS in writing of the breach.

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13. Intellectual Property

CHUPS retains all intellectual property rights (including copyrights, patent rights, trademark rights, design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, etc., unless otherwise agreed upon in writing by the parties.

The client may not copy, cause to be copied, distribute, or otherwise make available to third parties any intellectual property rights mentioned above without prior written consent from CHUPS.

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12. Duration of the Service Agreement

The agreement between CHUPS and the client regarding a service or services is entered into for a defined period unless the nature of the agreement or explicit written terms between the parties indicate otherwise.

If an agreement has been established for a defined period, it will automatically convert into an indefinite agreement upon the expiration of the initial period unless one of the parties terminates the agreement with proper notice. Consumers may terminate the agreement with one month's notice, resulting in the agreement ending by operation of law.

If a timeline for completing specific tasks has been agreed upon within the term of the agreement and this timeline is exceeded, the client must notify CHUPS in writing of the breach.

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13. Intellectual Property

CHUPS retains all intellectual property rights (including copyrights, patent rights, trademark rights, design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, etc., unless otherwise agreed upon in writing by the parties.

The client may not copy, cause to be copied, distribute, or otherwise make available to third parties any intellectual property rights mentioned above without prior written consent from CHUPS.

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14. Customer Service

CHUPS has a customer service department available for users to manage complaints, inquiries, requests for guarantees, or exercise their right of withdrawal.

Users can direct their complaints, claims, or requests for information to the Customer Service department via:

• Email: info@chupscomfort.com.

All inquiries, especially complaints and suggestions, will be handled as quickly as possible, without exceeding the deadlines established by applicable laws. Users will receive confirmation of receipt through written means, either on paper or another durable medium.

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15. Technical Means to Correct Errors

Users are informed that they can correct errors in the data necessary to process their purchase request by contacting info@chupscomfort.com.

Additionally, users have access to their personal space, shopping cart, or basket, where they can modify their purchase requests.

For further details, users are referred to the Legal Notice and General Terms of Use to understand how to exercise their right to rectify information under the provisions of Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

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16. CHUPS's Liability

CHUPS is only responsible for damages incurred by the client to the extent that such damages are caused intentionally or through deliberate recklessness.

If CHUPS is liable for any damages, liability is limited to direct damages arising from or related to the execution of an agreement.

CHUPS is not liable for indirect damages, such as consequential damages, loss of profits, lost savings, or third-party damages.

If CHUPS is held liable, such liability is limited to the amount covered by its liability insurance. In the absence of such coverage, liability is limited to the invoice amount.

All images, photos, colors, drawings, and descriptions on the website or in a catalog are for illustrative purposes only and may not give rise to compensation or partial dissolution of the agreement or suspension of any obligation.

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17. Modification of Terms and Conditions

CHUPS reserves the right to amend or supplement these general terms and conditions.

Minor changes may be made at any time.

Significant changes will be discussed with the client in advance whenever possible.

Consumers have the right to terminate the agreement if substantial changes are made to the general terms and conditions.

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18. Personal Data Protection

Laura Elena Usieto Rustarazo is responsible for processing users' personal data and informs users that this data will be handled in accordance with Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPDGDD), and Regulation (EU) 2016/679, of April 27, 2016 (GDPR). The following details are provided:

A. Purpose of Data Processing

• To maintain a commercial relationship with the user.

B. Data Collected Personal data collected on this site include:

• Account creation: Name, surname, phone number, postal address, NIF/CIF.

• Login: User’s name, surname, access data, usage data, location, and payment details.

• Profile: Address and phone number.

• Payment: Financial data related to bank accounts or credit cards.

• Communication: Temporarily stored communication data between users.

• Cookies: Collected during website use, with an option to disable cookies in the browser settings.

C. Use of Personal Data

• Providing customer support.

• Personalizing services by displaying ads based on browsing history.

• Fraud prevention and security incident management.

• Resolving potential disputes with users.

• Sending commercial and promotional information, per user preferences.

D. Sharing Personal Data with Third Parties Personal data may be shared with third parties in the following cases:

• To facilitate payment services via financial institutions.

• For public comments published on the website.

• With service providers for support services, advertising, and payment processing.

• When required by law for administrative or judicial procedures.

E. Security and Confidentiality The website implements organizational, technical, and physical measures to protect personal data against unauthorized access or alteration. However, given the nature of the internet, absolute security cannot be guaranteed.

F. User Rights Users have the following rights under personal data regulations:

• Withdraw consent at any time.

• Access, rectify, transfer, delete data, or limit/oppose its processing.

• File complaints with a supervisory authority (agpd.es) if data processing does not comply with current regulations.

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19. Language of the Contract

These general terms of sale are drafted in Spanish. In the event of discrepancies between versions, the Spanish text will prevail.

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12. Duration of the Service Agreement

The agreement between CHUPS and the client regarding a service or services is entered into for a defined period unless the nature of the agreement or explicit written terms between the parties indicate otherwise.

If an agreement has been established for a defined period, it will automatically convert into an indefinite agreement upon the expiration of the initial period unless one of the parties terminates the agreement with proper notice. Consumers may terminate the agreement with one month's notice, resulting in the agreement ending by operation of law.

If a timeline for completing specific tasks has been agreed upon within the term of the agreement and this timeline is exceeded, the client must notify CHUPS in writing of the breach.

​

13. Intellectual Property

CHUPS retains all intellectual property rights (including copyrights, patent rights, trademark rights, design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotes, images, sketches, models, etc., unless otherwise agreed upon in writing by the parties.

The client may not copy, cause to be copied, distribute, or otherwise make available to third parties any intellectual property rights mentioned above without prior written consent from CHUPS.

​

14. Customer Service

CHUPS has a customer service department available for users to manage complaints, inquiries, requests for guarantees, or exercise their right of withdrawal.

Users can direct their complaints, claims, or requests for information to the Customer Service department via:

• Email: info@chupscomfort.com.

All inquiries, especially complaints and suggestions, will be handled as quickly as possible, without exceeding the deadlines established by applicable laws. Users will receive confirmation of receipt through written means, either on paper or another durable medium.

​

15. Technical Means to Correct Errors

Users are informed that they can correct errors in the data necessary to process their purchase request by contacting info@chupscomfort.com.

Additionally, users have access to their personal space, shopping cart, or basket, where they can modify their purchase requests.

For further details, users are referred to the Legal Notice and General Terms of Use to understand how to exercise their right to rectify information under the provisions of Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

​

16. CHUPS's Liability

CHUPS is only responsible for damages incurred by the client to the extent that such damages are caused intentionally or through deliberate recklessness.

If CHUPS is liable for any damages, liability is limited to direct damages arising from or related to the execution of an agreement.

CHUPS is not liable for indirect damages, such as consequential damages, loss of profits, lost savings, or third-party damages.

If CHUPS is held liable, such liability is limited to the amount covered by its liability insurance. In the absence of such coverage, liability is limited to the invoice amount.

All images, photos, colors, drawings, and descriptions on the website or in a catalog are for illustrative purposes only and may not give rise to compensation or partial dissolution of the agreement or suspension of any obligation.

​

17. Modification of Terms and Conditions

CHUPS reserves the right to amend or supplement these general terms and conditions.

Minor changes may be made at any time.

Significant changes will be discussed with the client in advance whenever possible.

Consumers have the right to terminate the agreement if substantial changes are made to the general terms and conditions.

​

18. Personal Data Protection

Laura Elena Usieto Rustarazo is responsible for processing users' personal data and informs users that this data will be handled in accordance with Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPDGDD), and Regulation (EU) 2016/679, of April 27, 2016 (GDPR). The following details are provided:

A. Purpose of Data Processing

• To maintain a commercial relationship with the user.

B. Data Collected Personal data collected on this site include:

• Account creation: Name, surname, phone number, postal address, NIF/CIF.

• Login: User’s name, surname, access data, usage data, location, and payment details.

• Profile: Address and phone number.

• Payment: Financial data related to bank accounts or credit cards.

• Communication: Temporarily stored communication data between users.

• Cookies: Collected during website use, with an option to disable cookies in the browser settings.

C. Use of Personal Data

• Providing customer support.

• Personalizing services by displaying ads based on browsing history.

• Fraud prevention and security incident management.

• Resolving potential disputes with users.

• Sending commercial and promotional information, per user preferences.

D. Sharing Personal Data with Third Parties Personal data may be shared with third parties in the following cases:

• To facilitate payment services via financial institutions.

• For public comments published on the website.

• With service providers for support services, advertising, and payment processing.

• When required by law for administrative or judicial procedures.

E. Security and Confidentiality The website implements organizational, technical, and physical measures to protect personal data against unauthorized access or alteration. However, given the nature of the internet, absolute security cannot be guaranteed.

F. User Rights Users have the following rights under personal data regulations:

• Withdraw consent at any time.

• Access, rectify, transfer, delete data, or limit/oppose its processing.

• File complaints with a supervisory authority (agpd.es) if data processing does not comply with current regulations.

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19. Language of the Contract

These general terms of sale are drafted in Spanish. In the event of discrepancies between versions, the Spanish text will prevail.

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20. Governing Law

Users agree to use CHUPS’s website and services in compliance with the law, these General Terms, the Legal Notice, and the General Terms of Use, as well as any applicable regulations or instructions.

These general terms are governed by Spanish law. Spanish courts and tribunals shall have jurisdiction over any disputes relating to the interpretation, application, and enforcement of these terms. Users expressly waive any other jurisdiction that may apply and voluntarily submit to the jurisdiction of the courts in the city of Laura Elena Usieto Rustarazo’s residence.

For more information or queries, please contact us via info@chupscomfort.com.

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