Terms of Service

Overview

Welcome to Swallow. In these Terms of Service, "we", "us" and "our" refer to Swallow S.L., the company that operates this store and website, including all related information, content, features, tools, products and services provided to you, the customer (the "Services"). Swallow is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced within them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. 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 Privacy Policy. If you do not agree, you should not use or access our Services.

Nothing in these Terms limits or affects your statutory rights as a consumer under Spanish and EU law. Where any term conflicts with a right you cannot waive, that right prevails.

Section 1 - Access and account

By agreeing to these Terms, you confirm that you are at least the age of majority in your country of residence, which in Spain is 18. If you allow a minor in your care to use the Services on a device you own or manage, you accept responsibility for their use.

To use the Services, including browsing our store or purchasing our products, you may be asked to provide certain information, such as your email address and billing, payment, and delivery details. You confirm that the information you provide is correct, current, and complete, and that you have the right to provide it.

If you create an account, you are responsible for keeping your credentials secure and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.

Section 2 - Our products

We have made every effort to represent our products accurately. Please note that colours and product appearance may differ from how they appear on your screen, depending on your device and its settings.

We do not warrant that the appearance or quality of any product will be identical to how it is shown online. All product descriptions may change at any time at our discretion. We may discontinue any product, and may limit the quantities we offer to any person, region, or jurisdiction, on a case-by-case basis.

Our coffee is roasted fresh to order and is a perishable food. Return rights specific to coffee and other products are set out in our Refund Policy.

Section 3 - Orders

When you place an order, you are making an offer to purchase. We may accept or decline your order at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted.

Please review your order carefully before submitting, as we may be unable to change or cancel it once accepted. If we do not accept, change, or cancel an order, we will try to notify you using the email, billing address, or phone number you provided.

Your purchases are subject to return in accordance with our Refund Policy. You confirm that your purchases are for your own personal or household use, and not for commercial resale or export.

Section 4 - Prices and payment

The price charged for a product is the price in effect when the order is placed, as set out in your order confirmation email. Prices may change without notice. Unless stated otherwise, posted prices do not include taxes, delivery, handling, customs, or import charges, which are shown before you complete your order.

Prices online may differ from prices in our physical location. From time to time we may offer specific promotions, which are governed by their own terms. Where those terms conflict with these Terms, the promotion terms apply.

You agree to provide current, complete, and accurate payment and account information for all purchases, and to keep it up to date so we can complete your transactions and contact you when needed. You confirm that you are authorised to use the payment method you provide, and that you will pay all charges incurred at the posted prices, including delivery and applicable taxes.

Section 5 - Delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our reasonable control.

Risk of loss or damage to the products passes to you when the products are delivered to you or to a person you have nominated to receive them. Where you have arranged your own carrier not offered by us, risk passes when the products are handed to that carrier.

Section 6 - Intellectual property

The Services, including all trademarks, brands, text, images, graphics, video, audio, and the design, selection, and arrangement of them, are owned by Swallow S.L., its affiliates, or licensors, and are protected by Spanish, EU, and international 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, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated, nothing in these Terms grants you any licence or right under any patent, trademark, copyright, or other intellectual property of Swallow, Shopify, or any third party. All rights not expressly granted are reserved.

Swallow's names, logos, product and service names, designs, and slogans are trademarks of Swallow S.L. or its affiliates or licensors, and may not be used without our prior written permission. Shopify's marks are trademarks of Shopify. All other marks on the Services belong to their respective owners.

Section 7 - Optional tools

You may be given access to tools offered by third parties that we do not monitor or control. We provide access to such tools "as is" and "as available", without warranties or endorsement of any kind, and we accept no liability arising from your use of them. Any use of these optional tools is at your own risk, and you should familiarise yourself with the relevant third party's terms. New features or tools we add in future also form part of the Services and are subject to these Terms.

Section 8 - Third-party links

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm arising from your use of them or from any purchase you make through them. Please review each third party's policies before you engage with them. Complaints about third-party products or services should be directed to that third party.

Section 9 - Relationship with Shopify

Swallow 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 Swallow S.L. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and Swallow, including any injury, damage, or loss resulting from purchased products and services. You release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Swallow.

Section 10 - Privacy

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

Because the Services are hosted by Shopify, Shopify collects and processes information about your use of the Services in order to provide and improve them. Information you submit may be transmitted to Shopify and to third parties that may be located in countries other than your own, in order to provide the Services to you. Please see our Privacy Policy for details on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use, for example to operate, improve, and promote the Services.

You confirm that you own or have all necessary rights to your Feedback, that you have disclosed any compensation received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it.

We may, but are not obliged to, monitor, edit, or remove Feedback that we consider unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that infringes any party's rights. You agree that your Feedback will not infringe any third-party right, will not be unlawful or abusive, and will not contain any virus or malware. You may not misrepresent your identity or the origin of any Feedback. You are solely responsible for the Feedback you submit and its accuracy.

Section 12 - Errors, inaccuracies, and omissions

Occasionally the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, delivery charges, transit times, or availability. We may correct any such errors and change or update information, or cancel an order, if any information is inaccurate at any time without prior notice, including after you have submitted your order. Where we cancel an order you have already paid for, we will refund you in full.

Section 13 - Prohibited uses

You may use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, harm, defame, or intimidate our staff or any other person; (e) to transmit false or misleading information; (f) to send or procure the sending of any unsolicited advertising, junk mail, or spam; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts anyone's use of the Services, or that may harm Swallow, Shopify, or other users, or expose them to liability.

You also agree not to: (a) upload or transmit any virus or malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, or otherwise deceive the Services; (e) use any robot, spider, scraper, or automated means to access the Services except as expressly permitted; or (f) bypass or circumvent any security or access-control measures we use.

We may suspend, disable, or terminate your access at any time if we reasonably determine that you have breached these Terms.

Section 14 - Automated agents

14.1 This section applies if you use, enable, or cause the deployment of an Agent to access or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person, and that can operate without direct supervision.

14.2 No Agent may access or interact with the Services unless it identifies itself and operates in accordance with the requirements below, and no Agent may access the Services if we have asked it to refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses the Services.

14.4 Agents must: (i) identify in each request that it comes from an Agent, and disclose the Agent's name in the user-agent string as "Agent/[agent name]"; (ii) not conceal that access is from an Agent, including by mimicking human behaviour or by completing or circumventing measures intended to distinguish humans from software; (iii) respond truthfully to any prompt seeking to determine whether an interaction is human; and (iv) not circumvent any measure intended to control how Agents access the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services at any time, and you will remain liable for all amounts due up to the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive.

Section 16 - Disclaimer of warranties

The information presented through the Services is provided for general information only. We do not warrant its accuracy, completeness, or usefulness, and any reliance you place on it is at your own risk.

Except as expressly stated by us, and except for your statutory rights as a consumer, the Services and all products offered through them are provided on an "as is" and "as available" basis, without warranties or conditions of any kind, whether express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Nothing in this section affects your statutory rights as a consumer, including the legal guarantee of conformity under Spanish law, which we always honour.

Section 17 - Limitation of liability

To the fullest extent permitted by law, and subject to the paragraph below, neither Swallow S.L. nor our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, nor those of Shopify, shall be liable for any indirect, incidental, special, or consequential loss of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any product purchased through them.

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud, and for any statutory rights you have as a consumer that cannot be excluded or limited by agreement.

Section 18 - Indemnification

You agree to indemnify and hold harmless Swallow S.L., Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, brought by a third party and arising directly from (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your misuse of the Services. This obligation does not apply to the extent that a loss results from our own negligence or breach.

Section 19 - Severability

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

Section 20 - Waiver and entire agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with any policies we post in connection with the Services, constitute the entire agreement between you and us regarding your use of the Services, and supersede any prior agreements between us, including any earlier versions of these Terms.

Where you are a consumer, any ambiguity in these Terms shall be interpreted in your favour, in accordance with Spanish consumer law.

Section 21 - Assignment

You may not transfer or assign these Terms, or any of your rights or obligations under them, without our prior written consent, and any such attempt is void. We may transfer or assign these Terms and our rights and obligations, provided this does not reduce the protections you have as a consumer.

Section 22 - Governing law and jurisdiction

These Terms are governed by the laws of Spain.

If you are a consumer, this choice of law does not deprive you of the protection afforded by the mandatory consumer-protection rules of your country of habitual residence. You may bring proceedings in the courts of your own country of residence, and we may bring proceedings against you only in those courts.

If you are not a consumer, the courts of Alicante, Spain shall have exclusive jurisdiction over any dispute arising from these Terms.

Section 23 - Headings

Headings are for convenience only and do not affect the interpretation of these Terms.

Section 24 - Changes to these Terms

You can review the most current version of these Terms at any time on this page. We may update or replace any part of these Terms by posting changes to our website. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of the Services after a change takes effect constitutes acceptance of it.

Section 25 - Contact

Questions about these Terms should be sent to hola@swallowcoffee.es.

Our contact details are:

Swallow S.L. Plaza del Carmen 13, Alicante, Spain

hola@swallowcoffee.es