Terms of service
OVERVIEW
Welcome to Breeza Cooling. The terms “we,” “us,” and “our” refer to Breeza Cooling.
Breeza Cooling operates the online store available at www.breezacooling.com, including all related information, content, features, tools, products and services offered to provide customers with an online shopping experience (collectively, the “Services”).
Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to offer the Services.
These Terms of Service, together with any policies referenced in them (collectively, the “Terms”), explain your rights and responsibilities when accessing or using the Services.
Please read these Terms carefully. They contain important information concerning your legal rights, obligations, disclaimers and limitations of liability.
By accessing, browsing, interacting with or purchasing through the Services, you agree to be bound by these Terms and our [Privacy Policy]. When you do not agree with these Terms, you must not use the Services.
Nothing in these Terms excludes or limits any mandatory consumer rights that cannot lawfully be excluded.
SECTION 1: ACCESS, ELIGIBILITY AND ACCOUNTS
By accepting these Terms, you confirm that you have reached the legal age of majority in your country, state or province of residence, or that you have authorised a minor under your responsibility to use the Services under your supervision.
To browse the Website, create an account or place an order, you may be required to provide information including:
- Your name.
- Email address.
- Telephone number.
- Billing address.
- Shipping address.
- Payment details.
You confirm that all information you provide is accurate, current and complete and that you are authorised to provide and use it.
You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account.
You must notify us promptly at breezacooling@gmail.com if you suspect that your account has been accessed or used without authorisation.
You may not sell, transfer, assign or license your account to another person.
SECTION 2: OUR PRODUCTS
We make reasonable efforts to describe and display our products accurately.
However, product colours, appearance, dimensions and visual details may vary slightly due to:
- Screen settings.
- Lighting conditions.
- Photography.
- Manufacturing tolerances.
- Product updates.
- Differences between devices.
Images are provided for illustrative purposes and may not perfectly reproduce the product’s exact appearance.
We may modify product descriptions, packaging, features, availability or specifications when reasonably necessary, provided that such changes do not materially reduce the essential characteristics of an order already accepted.
We reserve the right to discontinue products or limit their availability at any time.
Product availability is not guaranteed until an order has been accepted and confirmed.
SECTION 3: PRODUCT USE AND WELLNESS DISCLAIMER
Breeza Cooling products are intended as general comfort and wellness accessories.
Our cooling products are designed to provide a refreshing or cooling sensation during temporary periods of discomfort. They are not medical devices unless expressly identified as such, and they are not intended to:
- Diagnose a medical condition.
- Treat or cure an illness.
- Prevent symptoms or disease.
- Modify hormonal processes.
- Replace medical care or prescribed treatment.
Information appearing on the Website is provided for general informational purposes and should not be interpreted as medical advice.
Customers must follow all product instructions and safety warnings. Stop using the product if it causes pain, numbness, skin irritation, excessive discomfort or any unexpected reaction.
Anyone with a health condition, reduced skin sensitivity, circulatory problems or uncertainty about whether the product is suitable should consult an appropriately qualified healthcare professional before use.
SECTION 4: ORDERS
Placing an order constitutes an offer to purchase products under these Terms.
An order is not considered accepted until:
- Payment has been successfully authorised.
- We issue an order confirmation.
- We have confirmed that the product is available for fulfilment.
We reserve the right to reject, limit or cancel an order for legitimate reasons, including:
- Product unavailability.
- Incorrect pricing or product information.
- Suspected fraud or unauthorised payment.
- Delivery restrictions.
- Breach of these Terms.
- Orders appearing to be intended for unauthorised resale.
When we cancel an order after payment has been collected, we will refund the applicable amount to the original payment method.
Please review your order details carefully before completing your purchase. Although we will make reasonable efforts to accommodate changes or cancellation requests, we cannot guarantee that an order can be modified once processing has begun.
Purchases are subject to our [Refund and Return Policy].
Products are intended for personal or household use unless we expressly agree otherwise in writing.
SECTION 5: PRICING, TAXES AND BILLING
Product prices, discounts and promotions may change without notice.
The price charged will be the price displayed at checkout when the order is placed, subject to correction of obvious errors.
Unless otherwise stated, the final amount may include or separately display:
- Product price.
- Applicable taxes.
- Shipping costs.
- Handling charges.
- Discounts.
- Other charges disclosed before payment.
International orders may be subject to customs duties, import taxes, brokerage fees or local charges imposed by the destination country. Where these charges are not collected during checkout, they are generally the customer’s responsibility.
You agree to provide accurate, complete and current billing and account information.
You confirm that:
- The payment information provided is valid.
- You are authorised to use the selected payment method.
- The payment provider is authorised to process the applicable charges.
- You will pay the total amount displayed and accepted during checkout.
We may correct an obvious pricing or billing error. When an error affects an order already placed, we will contact you and provide the option to confirm the corrected price or cancel the order for a refund.
SECTION 6: SHIPPING AND DELIVERY
Order processing, shipping destinations, estimated delivery times, shipping charges, customs matters and delivery issues are governed by our [Shipping Policy].
Delivery dates are estimates unless we expressly confirm a guaranteed delivery service.
We are not responsible for delays caused by circumstances outside our reasonable control, such as:
- Carrier disruptions.
- Customs inspections.
- Severe weather.
- Public emergencies.
- Strikes.
- Incorrect delivery details.
- Local delivery restrictions.
However, this does not remove any mandatory rights customers may have when goods are not delivered within the agreed or legally applicable period.
For consumer orders where we arrange the carrier, the risk of loss or damage generally remains with us until the customer, or a person designated by the customer other than the carrier, takes physical possession of the goods.
SECTION 7: RETURNS, WITHDRAWAL AND REFUNDS
Returns, cancellations, statutory withdrawal rights, damaged products and refunds are governed by our [Refund and Return Policy].
Nothing in these Terms limits any mandatory rights available under applicable consumer law.
Customers must follow the return instructions provided by us and must not send products to an address without prior authorisation.
Products returned without authorisation or to an incorrect address may experience delays or may not be accepted.
SECTION 8: INTELLECTUAL AND INDUSTRIAL PROPERTY
All content forming part of the Services, including:
- Brand names.
- Logos.
- Product images.
- Photographs.
- Videos.
- Text.
- Graphics.
- Designs.
- Icons.
- Website layouts.
- Product descriptions.
- Reviews.
- Software.
- Databases.
is owned by Breeza Cooling, its licensors or authorised third parties and is protected by applicable copyright, trademark and intellectual-property laws.
You may access and use the Website solely for personal and non-commercial purposes.
Without prior written permission, you may not:
- Copy or reproduce Website content.
- Modify or create derivative works.
- Publish, distribute or publicly display content.
- Use content for commercial purposes.
- Remove copyright or ownership notices.
- Scrape, extract or systematically collect Website data.
- Use our trademarks, branding or product images in a misleading manner.
No provision of these Terms transfers ownership of Breeza Cooling, Shopify or third-party intellectual property to you.
All rights not expressly granted are reserved.
SECTION 9: OPTIONAL AND THIRD-PARTY TOOLS
We may provide access to tools, applications, integrations or services operated by third parties.
These tools may be provided “as available” and may be subject to separate terms, privacy policies and conditions established by their providers.
We do not control third-party tools and cannot guarantee their uninterrupted availability, compatibility or performance.
Your use of third-party tools is voluntary and at your own risk. You are responsible for reviewing the applicable provider’s terms before using them.
New features or tools added to the Services will also be subject to these Terms unless stated otherwise.
SECTION 10: THIRD-PARTY LINKS
The Services may contain links to websites, applications or platforms operated by third parties.
We do not control and are not responsible for:
- Third-party content.
- Products or services offered by third parties.
- Privacy or security practices.
- Accuracy or availability.
- Transactions carried out outside our Website.
The inclusion of a link does not necessarily indicate that we endorse the third party.
You should review the terms and privacy policies of third-party services before using them or providing personal information.
Claims concerning products or services purchased directly from a third party must be addressed to that third party.
SECTION 11: RELATIONSHIP WITH SHOPIFY
The Website is hosted and supported by Shopify.
Shopify provides the technology that enables us to operate the online store, but products sold through the Website are sold by Breeza Cooling.
Unless expressly stated otherwise, your purchase contract is between you and the legal person or entity operating Breeza Cooling, not Shopify.
To the extent permitted by applicable law, Shopify is not responsible for the products sold, order fulfilment, customer support or representations made by Breeza Cooling.
Nothing in this section excludes responsibility that cannot lawfully be excluded.
SECTION 12: PRIVACY AND PERSONAL INFORMATION
Personal information submitted through the Services is processed in accordance with our [Privacy Policy].
Shopify and other service providers may also process personal information to host the Website, process payments, prevent fraud, provide analytics and support fulfilment.
Personal information may be processed in countries outside your country of residence, subject to applicable data-protection safeguards.
By using the Services, you acknowledge that you have reviewed our Privacy Policy.
SECTION 13: REVIEWS, COMMENTS AND USER CONTENT
You may be permitted to submit reviews, photographs, comments, suggestions, feedback or other content.
You retain ownership of the content you create. However, by submitting it to us, you grant Breeza Cooling a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to:
- Use.
- Reproduce.
- Adapt.
- Publish.
- Translate.
- Display.
- Distribute.
- Promote.
that content in connection with our business, products, Website and marketing, subject to applicable privacy and consumer law.
You confirm that:
- You own the content or have permission to submit it.
- The content is truthful and based on a genuine experience where presented as a review.
- The content does not violate another person’s rights.
- The content is not unlawful, defamatory, threatening, abusive or misleading.
- The content does not contain malicious code or spam.
- You are not impersonating another person.
We may moderate, reject or remove content that violates these Terms, although we are not obligated to monitor all submissions.
Where legally required, promotional or incentivised reviews should be clearly disclosed.
SECTION 14: PROHIBITED USES
You may not use the Services:
- For unlawful, fraudulent or deceptive purposes.
- To violate any applicable law or regulation.
- To infringe intellectual-property or privacy rights.
- To harass, threaten, abuse or discriminate against another person.
- To provide false or misleading information.
- To submit viruses, malware or harmful code.
- To interfere with Website security or functionality.
- To collect personal information about others without authorisation.
- To scrape, crawl or extract Website content using automated systems without permission.
- To conduct unauthorised resale, fraud or payment abuse.
- To circumvent Website restrictions or security controls.
- To impersonate another person or organisation.
We may suspend or terminate access when we reasonably believe these Terms have been violated.
SECTION 15: ACCURACY AND AVAILABILITY OF INFORMATION
We make reasonable efforts to ensure that Website information is accurate and current.
However, the Website may occasionally contain:
- Typographical errors.
- Inaccuracies.
- Omissions.
- Outdated information.
- Technical errors.
Information relating to pricing, product descriptions, availability, promotions, shipping or delivery may be corrected where necessary.
We do not guarantee that the Website will always be uninterrupted, secure or error-free.
We may update or remove Website content without prior notice where reasonably necessary.
SECTION 16: ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors, inaccuracies or omissions and to update information where necessary.
When a material error affects an order already placed, we will notify the customer and provide an appropriate solution, which may include:
- Confirming corrected information.
- Offering an alternative.
- Cancelling the affected item.
- Issuing a refund.
We will not rely on this section to remove mandatory consumer rights or make material changes to an accepted contract without an appropriate legal basis.
SECTION 17: DISCLAIMER OF WARRANTIES
The Website and Services are provided with reasonable care and skill.
Except for warranties and guarantees required by applicable law, we do not promise that:
- The Website will always be uninterrupted.
- Every technical error will be corrected immediately.
- The Services will be compatible with every device.
- Product colours will appear identically on all screens.
- The Services will satisfy every personal expectation.
Products are covered by any statutory conformity rights applicable to the customer’s purchase.
Nothing in these Terms excludes a guarantee, warranty or consumer remedy that cannot legally be excluded.
SECTION 18: LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Breeza Cooling shall not be liable for indirect, incidental, special or consequential losses that were not reasonably foreseeable when the contract was entered into.
We do not exclude or limit liability where doing so would be unlawful, including liability arising from:
- Fraud or fraudulent misrepresentation.
- Death or personal injury caused by negligence.
- Intentional misconduct.
- Gross negligence, where applicable.
- Breach of mandatory consumer rights.
- Defective products where liability cannot legally be excluded.
Nothing in these Terms limits the customer’s right to receive goods that conform to the contract or to seek legally available remedies.
SECTION 19: INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify Breeza Cooling against reasonable losses, claims and expenses arising directly from:
- Your unlawful use of the Services.
- Your material breach of these Terms.
- Your infringement of another person’s rights.
- User content submitted by you in violation of these Terms.
This section does not apply where the loss was caused by Breeza Cooling or where indemnification would unlawfully restrict consumer rights.
SECTION 20: SEVERABILITY
When any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited only to the extent necessary.
The remaining provisions will continue to apply.
SECTION 21: TERMINATION
These Terms remain effective until terminated by you or Breeza Cooling.
You may stop using the Services at any time.
We may suspend or terminate access when:
- You materially violate these Terms.
- You use the Services unlawfully.
- Your activity threatens Website security.
- Fraudulent or abusive conduct is reasonably suspected.
Termination does not affect rights or obligations that arose before termination, including payment obligations, accepted orders, intellectual-property rights or provisions intended to survive termination.
SECTION 22: ENTIRE AGREEMENT
These Terms, together with the policies and notices referenced in them, constitute the agreement governing your use of the Services and purchases made through the Website.
They replace prior communications or agreements concerning the same subject matter, except where separate written terms have been expressly agreed.
A failure to enforce a provision immediately does not waive the right to enforce it later.
SECTION 23: GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of Spain, without excluding any mandatory consumer protection available under the laws of the customer’s country of residence.
Disputes shall be submitted to the competent courts determined under applicable law.
Consumers may bring proceedings before the courts available to them under mandatory consumer-jurisdiction rules. Nothing in these Terms requires a consumer to waive a legally protected forum or remedy.
Before initiating formal proceedings, customers are encouraged to contact us at breezacooling@gmail.com so that we may attempt to resolve the issue.
SECTION 24: CHANGES TO THESE TERMS
We may update these Terms to reflect changes in:
- Applicable law.
- Business practices.
- Website functionality.
- Products or Services.
- Shopify or third-party services.
- Security or operational requirements.
The revised Terms will be published on the Website with an updated revision date.
Changes will apply prospectively and will not normally alter orders already accepted, unless required by law or expressly agreed with the customer.
Continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.
SECTION 25: CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Business name: Breeza Cooling
Customer support email: breezacooling@gmail.com
Website: www.breezacooling.com
Location: Spain
Customer support: Online only
For full legal compliance, the published version should also identify the actual individual or registered company operating Breeza Cooling, its full business address, tax identification number and any applicable commercial registration details. Shopify also states that merchants remain responsible for complying with the laws applicable to their business and customers, and its policy templates are not a substitute for personalised legal advice.