1. General

1.1. The following terms and conditions (hereinafter, the “Conditions”) apply to all orders placed by the customer (hereinafter, “you” or the “Customer”) with TobioShop (hereinafter, “TobioShop,” "TobiosKits," “we,” or “us,” and together with the Customer, each a “Party” and collectively the “Parties”), through the TobioShop website, mobile website, mobile application, or by phone (jointly referred to as “www.tobioskits.com”).

1.2. By using www.tobioskits.com and/or placing an order, you agree to be bound by the terms and conditions set forth herein (hereinafter, the “Conditions”). Make sure you have read and understood these Conditions before placing your order. These Terms of Service apply to all users of the site, including, without limitation, those who browse, sellers, customers, merchants, and/or content collaborators.

1.3. Only persons over 18 years of age, who are not under legal guardianship and are not acting in the capacity of a business, may place orders.

1.4. The inclusion of products or services on www.tobioskits.com at any given time does not imply or guarantee that such products or services are available at all times. We reserve the right to discontinue any product at any time.

1.5. We reserve the right to modify these Conditions at any time without prior notice. The version of the Conditions that will apply to your order will be the one published on www.tobioskits.com at the time you place the order.

1.6. TobioShop wishes to offer the best possible online experience. You understand and agree not to: (i) post, transmit, redistribute, upload or promote communications or content that may harm or negatively affect our business, products or services; (ii) act in a way that restricts, prevents, or interferes with other users’ use of the www.tobioskits.com site or that affects the site's security; or (iii) use any tool or mechanism (including, without limitation, spiders, bots, crawlers, avatars, or intelligent agents) to navigate or search the site, or to copy content from it. We reserve the right to immediately restrict access to the site for any user who violates this provision or any other of these Conditions.

1.7. We reserve the right to modify the Conditions at any time without prior notice. The version applicable to the order will be the one published on www.tobioskits.com at the time of purchase.

1.8. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1.9. You may not use our products for any illegal or unauthorized purpose, nor violate the laws of your jurisdiction (including, but not limited to, intellectual property laws). You must not transmit any virus, worm, or code of a destructive nature. Breaching any of these Conditions will result in the immediate termination of your access to the Services.

2. Prices and Shipping Costs

2.1. TobioShop offers free standard shipping. For premium shipping methods, the costs will be calculated on the checkout page before making the purchase.

2.2. We reserve the right to apply shipping costs in certain circumstances, depending on the items purchased, which will be indicated during the checkout process. If we are unable to make the complete delivery in a single shipment and must make more than one delivery, no additional charges will be applied for the subsequent shipments.

3. Order / Contract Formalization

3.1. The options to place an order are through www.tobioskits.com. For more information, see our Customer Service section.

3.2. Once your order has been placed and you have provided your email address, you will receive a confirmation via email. If for any reason we cannot fulfill your order, we will notify you as soon as possible. If payment has already been made, we will attempt to refund the corresponding amount using the same payment method. If necessary, a TobioShop representative will contact you to process the refund.

3.3. We reserve the right to refuse service to anyone, at any time, and for any reason. You understand that your content (excluding card information) may be transferred unencrypted and (a) may be transmitted over various networks; and (b) may be adapted to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, or exploit any part of the Service without express written permission. The headings included in this agreement are for convenience only and do not affect its interpretation.

3.4. We are not responsible if the information published on this site is not accurate, complete, or current. The material on this site is for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate or up-to-date sources. Reliance on this material is at your own risk. This site may contain historical information that, by definition, is not current. We reserve the right to modify the content of the site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the site.

3.5. The prices of our products may change without prior notice. We reserve the right to modify or discontinue the Service (or any part thereof) at any time without prior notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

4. Products and Services

4.1. Some products or services may be available exclusively online. These may have limited quantities and be subject to return or exchange according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products in store. We do not guarantee that your computer monitor’s display of any color will be accurate.

4.2. We reserve the right — but are not obligated — to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

4.3. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5. 30-Day Risk-Free Trial for Qualified and Standard Items

5.1. If you have never placed an order at www.tobioskits.com, you are entitled to a 30-day risk-free trial (the “30-day policy”). You may try a single item from your first order for up to 30 days. If you are not satisfied during this period, we will refund you in full (excluding shipping costs), and you may keep the item.

5.2. Requirements:
You have purchased a qualified product: Mini Watercolor Set.

If you request a refund due to unsatisfactory results, you must send photos. Our team will provide usage instructions. You must demonstrate that you followed the instructions. If after this there is no improvement, we will refund the item. If there is no evidence that the instructions were followed, the refund may be denied.

You may only try one item per qualified product in your first order.

5.3. You may request a refund for only one qualified product. If you buy a pack, you may only request a refund for one opened and used product under this policy. The rest of the pack is not covered by the 30-day trial, although it may be returned according to the general options in section 2.

5.4. To be eligible for this trial, you must contact customer service and explicitly request the 30-day policy. If you do not request it, it may not be applied.

5.5. If you wish to purchase products not covered by this policy, sections 6, 7, and 8 of these Conditions shall apply.

6. Delivery

6.1. TobioShop manages orders with the utmost care and will deliver to the countries indicated during the purchase process.

6.2. Our goal is to ship orders within 3–5 business days and deliver them within 8–12 days from the shipping confirmation, unless another option such as premium shipping has been agreed upon. Some products are offered on pre-sale, in which case the estimated shipping date is indicated. We will do our best to meet the deadlines, but delays may occur. If delivery exceeds 30 business days, you may cancel your order.

6.3. If you provide an incorrect or incomplete address, customer service will contact you to correct it.

6.4. Before placing the order, you will be informed of the delivery times. After placing the order, you will receive an email with the details.

6.5. If your order does not arrive on the expected date, contact customer service.

6.6. We process orders quickly, so after 6 hours from purchase, no changes can be made (such as address, personalization, or shipping method). You may only cancel or edit your order within the first 6 hours. Otherwise, you may request a refund or replacement under sections 7 or 8.

7. Order Withdrawal

7.1. You may request a refund or replacement for a defective product from the receipt of the order and up to 30 days thereafter. If you have already been charged, you will receive a full refund of the product amount.

7.2. To cancel your order, notify customer service in writing within 30 days.

7.3. If the received item is defective, send images and/or videos to customer service. Once the defect is confirmed, TobioShop will refund or replace the product, depending on your preference. This clause does not limit legal rights. We will evaluate whether the product has been used or presents a real defect. Only manufacturing defects entitle you to a refund.

8. Refunds

8.1. TobioShop guarantees the refund or replacement of defective products in accordance with section 7, provided that proof of defects is sent by email to info@tobioshop.com.

8.2. Incorrect orders without proof (such as wrong or missing items) will not be processed or refunded.

8.3. The right of withdrawal does not apply to perishable goods or those with a short shelf life, such as fresh flowers or plants.

8.4. For returns of packs, you must return all items in the bundle, not just part of them.

8.5. Premium shipping costs are non-refundable.

8.6. Free items or items marked as final sale cannot be returned or exchanged.

9. Payment Methods

9.1. TobioShop reserves the right to verify the validity of cards, buyer solvency, and address data. We may reject orders based on the results of these checks.

9.2. “Pay later” services are offered by Klarna.

9.3. After shipping, you will receive an email with payment information. If you do not receive it, contact customer service.

9.4. For more information on payments, contact us.

9.5. We may add or modify available payment methods.

9.6. You will receive the legal invoice by email with the shipping confirmation.

10. Our Responsibility

10.1. We strive to ensure that the information on www.tobioskits.com is accurate, but it may contain errors or omissions. We are not bound by incorrect information if you should have known it was unreliable.

10.2. Photos, measurements, and colors are approximate. Display may vary depending on your device. If you are not satisfied, you may return the product (see section 8).

10.3. If an event occurs beyond our control (such as pandemics, wars, natural disasters, etc.), we are exempt from fulfilling the contract. You may cancel your order in such cases.

10.4. Our maximum liability is limited to the order amount. We are not responsible for indirect losses (loss of profit, opportunity, etc.) or force majeure. Nothing in these Conditions limits our liability for death or personal injury due to our own or our employees’ negligence.

10.5. EU consumers can file complaints through the Online Dispute Resolution platform (ODR): https://ec.europa.eu/odr

11. Colors, Previews, and Measurements

11.1. We do our best to faithfully represent composition, colors, and previews, but they may vary depending on your device.

11.2. Measurements are approximate. They may vary depending on the material and are not a guarantee of the exact size of the final product.

12. Warranty

12.1. If the purchased product is defective, TobioShop respects legal warranties. In case of visible damage, contact us to arrange a refund or replacement.

12.2. We do not guarantee that the service will be continuous, punctual, or error-free. Nor do we guarantee that the results of using the service will be accurate. Use of the service is at your own risk.

13. Third-Party Links

13.1. Some content may contain links or materials from third parties. We are not responsible for their content, accuracy, or for damages arising from transactions with such third parties. Check their terms before making any operation.

14. Comments, Reviews, and Other Communications

14.1. If you send us suggestions, proposals, ideas, or other material (“comments”), you agree that we may use them freely without any obligation of confidentiality, compensation, or response. We may review or delete content we deem offensive or illegal.

You guarantee that your comments do not violate third-party rights and do not contain offensive or harmful content. You are responsible for the comments you post.

15. Personal Information

15.1. The processing of your personal data is governed by our Privacy Policy, available on a separate page.

16. Errors, Inaccuracies, and Omissions

16.1. There may be typographical errors or omissions on the site related to products, prices, or availability. We reserve the right to correct them and cancel orders based on incorrect information.

16.2. We are not obligated to update the information unless required by law.

17. Prohibited Uses

17.1. It is prohibited to use the site or its content for:

(a) illegal purposes;

(b) encouraging unlawful acts;

(c) violating local or international laws;

(d) infringing intellectual property rights;

(e) harassing or discriminating;

(f) providing false information;

(g) introducing viruses or malicious code;

(h) collecting data without permission;

(i) scraping or crawling;

(j) immoral purposes; or

(k) breaching service security.

Violation may result in immediate termination of your access.

18. Indemnification

18.1. You agree to indemnify, defend, and hold harmless TobioShop and our parent company, subsidiaries, affiliates, partners, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, and interns from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents incorporated by reference, or your violation of any law or third-party rights.

19. Severability

19.1. If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

20. Termination

20.1. The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

20.2. These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

20.3. If in our judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21. Assignment

21.1. TobioShop reserves the right to assign or pledge to third parties any collection rights, including installment payments arising from product deliveries.

22. Clause Independence

22.1. If any part of these Conditions is found to be invalid or unenforceable by a court or competent authority, the remaining clauses shall remain valid and enforceable.

23. Ownership of Rights

23.1. All intellectual property rights, such as trademarks and copyrights present on www.tobioskits.com, belong to TobioShop, its subsidiaries, or licensees. Any use of the site’s content, including its total or partial reproduction or storage, other than for personal and non-commercial use, is prohibited without TobioShop’s express permission.

24. Notices

24.1. All notices, requests, demands, or other communications required or permitted under this Agreement must be made in writing and sent to the following address: info@tobioshop.com

25. Gender and Number

25.1. Words in the singular include the plural and vice versa. Words in the masculine include the feminine and vice versa.

26. Governing Law and Jurisdiction

26.1. This Agreement shall be governed by and construed in accordance with the laws of Spain. The Parties irrevocably agree that the courts of Madrid shall have exclusive jurisdiction to resolve any dispute arising from or relating to this Agreement.

26.2. However, if you are a consumer, no provision of this Agreement shall deprive you of the protection afforded by the mandatory provisions of the local laws of your place of residence, especially regarding consumer rights. In case of dispute with consumers, the applicable mandatory rules of jurisdiction and law shall apply, and the courts of the consumer's residence or domicile shall be competent.

27. Contact Information

Questions about these Terms of Service should be sent to: info@tobioshop.com

This website is operated by TobioShop.

Owner: Gonzalo Fernández Martín

NIF: 54237649S

Address: Calle De La Arena, 10, Bajo A, Fuenlabrada, 28944, Madrid

Throughout the site, the terms “we,” “us,” and “our” refer to TobioShop. TobioShop offers this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Legal Notice

In compliance with Article 10 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), it is reported that this website is owned by:

TOBIOS COMMERCE LLP

OC457084

Fiscal address: 128 City Road, London, United Kingdom, EC1V 2NX

Contact email: info@tobioshop.com

Use of this website implies full acceptance of these conditions. If you do not agree with any of them, please refrain from using this page.

Basic Cookie Policy

This website uses cookies to improve the user’s browsing experience and perform statistical usage analysis.

What are cookies?

Cookies are small files stored on your device when you visit certain web pages. Their purpose may be technical, analytical, or personalization-based.

Types of cookies we use:

• Technical cookies: necessary for the basic operation of the site.
• Analytical cookies: allow us to collect anonymous statistics on the site's usage.
• Third-party cookies: such as those used by Google Analytics, Shopify, or social networks.
  

Cookie management

You can allow, block, or delete cookies from your browser settings. Please note that disabling cookies may affect the website’s functionality.

For more information, you can write to us at: info@tobioshop.com