Terms of Service
Last updated: February 2026
These Terms of Service (“Terms”) govern your use of the EmociónGift website and services operated by EmociónGift S.L. By accessing or using our services, you agree to be bound by these Terms.
1. Service Description
EmociónGift is an e-commerce platform specializing in personalized and AI-powered Spanish tourism souvenirs. We offer print-on-demand products including mugs, t-shirts, tote bags, and other items that can be customized with emotional copywriting and personal messages. Products are manufactured by our print-on-demand partner (Gelato) and shipped directly to customers.
2. Account Terms
- You must be at least 18 years old to create an account.
- You are responsible for maintaining the security of your account credentials.
- You must provide accurate and complete information when registering.
- One person or entity may not maintain more than one account.
- We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
3. Ordering and Payment
- All prices are displayed in Euros (EUR) and include 21% IVA (VAT) unless otherwise stated.
- Payments are processed securely through Stripe. We do not store your credit card details on our servers.
- An order is confirmed only when you receive an order confirmation email. Until that point, any order submission is treated as an offer to purchase.
- We reserve the right to refuse or cancel orders in cases of pricing errors, suspected fraud, or stock unavailability.
4. Customized Products — No Returns
In accordance with EU Directive 2011/83/EU, Article 103(c) and Spanish Real Decreto Legislativo 1/2007, customized or personalized products are exempt from the right of withdrawal. Because each personalized souvenir is made to your specific specifications, we cannot accept returns or offer refunds for these items unless:
- The product arrives damaged or defective.
- The product does not match what was ordered (wrong design, wrong item).
- There is a manufacturing error.
In such cases, contact us within 14 days of delivery at support@emociongift.com with photos of the issue.
5. Standard (Non-Customized) Products — 14-Day Return Right
For non-customized products, you have the right to withdraw from the purchase within 14 calendar days from the date of delivery, without giving any reason, in accordance with EU Directive 2011/83/EU.
- The product must be returned in its original condition and packaging.
- Return shipping costs are the responsibility of the buyer.
- Refunds will be processed within 14 days of receiving the returned product, using the same payment method as the original purchase.
To initiate a return, email support@emociongift.com with your order number.
6. Shipping and Delivery
- Products are manufactured on demand and typically ship within 3–7 business days of order confirmation.
- Delivery times depend on the destination and shipping method selected. Estimated delivery times are provided at checkout but are not guaranteed.
- Risk of loss or damage passes to you upon delivery to the shipping carrier.
- We are not responsible for delays caused by customs, weather, or carrier issues beyond our control.
7. Intellectual Property
- All content on the EmociónGift website, including designs, text, graphics, logos, and software, is the property of EmociónGift S.L. or its licensors and is protected by Spanish and international copyright and trademark laws.
- When you upload content for customization, you retain ownership of your content but grant us a limited license to use it solely for fulfilling your order.
- You represent that any content you upload does not infringe the intellectual property rights of any third party.
8. Limitation of Liability
To the maximum extent permitted by applicable law, EmociónGift S.L. shall not be liable for:
- Indirect, incidental, special, or consequential damages.
- Loss of profits, data, or business opportunities.
- Damages arising from your use or inability to use our services.
Our total liability for any claim arising from these Terms or our services shall not exceed the amount you paid for the specific order giving rise to the claim. Nothing in these Terms limits liability for fraud, death, or personal injury caused by negligence, or any other liability that cannot be excluded under applicable law.
9. Governing Law and Jurisdiction
These Terms are governed by the laws of the Kingdom of Spain. Any disputes arising from or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of Madrid, Spain, without prejudice to any mandatory consumer protection forum requirements under applicable EU law.
EU consumers may also use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
10. Changes to These Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our website at least 30 days before they take effect. Continued use of our services after changes become effective constitutes acceptance of the revised Terms.
11. Contact
For questions about these Terms, contact us at: legal@emociongift.com