Terms and Conditions

Effective date:  26 September 2025

Last Updated: 06 March 2026

These Terms and Conditions (“Terms”) govern your use of the website toma.ie and the purchase of products from Toma Spanish Gourmet (“we”, “us”, “our”). By placing an order, you confirm that you have read and agree to these Terms in full.

1. Seller Information

Trader: James Keaney trading as Toma Spanish Gourmet
NIF: X9507103F
Address: Calle de Blascomillan 35, Portal 9, 1B, Colmenar Viejo, Madrid 28770, Spain
Email: customers@toma.ie
Phone (Spain): +34 912 401 883
Phone (Ireland): +353 86 857 8785

2. Products

We sell food and related products, including perishable goods such as cured meats, cheeses, and other temperature-sensitive items. Product images and descriptions are provided for informational purposes only; minor variations — including packaging — may occur without notice. We reserve the right to withdraw any product from sale at any time.

3. Prices, Taxes, and Payment

All prices are shown in Euros (€) inclusive of VAT and are confirmed at checkout before you submit your order. No further charges apply beyond the amount shown at checkout.

Payment must be made via the methods offered on the website at the time of purchase. We do not store your payment card details.

Currency conversion and bank fees: When paying in a currency other than Euros, your bank or card issuer may apply conversion fees, foreign-transaction fees, or other charges. These are set by your financial institution and are outside our control. By placing an order you:

  • Acknowledge you are solely responsible for any fees charged by your bank or payment provider;
  • Accept that we will not reimburse or be liable for any such fees;
  • Accept that the amount debited may differ from the Euro amount shown due to exchange-rate fluctuations.

4. Placing an Order

An order is placed when you complete checkout and submit payment. This constitutes an offer to buy. We may contact you to verify information before dispatch. We reserve the right to refuse or cancel any order before dispatch for legitimate reasons (e.g. stock or pricing errors, delivery constraints, suspected fraud). If we cancel your order, any payment taken will be refunded without undue delay.

5. Cancellations

You may cancel your order at any time before the shipping process is initiated. To cancel, contact us as soon as possible via:

Orders are dispatched within 24 hours of being placed. If shipping has already been initiated when you contact us, cancellation may not be possible, but we will do our best to accommodate your request. 

6. Out-of-Stock Substitutions

If a product in your order is out of stock, we may propose a replacement of at least the same quality and value (for example, a different brand of the same product type). We will contact you via WhatsApp and/or email for approval before making any substitution. You have the right to cancel that product from your order, or cancel the entire order, with a full refund.

7. Delivery

Full details of delivery options, costs, and restrictions are available on our Deliveries page and are displayed at checkout.

Risk of loss passes to you when you (or a nominated person) take physical possession of the goods, or when goods are delivered to a nominated pick-up location.

We are not responsible for failed deliveries caused by an incorrect address provided by the customer, an unavailable recipient, or failure to follow courier instructions. We are not responsible for perishable goods that deteriorate because they were not collected on the day of delivery, or because they were left in unsuitable outdoor conditions at the customer’s request.

8. Perishable Goods and Right of Withdrawal

As an EU consumer (including consumers in Northern Ireland), you have a statutory 14-day right of withdrawal for distance purchases under the Consumer Rights Directive (2011/83/EU) and the Consumer Contracts Regulations 2014.

Important exception — perishable goods: The right of withdrawal does not apply to goods that are liable to deteriorate or expire rapidly (perishable goods), sealed goods that are not suitable for return for hygiene reasons once opened, or goods made to your specification (e.g. hams carved to order).

For eligible non-perishable items, if you wish to exercise your right of withdrawal, you must notify us within 14 days of receiving your order. Please see our Refunds & Returns Policy for the full returns process. Refunds are processed within 3 working days of us receiving and inspecting the returned goods, to the original payment method.

10. Return Costs and Conditions

Unless we accept responsibility for damaged or incorrect goods, you are responsible for the cost of returning items. Items must be returned in their original condition, with all tags and labels attached and in original packaging. We recommend using a tracked postal service. We can provide return labelling from our logistics partner; if you use a different carrier, our return label will not be valid.

Our returns address is: Toma Spanish Gourmet, Calle de Blascomillan 35, Portal 9, 1B, Colmenar Viejo, Madrid 28770, Spain.

Items returned without prior contact will not be refunded. This Returns Policy does not affect your statutory rights.

11. Promotions and Discount Codes

Discount codes and promotions may be subject to time limits, minimum spend requirements, product exclusions, and one-per-customer rules as stated at the time of the offer. We reserve the right to cancel or refuse a promotion where misuse or fraud is suspected. Promotional delivery charges will be clearly displayed during any promotion period.

13. Website Use

You agree not to misuse the website, interfere with its operation, or attempt any unauthorised access. We may suspend access to the website where necessary for security, maintenance, or legal reasons.

14. Liability

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law (including your mandatory consumer rights). To the maximum extent permitted by law, we are not liable for indirect or consequential losses, and our total liability for any claim relating to an order will not exceed the total amount you paid for that order.

15. Data Protection and Privacy

We process your personal data in accordance with the EU General Data Protection Regulation (GDPR), Spanish Organic Law 3/2018 (LOPDGDD), and our Privacy Policy. By placing an order, you acknowledge that we will process the personal data you provide to fulfil your order, manage your account, and comply with our legal obligations. For information on how we use cookies, please see our Cookies Policy.

16. Complaints and Disputes

If you have a complaint, please contact us first at customers@toma.ie so we can try to resolve it promptly. If we are unable to resolve your complaint, you may refer the matter to the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

17. Changes to These Terms

We may update these Terms from time to time by posting an updated version on this page with a revised effective date. Changes will not affect orders already placed and accepted before the change date. We encourage you to review this page periodically.

18. Governing Law

These Terms are governed by the laws of Spain. Courts with jurisdiction in Spain will have authority over any disputes, subject to any mandatory consumer protections that apply in your country of residence (including EU consumer law as applicable in Ireland and Northern Ireland).

Related policies: Deliveries  |  Refunds & Returns  |  Privacy Policy  |  Cookies Policy