Legal notice
OVERVIEW
Welcome to Pouf Pouf!
The terms “we,” “us,” and “our” refer to Iva Mikulčíková, Company ID No. 09831169, with its registered office at Merhautova 926/5, 613 00 Brno – Černá Pole, Czech Republic, registered in the Trade Register maintained by the City of Brno under the trade name Pouf Pouf (hereinafter referred to as “Pouf Pouf”).
Pouf Pouf operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Pouf Pouf uses the Shopify platform to provide the Services.
These Terms, together with all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including 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 to these Terms of Service or the Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state, province, or country of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be required to provide certain information such as your email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, colors and product appearances may vary depending on your device and its settings.
We do not guarantee that the appearance or quality of products or services purchased by you will meet your expectations or exactly match the images displayed in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Pouf Pouf reserves the right to accept or reject any order at its sole discretion. Your order is not accepted until Pouf Pouf confirms its acceptance.
Payment must be received and processed before an order can be accepted. Please review your order carefully before submitting it, as once accepted, we may not be able to accommodate cancellation requests.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.
Returns and exchanges are governed exclusively by our Refund Policy.
You represent and warrant that purchases are intended solely for your personal or household use and not for resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time the order is submitted and will be stated in the order confirmation email.
Unless expressly stated otherwise, published prices do not include shipping, handling, customs duties, or import fees. If Pouf Pouf is registered for VAT, published prices include VAT.
Prices displayed in our online store may differ from prices offered in physical stores or by third-party retailers.
You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update your account information, including email address, credit card number, and expiration date.
You represent and warrant that:
The credit card information you provide is true, accurate, and complete;
You are duly authorized to use the credit card;
Charges incurred will be honored by your credit card issuer; and
You will pay all charges incurred, including shipping, handling fees, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
Goods will be delivered to the delivery address specified in the order.
Ownership, risk of loss, and risk of damage pass to you upon payment of the full purchase price or upon delivery of the goods to the carrier, whichever occurs first.
The standard delivery period is 30 days. Delivery may occasionally take longer. In such cases, Pouf Pouf will inform the buyer and agree on the next steps.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, and their arrangement, are owned by Pouf Pouf, its business partners, licensors, or third parties and are protected by intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material related to the Services.
Nothing in these Terms grants any license or rights under any patent, trademark, copyright, or other intellectual property rights of Pouf Pouf, Shopify, or any third party.
Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by Pouf Pouf.
The names, logos, product names, service names, designs, and slogans of Pouf Pouf are the intellectual property of Pouf Pouf or its licensors. They may not be used without prior written permission.
Shopify and related marks are trademarks of Shopify.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control or monitoring.
Such tools are provided “as is” and “as available” without warranties, representations, or endorsements of any kind.
We are not liable for any issues arising from your use of third-party tools.
Your use of such tools is entirely at your own risk, and you should review the applicable third-party terms before using them.
Future features and tools introduced through the Services will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain content, materials, or links to third-party websites.
We are not responsible for examining or evaluating the content or accuracy of third-party websites or materials.
If you choose to leave our Services and access third-party websites, you do so at your own risk.
We are not liable for any damage or loss related to your use of third-party products, services, resources, or websites.
Any complaints regarding third-party products or services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Pouf Pouf operates its store using the Shopify platform, which enables us to provide the Services.
However, all sales and purchases are conducted directly between you and Pouf Pouf.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy and, where applicable, Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read and understood these privacy policies.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.
You represent and warrant that:
You own or have all necessary rights to the Feedback;
You have disclosed any compensation or incentives received in connection with the Feedback; and
The Feedback complies with these Terms.
We are under no obligation to:
Maintain Feedback in confidence;
Compensate you for Feedback; or
Respond to Feedback.
We may remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, defamatory, obscene, or otherwise objectionable.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times, or availability.
We reserve the right to correct any errors, update information, or cancel orders at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
Violate any laws or regulations;
Infringe intellectual property rights;
Harass, abuse, defame, threaten, or discriminate against others;
Provide false or misleading information;
Send spam or unauthorized promotional material;
Impersonate another person or entity;
Interfere with the operation of the Services.
You further agree not to:
Upload viruses or malicious code;
Copy, resell, or exploit any part of the Services;
Collect personal information of others;
Conduct phishing, scraping, crawling, or similar activities;
Circumvent security features.
We reserve the right to suspend or terminate your account if you violate these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice.
The following provisions survive termination:
Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions intended by their nature to survive termination.
SECTION 15 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Pouf Pouf, its partners, employees, agents, suppliers, licensors, service providers, Shopify, and Shopify affiliates shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including loss of profits, revenue, savings, data, or replacement costs arising from your use of the Services or products purchased through the Services.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pouf Pouf, Shopify, and their affiliates, partners, employees, agents, suppliers, licensors, and service providers from any claims, liabilities, losses, damages, or expenses, including reasonable legal fees, arising from:
Your breach of these Terms;
Your violation of any law or third-party rights; or
Your use of the Services.
SECTION 17 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 18 – WAIVER; ENTIRE AGREEMENT
Failure by us to enforce any right or provision shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted by us, constitute the entire agreement between you and us regarding the Services.
SECTION 19 – ASSIGNMENT
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.
We may assign, transfer, or delegate our rights and obligations under these Terms without notice or consent.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide the Services shall be governed by and construed in accordance with the laws of the Czech Republic.
You and Pouf Pouf agree to the jurisdiction of the courts competent according to the registered office of Pouf Pouf.
SECTION 21 – HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 22 – CHANGES TO THE TERMS OF SERVICE
The most current version of these Terms is available on this page.
We reserve the right to update, modify, or replace any part of these Terms by posting updates on our website. It is your responsibility to review the website periodically for changes.
SECTION 23 – CONTACT INFORMATION
Questions regarding these Terms of Service should be sent to: hello@poufpoufshop.com
Iva Mikulčíková
Company ID No. 09831169
Merhautova 926/5
613 00 Brno – Černá Pole
Czech Republic