Terms of service

OVERVIEW

Welcome to the shop: Pouf Pouf! The terms “we”, “us”, and “our” refer to the entity Iva Mikulčíková, ID No.: 09831169, with its registered office at Merhautova 926/5, 613 00, Brno - Černá Pole, registered in the Trade Register maintained by the Brno City Municipality, operating under the business name Pouf Pouf (hereinafter referred to as “Pouf Pouf”). 
Pouf Pouf operates this shop and website, including all related information, content, features, tools, products, and services, with the aim of providing you, the customers, with a tailored shopping experience (hereinafter referred to as “Services”). Pouf Pouf utilizes the Shopify service, which enables us to provide the Services to you.

The Terms below, together with all policies referenced herein (hereinafter referred to as “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 about your legal rights and relate, for example, to the exclusion of warranties and limitation of liability.

By visiting, interacting with, or using our services, you express your consent to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you have reached the age of majority in the state or province where you have your registered office or residence, and that you have given us consent to allow your minor dependents to use the Services on devices that you own, purchase, or manage. 
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services offered, you may be required to provide certain information, such as an email address or billing, payment, and delivery details. You represent and warrant that all information you provide in our stores is correct, current, and complete and that you have all the rights necessary to provide it. You are solely responsible for the security of your account credentials and for all activities on 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 provide the most accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and the settings and configuration of your device. We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or will be the same as in the images or in our online stores. All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue the sale of any product at any time and may, on a case-by-case basis, limit the quantities of products we offer to any person, in any geographical area or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. The Pouf Pouf shop reserves the right to accept or reject your order for any reason at its discretion. Your order is not accepted until the Pouf Pouf shop confirms its acceptance. We must receive and process your payment before accepting an order. Please review your order carefully before submitting it, as the Pouf Pouf shop may not be able to accommodate a cancellation request once the order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time the order was placed. Your purchases may be returned or exchanged solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your personal or household use, not for resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is submitted and is stated in the order confirmation email. Unless explicitly stated otherwise, published prices do not include shipping, handling, customs, or import duties. If Pouf Pouf is a value-added tax (VAT) payer, published prices include this tax. Prices published in our online stores may differ from prices offered in brick-and-mortar stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and which are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion shall apply. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

The goods will be delivered to the place of delivery specified in the order. Title to the goods, the risk of loss, and the risk of damage to the goods shall pass to you upon full payment of the agreed price or upon handover of the goods for carriage, whichever occurs first. The delivery time is stated individually for each product and may vary depending on the method of production, stock availability, and place of dispatch. An order may contain products from multiple manufacturers. Individual products may be delivered separately and on different dates. Should the delivery time be extended, the Pouf Pouf shop will inform the buyer and agree on further steps with them.

SECTION 6 – INTELLECTUAL PROPERTY

Our services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and their design, selection, and arrangement, are the property of the Pouf Pouf shop, business partners, third parties, and licensors and are protected by intellectual property law.
These Terms allow you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material related to the services without our prior written consent. Except as expressly stated in these Terms, nothing herein grants you or shall be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of the Pouf Pouf shop, Shopify, or any third party. Unauthorized use of the services may be a violation of intellectual property law. All rights not expressly granted herein are reserved by the Pouf Pouf shop.
The names, logos, product and service names, designs, and slogans of the Pouf Pouf shop are the intellectual property of the Pouf Pouf shop or its business partners, third parties, or licensors. You may not use these names, logos, product and service names, designs, and slogans without the prior written consent of the Pouf Pouf shop. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the services are protected by the intellectual property law of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the services, you may be provided with access to customer tools offered by third parties, which we do not monitor, have no control over, nor interfere with. 
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of optional tools offered through this site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant external provider(s).
In the future, we may offer new features through the services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to visit. If you decide to leave the services to access these third-party materials or sites, you do so at your own risk. We are not liable for any harm or damage related to your access to third-party websites or your purchase or use of any products, services, resources, or content on third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

The Pouf Pouf shop is operated on the Shopify platform, which enables us to provide the services to you. However, all sales and purchases in our shop take place directly with the Pouf Pouf shop.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the services is subject to our Privacy Policy, which you can view here, and some personal data may be subject to the Shopify Privacy Policy, which you can view here. By using the services, you confirm that you have read these privacy policies.

SECTION 11 – FEEDBACK

If you send, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, designs, plans, or other content (collectively “feedback”), you grant us a perpetual, worldwide, further assignable, royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any media for any purpose, including commercial use. We may use our rights under this license, for example, to operate, provide, evaluate, improve, enhance, and promote the services and to fulfill our obligations and exercise our rights under the Terms of Service.
Furthermore, you represent and warrant that: (i) you own or have all necessary rights to all feedback; (ii) you have disclosed all compensation or incentives you received in connection with submitting the feedback; and (iii) your feedback will comply with these Terms. We are not and shall not be under any obligation (1) to maintain your feedback in confidence; (2) to pay compensation for your feedback; or (3) to respond to your feedback. We may, but have no obligation to, monitor, edit, or remove feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or otherwise unlawful, offensive, or obscene material, nor will it contain any computer virus or other harmful software that could in any way affect the operation of the services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback and its accuracy. We take no responsibility for any feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

 Occasionally there may be information on or in the services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the services only for lawful purposes. You may not access or use the services directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international or national regulations, rules, laws, or local ordinances; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; for the purpose of (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or harming our employees or any other person; (e) submitting false or misleading information; (f) sending, knowingly receiving, uploading, downloading, using, or re-using any material that does not comply with these Terms; (g) transmitting or procuring the sending of any advertising or promotional material, including junk mail, chain letters, spam, or other similar solicitations; (h) impersonating or attempting to impersonate another person or entity; or (i) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the services, or which, as determined by us, may harm the Pouf Pouf shop, Shopify, or users of the services or expose them to liability. Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or cancel your account at any time without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the services (or any part thereof) at any time at our sole discretion without prior notice, and you shall remain liable for all amounts due up to and including the date of termination. The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Disclaimer of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions which by their nature should survive termination.

SECTION 15 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Pouf Pouf shop, our partners, collaborators, agents, contractors, service providers, or licensors, as well as Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the services or any products procured using the services, or for any other claim related in any way to your use of the services or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Pouf Pouf shop, Shopify, and our collaborators, partners, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the services. We will notify you of any indemnifiable claim, provided that failure to provide prompt notice does not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the choice of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including providing relevant documents.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION 19 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 20 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Czech law in the jurisdiction where the Pouf Pouf shop has its registered office. Both you and the Pouf Pouf shop agree to the local jurisdiction of the courts according to the registered office of the Pouf Pouf shop.

SECTION 21 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 22 – CHANGES TO TERMS OF SERVICE

You can review the current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@poufpoufshop.com.
Iva Mikulčíková, ID No.: 09831169, with its registered office at Merhautova 926/5, 613 00, Brno - Černá Pole.