Terms of service

OVERVIEW
Welcome to My Shop! The terms "we", "us" and "our" refer to My Shop. My Shop operates this shop and this website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the "Services"). My Shop is based on Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with the policies referenced herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor dependents to use the Services on devices you own, have purchased, or manage.

To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and delivery details. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you are fully authorized to provide such information.

You are solely responsible for the security of your account login credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 OUR PRODUCTS
We have made every effort to display our products and Services in our online stores as accurately as possible. However, please note that colors or the appearance of products may vary due to the device you use to access the shop, as well as its settings and configuration.

We make no guarantees that the appearance or quality of the products or Services you purchase will meet your expectations or match the representations in our online stores.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to remove products from the assortment at any time and to limit the quantities of products offered to a person, in a geographic region, or within a jurisdiction on a case-by-case basis.

SECTION 3 ORDERS
By placing an order, you are making an offer to purchase. My Shop reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted once confirmed by My Shop. Acceptance of your order is contingent upon receipt and processing of your payment.

Please review your order carefully before submitting, as My Shop may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of order.

Returns or exchanges of your purchases will only be handled in accordance with our right of withdrawal [LINK].

You represent and warrant that your purchases are for personal use or household use and not for commercial resale or export.

SECTION 4 PRICES AND BILLING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or Service is the price in effect at the time of order and is indicated in the order confirmation you receive by email. Unless explicitly stated otherwise, prices do not include taxes, shipping, handling, customs, or import fees.

The prices listed in our online stores may differ from prices in physical stores or in online shops or other stores operated by third parties. From time to time, we may offer promotions for the Services that affect pricing and are subject to different terms than these Terms. In case of conflict between the terms of a promotion and these Terms, the terms of the promotion take precedence.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, 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 truthful, accurate, and complete, ii) you are authorized to use the credit card for purchase, iii) charges incurred by you will be honored by your credit card company, and iv) you will pay for the charges you incur at the stated prices, including shipping and handling fees and all applicable taxes.

SECTION 5 SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates and not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we hand over products to the shipping carrier, ownership and risk of loss pass to you.

SECTION 6 INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, text, representations, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of My Shop, its affiliates, or licensors and are protected by US and foreign patent, copyright, and other intellectual property laws.

These Terms and Conditions 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 from the Services. Unless explicitly stated herein, no provision of these Terms grants you a license or other rights to patents, trademarks, copyrights, or other intellectual property of My Shop, Shopify, or third parties, nor can such rights be implied from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by My Shop.

The names, logos, product and service names, designs, and slogans of My Shop are trademarks of My Shop or its affiliates or licensors. You may not use these trademarks without My Shop's prior written permission. 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 on the Services are the trademarks of their respective owners.

SECTION 7 OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services that we do not monitor, control, or influence.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from the use of optional third-party tools or related to them.

Use of optional tools offered via the website is at your own risk and discretion. You are responsible for becoming familiar with and accepting the terms and conditions under which the tools are provided by the respective third parties.

We may in the future offer new features through the Services, including the release of new tools and resources. Such new features are also considered part of the Services and are subject to these Terms and Conditions.

SECTION 8 THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you access at your discretion. If you choose to leave the Services to access such materials or websites, you do so at your own risk.

We are not liable for any damages or losses resulting from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third party’s policies and procedures 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 respective third party.

SECTION 9 RELATIONSHIP TO SHOPIFY
[NOTE TO MERCHANTS: This section accurately describes Shopify's relationship to your shop and should not be removed or modified.]
My Shop is powered by Shopify, which enables us to provide the Services. All sales and purchases you make in our shop are completed directly with My Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and My Shop, including any injury, damages, or losses arising from purchased products and Services. You hereby release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising from your purchases and transactions with My Shop.

SECTION 10 PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Additionally, certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these Privacy Policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services is transmitted to Shopify as well as to third parties that may be located in countries other than the country in which you reside, in order to provide the Services to you. Our Privacy Policy [LINK] provides further details on how we, Shopify, and our partners use your personal information.

SECTION 11 FEEDBACK
If you submit, upload, post, send by email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, to fulfill our obligations, and to exercise our rights under these Terms and Conditions.

You further represent and warrant that: i) you own all Feedback content or have full rights to it; ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your Feedback as confidential, (2) pay you for your Feedback, or (3) respond to your Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we consider in our sole discretion to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of a party or these Terms and Conditions.

You represent that your Feedback does not infringe on the rights of any third party, including copyrights, trademark rights, privacy rights, publicity rights, or other personal or property rights. You further represent that your Feedback contains no defamatory or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or third parties about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We accept no responsibility or liability for Feedback submitted by you or a third party.

SECTION 12 ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, timing, and availability. In the event of inaccurate information, we reserve the right to correct errors, inaccuracies, or omissions, change or update information, or cancel orders at any time without prior notice, even after you have submitted your order.

SECTION 13 PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services to: (a) engage in illegal or malicious activity; (b) violate international, federal, provincial, state, or local laws, rules, or regulations; (c) infringe or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise injure any of our employees or any other person; (e) transmit false or misleading information; (f) transmit, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms and Conditions; (g) transmit promotional or marketing materials, including "junk mail," "chain letters," "spam," or any similar solicitation; (h) impersonate any person or entity, or attempt to do so; or (i) engage in any other conduct that restricts or inhibits anyone’s use of the Services, or which may, in our discretion, harm My Shop, Shopify, or the users of the Services.

You further agree not to: (a) upload or transmit viruses or other types of malicious code that may interfere with the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharm, pretext, spider, crawl, or scrape activities; or (e) interfere with or bypass the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any part of these Terms and Conditions.

SECTION 14 TERMINATION OF AGREEMENT
We may terminate this agreement or your access to the Services (or parts thereof) at our sole discretion at any time without notice. You remain liable for any amounts due up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 DISCLAIMER OF WARRANTIES
The information displayed on or through the Services is provided for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Your reliance on such information is at your own risk. We disclaim all liability and responsibility arising from your or others’ use of or reliance on these materials.

UNLESS EXPRESSLY PROVIDED BY My Shop, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, My Shop, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROVIDED THROUGH THE SERVICES, OR FOR OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 INDEMNIFICATION
You agree to indemnify, defend, and hold harmless My Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising out of (1) your violation of these Terms and Conditions or the documents referenced herein, (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 claims provided that failure to do so does not relieve you of your obligations except to the extent you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You will cooperate in the defense of indemnifiable claims, including providing relevant documents.

SECTION 18 SEVERABILITY
If any provision of these Terms and Conditions is found to be illegal, invalid, or unenforceable, that provision will remain in effect to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions will not be affected by such a determination.

SECTION 19 WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies or operating rules published by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They replace all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us, including but not limited to previous versions of the Terms and Conditions.

Ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.

SECTION 20 ASSIGNMENT
You may not transfer, assign, or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide you Services are governed by the federal and state or territorial courts of the country in which My Shop has its principal place of business and will be construed accordingly. You and My Shop consent to the jurisdiction and personal authority of these courts.

SECTION 22 HEADINGS
The headings used in this agreement are for convenience only and have no effect on these Terms and Conditions.

SECTION 23 CHANGES TO THE TERMS AND CONDITIONS
You may view the current version of the Terms and Conditions at any time on this page.

We reserve the right to update, change, or replace portions of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to review our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. By continuing to use or access the Services after the posting of changes to these Terms and Conditions, you agree to those changes.

SECTION 24 CONTACT INFORMATION
For questions regarding the Terms and Conditions, please contact fluffwell.official@gmail.com.

Our contact information is listed below:
Ludwig Stifter
fluffwell.official@gmail.com

Tel.: +43 6776167 1502