利用規約
Terms and Conditions
1. Introduction
1.1
These Terms and Conditions apply to the use of our Website and to the purchase of Products offered through our Website.
The Website and The Paw Company are operated by HomeFocus Marketing, trading as The Paw Company ("we", "us", "our").
1.2
The defined terms and interpretations used in these Terms and Conditions are set out in paragraph 26.
1.3
These Terms and Conditions should be read together with our Privacy Policy, Shipping Policy and Return & Refund Policy.
Nothing in these Terms and Conditions limits or excludes any mandatory consumer rights that apply to you under the laws of your country or jurisdiction.
2. Acceptance
2.1
By placing an Order, you represent and warrant that:
(a) you are a natural person and are at least 18 years old, or otherwise have the legal capacity or appropriate authorisation required to enter into the transaction;
(b) you have the power to enter into a legally binding contract with us; and
(c) you are not prevented by applicable law from entering into a legally binding contract with us.
2.2
We reserve the right, where reasonably necessary, to request confirmation of your authority or identity before accepting an Order.
2.3
You must not use the Website or place Orders for fraudulent, unlawful or abusive purposes.
2.4
We reserve the right to refuse access to our Website or reject an Order where we reasonably consider this necessary, including in cases of suspected fraud, misuse or violation of these Terms.
2.5
Placement of an Order means:
(a) you confirm that you have had an opportunity to read these Terms and Conditions;
(b) you make an offer to purchase the Products contained in your Order in accordance with these Terms;
(c) you acknowledge that acceptance of the Order is subject to our Order Confirmation; and
(d) you agree to comply with these Terms and Conditions.
2.6
If you do not agree to these Terms and Conditions, you should not place an Order through the Website.
2.7
Where required, you may be asked to expressly accept these Terms before:
(a) submitting certain information through our Website; or
(b) completing a purchase.
2.8
By using our Website or purchasing Products, you also acknowledge our:
(a) Privacy Policy;
(b) Return & Refund Policy; and
(c) Shipping Policy.
2.9
We recommend saving or printing a copy of these Terms and Conditions for future reference.
3. Personal Use
Unless otherwise agreed by us, Products sold through the Website are intended for personal and non-commercial use.
You must not place speculative, fraudulent or unauthorised Orders or purchase Products for unlawful resale or distribution.
4. Prices
4.1
The price applicable to your Order will be the price displayed at checkout before you complete your purchase.
Standard shipping is offered free of charge where stated on our Website and Shipping Policy.
4.2
Where The Paw Company states that customs duties, VAT and clearance charges are included or covered by us for the destination concerned, you will not be charged those costs separately by The Paw Company.
Because Products may be shipped from international fulfilment centres, customs procedures may apply.
If any unexpected customs, duty or clearance charge is requested from you in connection with an Order for which we have stated that such charges are covered, please contact us before making payment at:
hello@thepawcomapnysupport.shop
4.3
We make reasonable efforts to ensure that Product information, descriptions and prices displayed on our Website are accurate.
However, errors may occur.
If we identify an obvious pricing error before fulfilling an Order, we may contact you and offer you the opportunity to:
(a) confirm the Order at the correct price; or
(b) cancel the affected Product or Order and receive a full refund for any amount already paid for it.
4.4
We are not required to supply a Product at an obviously incorrect price where the pricing error was clear and recognisable as an error, to the extent permitted by applicable law.
4.5
We may change our prices from time to time. Price changes will not retrospectively affect Orders already accepted by us.
5. Placing an Order
5.1
All Orders are subject to availability.
After placing an Order, you will normally receive an electronic confirmation acknowledging your Order.
If we are unable to fulfil the Order because of stock availability or another fulfilment issue, we will inform you and refund any applicable payment.
5.2
A sales contract is formed when we accept your Order, normally by issuing an Order Confirmation or otherwise confirming fulfilment of the Order.
5.3
If your Order contains more than one Product, Products may be shipped separately and arrive at different times.
5.4
We reserve the right to:
(a) discontinue Products;
(b) change Product availability;
(c) update Website content; and
(d) correct Website errors.
This does not affect contracts we have already accepted or mandatory consumer rights.
5.5
We may refuse or cancel an Order where reasonably necessary, including because of:
-
Product unavailability;
-
incorrect pricing or Product information;
-
payment problems;
-
suspected fraud;
-
regulatory restrictions; or
-
circumstances preventing lawful fulfilment.
5.6
If we cancel an Order after payment has been collected, we will refund the amount paid for the cancelled Product or Order.
6. Payment
6.1
You may pay using the payment methods displayed at checkout.
Depending on your location and availability, these may include methods such as Visa, Mastercard, American Express, Apple Pay, Google Pay, PayPal, Klarna, Bancontact, iDEAL and Shop Pay.
6.2
Promotional codes or vouchers may be accepted where offered by us, subject to the conditions applicable to the relevant promotion.
6.3
Payments may be processed by third-party payment processors.
Necessary information may be provided to payment processors in accordance with our Privacy Policy.
6.4
We are not ourselves a bank or regulated payment processor. Payment processing services may be provided by third parties subject to their applicable terms.
6.5
You are responsible for providing accurate payment information and confirm that you are authorised to use the payment method submitted with the Order.
6.6
Fraudulent or unauthorised use of payment methods is prohibited.
We may cooperate with payment providers, banks or competent authorities in investigating suspected payment fraud.
6.7
If you believe that there is a problem with a payment or Order, we encourage you to contact us first so that we can attempt to resolve the issue:
hello@thepawcomapnysupport.shop
Nothing in these Terms prevents you from exercising any lawful rights you may have through your payment provider, card issuer or applicable consumer law.
7. Delivery
7.1
We will endeavour to deliver your Order to the delivery address provided during checkout.
You are responsible for ensuring that the address supplied is complete and accurate.
7.2
Estimated delivery information is provided on our Website and in our Shipping Policy.
7.3
Our usual timeframe is:
Processing: 1–3 working days
Delivery: 3–8 working days
Total estimated timeframe: 4–11 working days
Delivery times are estimates and may vary due to location, customs procedures, carrier delays, seasonal demand or circumstances outside our reasonable control.
7.4
If we cannot deliver to the destination provided, we may contact you to arrange an alternative solution or cancel the affected Order and refund you.
7.5
Risk in the Products passes to you when the Products are delivered to you or to a person identified by you to receive them, subject to mandatory applicable law.
7.6
If delivery cannot be completed, the carrier may provide instructions for redelivery, collection or another delivery attempt.
7.7
If a parcel is returned to us because the customer provided an incorrect address, refused delivery without valid reason, or failed to collect the parcel, we may recover reasonable additional shipping costs where permitted by applicable law.
7.8
Products may be dispatched directly by international manufacturers, suppliers or fulfilment partners.
Your parcel may therefore show an international origin.
7.9
Our current Shipping Policy forms part of these Terms and contains further information regarding delivery, tracking, customs and shipping costs.
8. Cancellation or Modification of Orders
8.1
If you wish to cancel or modify an Order, please contact us as soon as possible at:
hello@thepawcomapnysupport.shop
8.2
We request cancellation requests within 24 hours of placing the Order.
Because fulfilment may begin quickly, we may be unable to cancel or modify an Order once processing or dispatch has begun.
8.3
If an Order can no longer be cancelled before delivery, you may still be entitled to return the Product after receiving it in accordance with our Return & Refund Policy and any mandatory right of withdrawal that applies to you.
Nothing in this paragraph limits mandatory cancellation or withdrawal rights under applicable consumer law.
9. Defective Products
9.1
Unless specifically described otherwise, Products are standard Products and are not custom-made to individual customer specifications.
9.2
We endeavour to describe Products accurately and provide accurate images and information.
9.3
Minor differences in colour, appearance or packaging may occur because of differences in screens, production batches or packaging, provided that the Product remains in conformity with the contract and applicable law.
9.4
If you receive a Product that is damaged, defective, faulty or different from what you ordered, contact:
hello@thepawcomapnysupport.shop
Please provide your Order number, a description of the issue and appropriate photographic evidence where reasonably possible.
9.5
Returns relating to defective or incorrect Products are governed by our Return & Refund Policy.
9.6
We will review the issue within a reasonable period after receiving the necessary information or returned Product.
9.7
Where a Product is confirmed to be defective or non-conforming, we will provide an appropriate remedy in accordance with applicable law and our Return & Refund Policy.
9.8
Depending on the circumstances and applicable law, remedies may include:
(a) repair;
(b) replacement;
(c) price reduction; or
(d) full or partial refund.
For defective, damaged or incorrect Products, the customer will not be charged the applicable return shipping costs where we require the Product to be returned.
9.9
Nothing in this section excludes statutory warranties or guarantees applicable to consumers.
For consumers in the European Union, mandatory legal guarantee rights apply independently of our voluntary return policy.
10. Returns and Refunds
10.1
Our Return & Refund Policy forms part of these Terms and Conditions.
10.2
We offer a voluntary 30-day return period for eligible change-of-mind returns, calculated from delivery of the Order, subject to the conditions contained in our Return & Refund Policy.
10.3
For voluntary change-of-mind returns, the customer is generally responsible for the actual cost of return shipping.
Return shipping for defective, damaged or incorrect Products is covered by The Paw Company where a return is required.
10.4
Returns must first be registered with our customer service team.
Do not send a Product to an address without first receiving return instructions.
10.5
For voluntary change-of-mind returns, Products should generally be unused, unwashed and in their original condition, with original tags, accessories and packaging where applicable.
Statutory withdrawal and defective-product rights remain unaffected.
10.6
The correct return address may depend on the Product and fulfilment location and will be provided by our customer service team.
10.7
Once an eligible returned Product has been received and inspected, we will notify you and process an approved refund in accordance with our Return & Refund Policy.
10.8
Approved refunds are normally processed within 7 business days after approval and are issued to the original payment method.
Additional processing time may be required by your bank or payment provider.
10.9
For EU consumers, the statutory right of withdrawal generally provides a minimum of 14 days from receipt of eligible goods to communicate the decision to withdraw.
Our voluntary 30-day return period does not reduce or replace any mandatory statutory rights.
11. Vouchers and Promotional Discounts
11.1
Promotional vouchers, discount codes or promotional offers may be used subject to the conditions associated with the relevant promotion.
11.2
Where a promotional code is required, it must normally be entered at checkout before the Order is completed.
11.3
Once successfully applied, the discount will be reflected in the Order total.
11.4
Unless otherwise stated, only one promotional voucher or discount code may be used per Order.
11.5
Promotional vouchers have no cash value unless expressly stated otherwise or required by applicable law.
11.6
If a voucher does not cover the entire Order value, the balance may be paid using another available payment method.
11.7
Where an Order purchased using a discount or voucher is returned, refunds will be calculated based on the amount actually paid, subject to applicable law and the conditions of the relevant promotion.
12. Permitted Use
12.1
You must not:
(a) use the Website in a manner that damages or impairs its availability, performance or security;
(b) use the Website for illegal, fraudulent or harmful purposes;
(c) introduce viruses, malware, spyware, Trojan horses, worms, keyloggers, rootkits or other malicious software;
(d) conduct systematic or automated scraping, data mining, extraction or harvesting without our permission;
(e) access the Website using automated methods in a manner that interferes with its operation;
(f) circumvent technical restrictions or security mechanisms;
(g) use data obtained from our Website for unauthorised direct marketing;
(h) unlawfully collect or use personal information relating to other persons;
(i) interfere with devices, servers, networks or systems connected to the Website;
(j) initiate or participate in hacking, denial-of-service or other cyberattacks;
(k) copy, reverse engineer, decompile or attempt to obtain the source code of our Website except where such restriction is prohibited by law;
(l) reproduce substantial parts of our Website for the purpose of creating an unauthorised competing copy;
(m) sell, sublicense or unlawfully transfer access to the Website;
(n) falsely represent an association with The Paw Company;
(o) modify or misuse Website materials in violation of our intellectual property rights;
(p) use the Website in violation of applicable law;
(q) make unauthorised Orders; or
(r) place false, speculative or fraudulent Orders.
12.2
You may be responsible for reasonably foreseeable loss caused by your unlawful or fraudulent violation of these Terms, subject to applicable law.
12.3
If you become aware of serious misuse of our Website, you may notify us.
12.4
Information you provide through the Website must, to the best of your knowledge:
(a) be accurate and not misleading;
(b) comply with applicable law;
(c) not infringe third-party rights; and
(d) not contain unlawful or malicious content.
12.5
We may reasonably request information required to verify an Order, identity or payment.
12.6
You are responsible for complying with laws applicable to your own use of the Website.
12.7
Questions or reports regarding Website misuse may be sent to:
hello@thepawcomapnysupport.shop
13. Links to the Website and Third-Party Websites
13.1
Our Website may contain links to third-party websites or resources for convenience or information.
Unless expressly stated otherwise, a link does not constitute our endorsement of that third party.
13.2
We do not control third-party websites and are not responsible for their content, availability or practices to the extent permitted by law.
13.3
You may link to our homepage in a fair and lawful manner that does not damage our reputation.
13.4
You must not create a link that falsely suggests association, authorisation, sponsorship or endorsement by us.
13.5
You must have authority to publish a link from the website on which it appears.
13.6
You may not frame or reproduce substantial portions of our Website without permission.
13.7
We reserve the right to withdraw linking permission where reasonably necessary.
13.8
Any website linking to ours must comply with applicable law.
13.9
For commercial linking or other uses outside these permissions, contact us in advance.
14. Intellectual Property Rights
14.1
The design, code, structure and organisation of the Website may be protected by intellectual property laws.
14.2
Unless otherwise stated, we or our licensors own or are authorised to use intellectual property rights relating to our Website, branding, graphics, text, photographs, videos and other content.
All applicable rights are reserved.
14.3
You may use Website content for ordinary personal and non-commercial use associated with shopping on our Website.
14.4
If you believe our intellectual property rights are being infringed, please contact us.
14.5
Our names, branding, logos and trademarks may not be commercially reproduced or used without permission except where allowed by applicable law.
15. Data Protection and Cookies
15.1
Our Privacy Policy describes how we collect and process personal data and forms part of the contractual information associated with use of our Website.
15.2
We use cookies and similar technologies.
Necessary cookies may operate where required for Website functionality.
Where applicable law requires consent for non-essential cookies, such cookies will be used in accordance with your cookie preferences and our Privacy Policy.
Accepting these Terms does not itself constitute consent to optional cookies where separate consent is legally required.
15.3
We take reasonable technical and organisational measures to protect personal data against unauthorised or unlawful processing and accidental loss, destruction or damage.
15.4
Information may be shared with our employees, service providers, payment providers, Shopify, suppliers and fulfilment partners where necessary and in accordance with our Privacy Policy.
16. Viruses and Website Security
16.1
We take reasonable steps to maintain Website security but do not guarantee that the Website will always be completely free from bugs, errors or malicious software.
16.2
You are responsible for appropriately securing your own devices and systems.
16.3
You must not knowingly introduce malicious or technologically harmful material to the Website.
16.4
You must not attempt to gain unauthorised access to our Website, servers, databases or related systems.
16.5
You must not carry out denial-of-service attacks or similar attacks.
16.6
Serious security violations may result in suspension of access and may be reported to competent authorities where appropriate or legally required.
17. Liability
17.1
Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law.
Subject to that principle, we are not responsible for losses caused exclusively by:
(a) unlawful conduct of third parties;
(b) customer misuse of the Website or Product;
(c) information supplied by unrelated third parties;
(d) circumstances outside our reasonable control; or
(e) your failure to follow reasonable Product instructions or warnings.
17.2
Where you use the Website and Products solely as a consumer, we are not responsible for business losses such as loss of profits, revenue or commercial opportunities that were not reasonably foreseeable consequences of our breach.
17.3
Any limitation of liability contained in these Terms applies only to the maximum extent permitted by applicable law.
17.4
Nothing in these Terms imposes a shorter limitation period on a consumer claim where applicable law grants the consumer a longer mandatory period.
17.5
Employees, contractors and agents of The Paw Company are not personally liable for obligations that legally belong to HomeFocus Marketing, except where applicable law provides otherwise.
17.6
Any warranties or conditions that cannot lawfully be excluded remain fully applicable.
17.7
Nothing in these Terms excludes or limits liability for:
(a) death or personal injury caused by negligence where liability cannot lawfully be excluded;
(b) fraud or fraudulent misrepresentation;
(c) wilful misconduct where liability cannot lawfully be excluded;
(d) mandatory consumer guarantees;
(e) defective Product liability that cannot legally be excluded; or
(f) any other liability which applicable law prohibits us from excluding or limiting.
17.8
These limitations must be interpreted consistently with mandatory consumer protection law.
18. Indemnification
18.1
To the extent permitted by applicable law, you may be responsible for losses reasonably incurred by us as a direct result of:
(a) fraudulent use of the Website;
(b) intentional unlawful conduct;
(c) serious infringement of our intellectual property rights; or
(d) material misuse of the Website.
18.2
This provision does not require a consumer to compensate us for losses caused by us, our suppliers or circumstances for which the consumer is not legally responsible.
19. Force Majeure
19.1
We are not responsible for delays caused by circumstances beyond our reasonable control, subject to mandatory consumer rights.
Examples may include natural disasters, severe weather, war, civil disturbances, government measures, transport disruption, strikes, major network failures and interruptions affecting suppliers or carriers.
19.2
If such circumstances materially prevent performance for an extended period, we may cancel the affected Order and refund amounts paid for Products that will not be delivered.
20. Variations
20.1
We may update these Terms and Conditions from time to time.
The version applicable to an Order will generally be the version in effect when that Order was placed, unless applicable law requires otherwise.
20.2
If you do not agree with future Terms governing use of the Website, you may discontinue use of the Website.
20.3
Changes to these Terms will not remove contractual or statutory rights that have already arisen in connection with a completed or accepted Order.
21. Your Breach
21.1
If you materially breach these Terms or use the Website unlawfully, we may take proportionate action, which may include:
(a) issuing a warning;
(b) temporarily limiting Website access;
(c) suspending an Order where reasonably necessary;
(d) refusing a fraudulent or unlawful transaction;
(e) restricting future Website access; or
(f) taking appropriate legal action.
21.2
You must not deliberately circumvent lawful security restrictions imposed because of serious Website misuse.
22. Termination and Suspension
22.1
You may stop using the Website at any time.
22.2
We may suspend, modify or discontinue all or part of the Website for maintenance, security, commercial or operational reasons.
22.3
We may restrict access if continued use presents a security risk, legal risk or serious disruption to other users.
22.4
Where reasonably possible, we will provide appropriate notice of substantial Website interruptions.
22.5
Suspension or termination of Website access does not affect mandatory rights relating to Orders already placed or Products already purchased.
23. Effect of Termination
23.1
Termination of access to the Website does not remove obligations we are legally required to fulfil in connection with existing Orders, refunds, guarantees, consumer rights or privacy obligations.
23.2
Neither party becomes entitled to compensation merely because ordinary Website access has ended, except where a right to compensation arises under applicable law.
23.3
Provisions which by their nature continue after termination, including intellectual property, liability and dispute provisions, will continue to apply where appropriate.
24. General Provisions
24.1
You may not transfer contractual rights or obligations where such transfer would materially prejudice us, except where applicable law gives you a right to do so.
24.2
Rights and remedies provided by these Terms are in addition to rights provided by applicable law.
24.3
We may use third-party service providers to operate, host and fulfil parts of the Website and our services.
24.4
If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted or limited to the maximum extent permitted by law.
The remaining provisions will continue to apply.
24.5
Failure or delay in exercising a right does not automatically constitute a waiver of that right.
24.6
Except where expressly provided or required by law, no third party is intended to obtain independent contractual rights under these Terms.
24.7
These Terms, together with the policies referred to in them and the information presented during checkout, form the contractual framework for Orders placed through our Website.
25. Applicable Law and Disputes
25.1
HomeFocus Marketing is established in the Netherlands.
These Terms and contracts entered into through The Paw Company are governed by the laws of the Netherlands, subject always to any mandatory consumer protection rules that apply in the country in which you habitually reside.
25.2
Nothing in these Terms deprives a consumer of mandatory protections granted by the laws that would otherwise apply to them.
25.3
We encourage customers to contact us first so that we can attempt to resolve any complaint or dispute:
hello@thepawcomapnysupport.shop