Terms of service
OVERVIEW
Welcome to Plätzchen für Kätzchen – PFK! The terms “we”, “us” and “our” refer to Plätzchen für Kätzchen – PFK. Plätzchen für Kätzchen – PFK operates this shop and this website, including all related information, content, functions, tools, products and services, in order to provide you, the customer, with a tailored shopping experience (the “Services”). Plätzchen für Kätzchen – PFK is powered by Shopify, which enables us to provide 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 you use 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 in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that belong to you, were purchased by you or are managed by you.
To use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be asked to provide certain information such as your email address and billing, payment and shipping 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 details 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 shops as accurately as possible. However, please note that colors or the appearance of products may differ from the colors displayed on your screen due to the device you use to access the shop, as well as its settings and configuration.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or exactly match the representations in our online shops.
All product descriptions may be changed at any time and without notice at our sole discretion. We reserve the right to remove products from our offering at any time and to limit the quantities of products we offer to any person, in any geographic region or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you submit an offer to purchase. Plätzchen für Kätzchen – PFK reserves the right, in its sole discretion and for any reason, to accept or reject your order. Your order is deemed accepted only once it has been confirmed by Plätzchen für Kätzchen – PFK. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as Plätzchen für Kätzchen – PFK may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.
The return or exchange of your purchases is governed exclusively by our Withdrawal / Return Policy [LINK].
You represent and warrant that your purchases are intended for your personal use or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service is the price in effect at the time you place your order and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping, handling, customs duties or import fees.
The prices listed in our online shops may differ from prices in physical stores or in online shops or other shops operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and may be subject to terms different from those of these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other details, 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 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 posted prices, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand over the products to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, video and audio files, and the design, selection and arrangement thereof, are the property of Plätzchen für Kätzchen – PFK, its affiliates or licensors and are protected by applicable 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 of, publicly display, publicly perform, republish, download, store or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms and Conditions shall be construed as granting you any license or other rights in any patents, trademarks, copyrights or other intellectual property of Plätzchen für Kätzchen – PFK, Shopify or third parties. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by Plätzchen für Kätzchen – PFK.
The names, logos, product and service names, designs and slogans of Plätzchen für Kätzchen – PFK are trademarks of Plätzchen für Kätzchen – PFK or its affiliates or licensors. You may not use these marks without the prior written consent of Plätzchen für Kätzchen – PFK. 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 gain access to customer tools offered by third parties as part of the Services, which we neither monitor nor control nor have any influence over.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We disclaim any liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and agreeing to the terms and conditions under which such tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be 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 examining or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access these materials or third-party websites, you do so at your own risk.
We are not liable for any damages or losses arising from your access to third-party websites or from your purchase or use of products, services, resources or content on third-party websites. You should carefully review the policies and practices of the third party 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 TO SHOPIFY
[NOTE FOR MERCHANTS: This section accurately characterizes Shopify’s relationship to your shop and should not be removed or modified.]
Plätzchen für Kätzchen – PFK is hosted by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are concluded directly with Plätzchen für Kätzchen – PFK. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Plätzchen für Kätzchen – PFK, including any injuries, damages or losses arising from products and services purchased. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and obligations arising from or related to your purchases and transactions with Plätzchen für Kätzchen – PFK.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed there as well. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services. Data you submit to the Services is shared with Shopify and with third-party providers, which may be located in countries other than the country of your residence, in order to provide the Services to you. For more information about how we, Shopify and our partners use your personal data, please see our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit, upload, post, 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 use. We may, for example, exercise our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to fulfill our obligations and exercise our rights under these Terms.
You represent and warrant that: (i) you own all rights to the Feedback content or otherwise hold all necessary rights; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your Feedback as confidential, (2) pay compensation 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 determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms and Conditions.
You represent that your Feedback does not infringe the rights of third parties, including copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive or obscene material and is free of viruses or other malware that could affect the operation of the Services or any related website in any way. 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 your Feedback and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or within the Services may contain 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 on the Services is inaccurate, at any time and 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, federal, provincial, state or local regulations, rules, laws or ordinances;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms and Conditions;
(g) to transmit or procure the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation;
(h) to impersonate or attempt to impersonate any person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Plätzchen für Kätzchen – PFK, Shopify or users of the Services or expose them to liability.
Furthermore, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that will or may affect 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 data of others;
(d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; 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 terminate your account at any time and without notice if we determine that you have violated any part of these Terms and Conditions.
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 and without prior notice. You will 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, 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 presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitors to the Services,
SECTION 16 – LIMITATION OF LIABILITY
To the extent permitted by law, Plätzchen für Kätzchen – PFK, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, as well as Shopify and its affiliates, shall in no event be liable for any injuries, losses, claims or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products purchased 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.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Plätzchen für Kätzchen – PFK, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your breach of these Terms and Conditions 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 or use of the Services.
We will notify you of any claim subject to indemnification, provided that a failure to promptly notify you shall not relieve you of your obligations unless you are materially prejudiced by such failure. We may assume the defense and settlement of any such claim at your expense, including the selection of legal counsel, but we will not settle any claim without your consent (which shall not be unreasonably withheld) if the settlement imposes non-monetary obligations on you. You agree to cooperate fully with us in the defense of any indemnified claim, including providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 – WAIVER & ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or with respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign, transfer or delegate these Terms or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the laws and courts of the country and region in which Plätzchen für Kätzchen – PFK is headquartered. You and Plätzchen für Kätzchen – PFK consent to the jurisdiction and exclusive venue of such courts.
SECTION 22 – HEADINGS
The headings used in these Terms and Conditions are included for convenience only and shall not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change or replace any part 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 periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us at:
Plätzchen für Kätzchen – PFK e. V.
info@plaetzchenfuerkaetzchen.de
Stockmeyerstraße 43 (Halle 4a)
20457 Hamburg, Germany