Terms of service

OVERVIEW

Welcome to Paw & Soul! The terms “we”, “us” and “our” refer to Paw & Soul. Paw & Soul operates this shop and this website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). Paw & Soul is powered by Shopify, which enables us to provide you with the Services.

The terms and conditions set out below, together with the policies referred to 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 cover matters such as disclaimers of warranty and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you confirm that you are of legal age in the country or region where you reside and that you have given us your consent to allow your minor dependants to use the Services on devices that you own, have purchased or manage.
In order to use the Services, including accessing or browsing our online shops or purchasing products or services that we offer, you may be asked to provide certain information, such as your email address and details regarding billing, payment and delivery. You warrant and represent that all information you provide in our shops is accurate, up to date and complete, and that you are fully authorised to provide such information.
You are solely responsible for the security of your account login details and for all activity on your account. You may not transfer, sell, assign or licence your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to present our products and services as accurately as possible in our online shops. However, please note that the colours or appearance of the products may differ from those displayed on your screen due to the device you use to access the shop, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the representations in our online shops.
All product descriptions may be amended at any time and without notice at our sole discretion. We reserve the right to remove products from our range at any time and to limit the quantities of products we offer to any one person, in any geographical region or within any jurisdiction on a case-by-case basis.

The economic operator established in the European Union is responsible for product safety and compliance. The person responsible for this product is:

• Paw & Soul (Owner: Kateryna Kovalenko)
• Eichendorffweg 3
• 07745 Jena

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Paw & Soul reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is only considered accepted once it has been confirmed by Paw & Soul. Acceptance of your order is subject to receipt and processing of your payment. Please check your order carefully before submitting it, as Paw & Soul may not be able to accommodate cancellation requests once an order has been accepted. Should we not accept, amend or cancel an order, we will endeavour to notify you via the email address, billing address and/or telephone number provided at the time of ordering.
Returns or exchanges of your purchases are made exclusively in accordance with our Returns and Cancellation Policy https://pawandsoul.eu/policies/refund-policy .
You warrant and represent that your purchases are intended for your personal use or use within your household and not for commercial resale or export.

SECTION 4 – PRICES AND INVOICING

Prices, discounts and special offers are subject to change without prior notice. The price charged for a product or service is the price valid at the time of ordering and will be stated in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs or import duties.
The prices quoted in our online shops may differ from those in physical shops or in online shops or other shops operated by third parties. From time to time, we may offer promotions for the Services, which may affect pricing and to which terms and conditions other than these apply. In the event of any inconsistency between the terms of a promotion and these terms and conditions, the terms of the promotion shall prevail.

(1) Price discounts, bundles and free gifts (e.g. ‘buy X get Y’ promotions)Where products are supplied with a price discount or free gift (e.g. ‘buy X get Y’ promotions, free items, free delivery, volume discounts or fixed-price items), any refund in the event of a partial return will be calculated in accordance with the relevant promotional terms and conditions.
If the conditions of the promotion are no longer met due to a partial return, the free gift must be returned. If this is not done, the relevant price of the free gift will be deducted from the refund amount or charged retrospectively in accordance with our promotional terms and conditions. Price discounts or free gifts cannot be combined with other discounts, unless expressly stated otherwise. Details are set out in the relevant promotional terms and conditions. The promotional terms and conditions form an integral part of these Terms and Conditions and specify the relevant promotions, conditions, excluded items and any subsequent charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to update your account and other information, including your email address, credit card numbers and expiry dates, without delay so that we can complete your transactions and contact you if necessary.
You warrant and represent that (i) the credit card information you provide is true, correct and complete, (ii) you are authorised to use this credit card for the purchase, (iii) the charges incurred by you will be covered by your credit card company, and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for delays in dispatch and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by delivery carriers, customs clearance or events beyond our control. Once we have handed the products over to the delivery carrier, title and the risk of loss pass to you.

(1) Delivery areas and shipping costs

We deliver to the following countries and regions at the shipping costs listed below:

Germany

• Shipping costs: €5.99

EU – Zone 1

• Shipping costs: €7.99

EU Zone 1 includes:

Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, the Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary

Switzerland

• Delivery charges: €8.99

The applicable delivery charges will be clearly communicated to the customer during the ordering process before they submit their binding order. We offer free delivery on orders over €120.

(2) Delivery times

Unless a different delivery period is specified in the relevant offer, delivery will take place:

• within Germany in approx. 3–5 working days,
• to EU Zone 1 and Switzerland in approx. 5–7 working days.

The delivery period begins on the day after the contract is concluded (once we have received payment).

For personalised products, the delivery period only begins once you have given us your approval to produce the product, including your design.

If the end of the delivery period falls on a Saturday, Sunday or public holiday at the delivery location, the period ends on the next working day.

(3) Partial deliveries

We are entitled to make partial deliveries, provided this is reasonable for the customer. This will not result in any additional shipping costs for the customer.

(4) Customs and import duties (Switzerland)

For deliveries to Switzerland, additional customs duties, taxes or other charges may apply. These are to be borne by the customer and paid directly to the relevant authorities.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all brands, trademarks, text, representations, images, graphics, product reviews, video and audio files, as well as their design, selection and arrangement, are the property of Paw & Soul, 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. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit the material in the Services without our prior written consent. Unless expressly provided for herein, no provision of these Terms and Conditions grants you any licence or other rights to any patents, trademarks, copyrights or other intellectual property of Paw & Soul, Shopify or third parties, nor may any such grant be inferred from these provisions. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws.  All rights not expressly granted herein are reserved by Paw & Soul.
The names, logos, product and service names, designs and slogans of Paw & Soul are trademarks of Paw & Soul or its affiliates or licensors. You may not use these trademarks without the prior written permission of Paw & Soul. 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 third-party tools offered as part of the Services, which 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 all liability arising from or in connection with the use of optional third-party tools.
Your use of the optional tools offered via the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms and conditions under which the tools are provided by the relevant third-party providers.
We may also offer new features via the Services in the future (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall 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 reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access at your own discretion. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We shall not be liable for any damage or loss arising 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 provider’s policies and procedures and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Paw & Soul is powered 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 Paw & Soul. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Paw & Soul, including any injuries, damages or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and liabilities arising from or in connection with your purchases and transactions with Paw & Soul.

SECTION 10 – PRIVACY POLICY

All personal data we collect via the Services is subject to our Privacy Policy, which can be viewed here: https://pawandsoul.eu/policies/privacy-policy. In addition, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services is shared with Shopify and third-party service providers, who may be located in countries other than the country in which you reside, in order to provide the Services to you. You can find further information on how we, Shopify and our partners use your personal data in our Privacy Policy at https://pawandsoul.eu/policies/privacy-policy.

In some countries, review invitations are considered a form of direct marketing. By using our website or purchasing our products, you agree – subject to your express consent – that we may contact you for marketing purposes to the extent permitted by law.

We ensure that all necessary consents are obtained in accordance with the applicable data protection regulations. As a user, you are required to familiarise yourself with our privacy policy.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms and Conditions.
You further warrant and represent that: (i) you are the owner of all Feedback content or have full rights thereto; (ii) you have disclosed any remuneration or incentives you have received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are under no obligation to (1) treat your feedback as confidential, (2) pay any compensation for your feedback, or (3) respond to your feedback.

We reserve the right, but are under no obligation, to monitor, edit or remove any feedback that we, in our sole discretion, deem to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms and Conditions.
You warrant that your feedback does not infringe any third-party rights, including copyright, trademark rights, data protection rights, rights of publicity or other personal or proprietary rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, offensive or obscene statements and is free from computer viruses or other malware that could in any way impair the operation of the Services or any associated website. You must not use a false email address, impersonate any person or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for your feedback and its accuracy. We accept no responsibility or liability for feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product delivery costs, delivery times and availability. In the event of inaccuracies, we reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders at any time without prior notice (including after you have submitted your order).

SECTION – PROHIBITED USES

You may access and use the Services only for lawful purposes. You must not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local 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 cause harm to any of our employees or any other person; (e) to transmit 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 cause to be transmitted any advertising or promotional material, including ‘junk mail’, ‘chain letters’, ‘spam’ or other similar promotional activities; (h) to impersonate or attempt to impersonate any other natural or legal person; or (i) engage in any other conduct that restricts or impedes the use of the Services, or which, in our discretion, could harm Paw & Soul, Shopify or the users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that in any way impair the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collecting or tracking the personal data of others; (d) engaging in spamming, phishing, pharming, pretexting, spidering, crawling or scraping activities; or (e) compromising or circumventing the security features of the Services or any associated website, other websites or the internet. We reserve the right to suspend, deactivate or close your account at any time and without notice if we determine that you have breached any part of these Terms and Conditions.

SECTION 14 – TERMINATION OF THE AGREEMENT

We may terminate this Agreement or your access to the Services (or any part thereof) at any time, at our sole discretion and without notice. You will remain liable for all amounts due up to the date of termination.
The following sections shall survive the termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions which, by their nature, are intended to survive termination.

SECTION 15 – DISCLAIMER

The information presented in or via the Services is for general information purposes only. We make no warranty as to the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk. We accept no liability or responsibility arising from your reliance on these materials, or that of other visitors to the Services or any other persons informed of their content.

Unless expressly stated by Paw & Soul, the Services and all products offered via 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, satisfactory quality, 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 or do not allow the exclusion of implied or other warranties, so the above exclusion may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the extent permitted by law, Paw & Soul, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, shall in no event be liable for any injury, loss, claim, 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 based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Services or products obtained through the Services, or for any 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 the 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 Paw & Soul, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties and arising out of (1) your breach of these Terms of Service or the documents to which they refer, (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 a failure to provide prompt notice does not relieve you of your obligations, unless you are thereby materially prejudiced. We may direct the defense and settlement of such a claim at your expense, including the selection of legal counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of claims for damages, including by providing relevant documents.

SECTION 18 – SEVERABILITY CLAUSE

If any provision of these General Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nevertheless remain in effect to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions. The validity and enforceability of the remaining provisions shall 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 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 website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, 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 assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms and Conditions and any separate agreements under which we provide Services to you are governed by and construed in accordance with the federal, state, or territorial courts of the country in which Paw & Soul has its headquarters. You and Paw & Soul agree to the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS

The headings used in this Agreement are for convenience only and have no legal effect on these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS

You can view the current version of the Terms and Conditions at any time on this page.
We reserve the right to update, modify, 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 check 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. By continuing to use or access the Services after changes to these Terms and Conditions are posted, you agree to those changes.
 

SECTION 24 – CONTACT INFORMATION

If you have any questions regarding the Terms and Conditions, please contact care@pawandsoul.eu

Our contact information is listed below:

• Paw & Soul (Owner: Kateryna Kovalenko)
• Eichendorffweg 3
• 07745 Jena