Terms of service

OVERVIEW
Welcome to PikaPanda! The terms "we", "us" and "our" refer to PikaPanda. PikaPanda operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalised shopping experience (the "Services"). PikaPanda is powered by Shopify, so that we can provide the Services to you.

The general terms and conditions below, including any policies referenced herein (the "Terms of Service" or "Terms"), set out your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and address matters such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age in the state or province where you live and that you have given us permission to allow any minor family members to use the Services on devices that you own, purchase, or manage.
To use the Services, including visiting or browsing our webshops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity in your account. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 - OUR PRODUCTS
We strive to provide the most accurate possible description of our products and services in our webshops. However, please note that the colours and appearance of the product may differ from how they appear on your screen. This is related to the type of device you use to access the store and to the device settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our webshop.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue the sale of a product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. PikaPanda reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until PikaPanda has confirmed it. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting it. PikaPanda may not be able to honour a request to cancel after your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number you provided during the ordering process.
You may return or exchange purchases only in accordance with our refund policy [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 promotions may change without prior notice. The price charged for a product or service is the price in effect at the time you place the order. This price is stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, the prices shown do not include taxes, shipping charges, handling fees, customs duties, or import duties.
The prices shown in our webshops may differ from prices in physical stores, or in webshops or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to separate terms and conditions from these Terms. In the event of any inconsistency 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 stores. You agree to promptly update your account and other details, including your email address, credit card numbers, and credit card expiry dates, whenever they change, so that we can process your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorised to use the credit card for purchases; (iii) your charges will be approved by the card issuer; and (iv) you will pay the charges incurred in accordance with the displayed prices, including shipping charges, handling fees, and all applicable taxes, where applicable.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we have delivered the products to the carrier, title and the risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of PikaPanda, its affiliates, or its licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms 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 any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants you any licence or other rights under any patent, trademark, copyright, or other intellectual property of PikaPanda, Shopify, or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by PikaPanda.
The names, logos, product names, service names, design elements, and slogans of PikaPanda are trademarks of PikaPanda or its affiliates or licensors. You may not use such trademarks without the prior written consent of PikaPanda. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be able to access customer tools provided by third parties in connection with the Services. We do not monitor these tools and have no control over or influence on them.
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 shall not be liable in any way for any damage arising from or relating to your use of optional third-party tools.
You use optional tools offered through the site entirely at your own risk and discretion. You must ensure that you are aware of and agree to the terms on which the tools are provided by the relevant third party or parties.
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 deemed part of the Services and shall be subject to these Terms of Service.

SECTION 8 - LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of materials or websites of third parties to which you wish to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any damage or adverse consequences associated with your visit to third-party websites, or with your purchase or use of products, services, resources, or content on third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before entering into any transaction. Any complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTICE TO MERCHANTS: This section accurately describes Shopify's relationship with your store and must not be removed or altered.]
PikaPanda uses Shopify so that we can provide the Services to you. However, all sales and purchases made in our store are processed directly with PikaPanda. By using the Services, you acknowledge and agree that Shopify is not responsible for any sale-related aspect between you and PikaPanda, including injury, damage, or loss arising from purchased products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with PikaPanda.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide the Services to you and improve them. Information that you submit to the Services is transferred to and shared with Shopify, as well as with third parties that may be located in countries other than where you live, so that they can provide services to you. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this licence to operate, provide, evaluate, improve, and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or have all necessary rights in all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are not, and shall not be, obligated (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene statements, nor any computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you submit and for its accuracy. We are not responsible for and accept no 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. Such information may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice (including after you have placed an order).

SECTION 13 - PROHIBITED USE
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, provincial, or local law, regulation, rule, or ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or facilitate the transmission of advertising or promotional material, including junk mail, chain letters, spam, or other similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other activity that restricts or prevents others from using the Services, or that, as determined by us, may harm PikaPanda, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other types of malicious code that in any way affect 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 information of others; (d) use spam, phishing, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following sections also remain in effect after 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 provided on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, and any other persons who become aware of its content.
UNLESS EXPRESSLY STATED BY PikaPanda, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, PikaPanda, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, WITHOUT LIMITATION, ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT THAT (OR A PRODUCT THAT) IS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PikaPanda, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against all costs relating to losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party as a result of or arising from (1) your breach of these Terms of Service or any documents incorporated herein by reference; (2) your breach of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you in the event of any claim giving rise to indemnification, provided that failure to give timely notice shall not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defence and settlement of any such claim at your expense, including by appointing counsel, but we shall not settle claims requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You are required to cooperate in the defence of claims giving rise to indemnification, including by providing relevant documents.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a finding shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision in connection with these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or business rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with our Services shall be governed by and construed in accordance with the federal and state-specific or provincial courts in the jurisdiction where PikaPanda has its principal place of business. You and PikaPanda consent to the jurisdiction and personal venue of such court.

SECTION 22 - HEADINGS
The headings used in this agreement are for reference only and shall not limit or otherwise affect these Terms in any way.

SECTION 23 - CHANGES TO THE TERMS OF SERVICE
You may review the most recent version of the Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date stated in the notice. Continued access to or use of the Services after changes to these Terms of Service have been made constitutes your acceptance of those changes.

SECTION 24 - CONTACT DETAILS
Questions about the Terms of Service should be sent to us at info@pikapanda.nl.