Terms of service

OVERVIEW

This website is operated by Cuddypup. In these Terms of Service (Terms), ‘we’, ‘us’ and ‘our’ mean Cuddypup. Our business and contact details are in Section 20.

These Terms cover use of our website and purchases from Cuddypup. Rules about website use do not by themselves create a purchase contract. A purchase contract is formed by an offer and its acceptance under applicable law; see Section 6. Please read these Terms and the policies linked below before placing an order.

Nothing in these Terms or a linked policy excludes or restricts consumer rights that cannot lawfully be excluded or restricted. If wording conflicts with those rights, those rights apply. A separate agreement that we make with you about your purchase is not overridden by general website wording.

New website features may be subject to these Terms. Updates to these Terms and their effect on future website use and purchases are explained in Section 19. Merely continuing to browse does not change an existing purchase contract.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

You may place an order if you have legal capacity to do so, including any permission required under applicable law. These Terms do not set a separate minimum age for browsing the website.

You may not use our products or website for unlawful purposes or infringe the rights of others, including intellectual property rights.

You must not transmit viruses, malicious software or other destructive code through the website.

If you misuse the website, we may take proportionate action to protect it, as described in Sections 12 and 16. A breach does not automatically cancel an existing purchase or remove your statutory rights.

SECTION 2 - GENERAL CONDITIONS

We may restrict website access where reasonably necessary to address unlawful use, fraud or a security risk. This is not a right to refuse service unlawfully or cancel an existing purchase at will. Purchase contracts are dealt with in Section 6.

For information about personal information, see our Privacy Policy. These Terms do not ask you to accept insecure handling of personal information or waive rights under applicable data-protection law.

You may not commercially reproduce, sell or exploit website content that belongs to us without our written permission, except where applicable law allows it. This does not prevent normal use of the shop, keeping a copy of your purchase information or using material as evidence of your rights.

Headings are included for convenience and do not limit these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

General articles and historical information on the website are provided for reference. Historical information may not be current. This does not reduce our responsibility for product descriptions, prices, delivery information or other information that forms part of your purchase contract or that we must provide by law.

We may correct or update website information. Corrections and updates do not by themselves change an existing purchase contract, remove rights arising from inaccurate or misleading information, or transfer our legal information duties to you. See Section 11 for errors.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We may change prices for future offers and may add, change or discontinue website features or products offered for future purchase, subject to applicable law. Any change must respect offers that are already binding.

A website update, price change or discontinuation does not by itself change the agreed price or other terms of an existing purchase contract. Changes to that contract require your agreement or another valid legal basis. Website unavailability does not remove our obligations under existing purchases or your legal remedies.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products may be available only online or in limited quantities. Our Return Policy explains our voluntary return arrangements. Those arrangements do not replace or limit applicable statutory withdrawal rights or rights concerning faulty or nonconforming goods.

For shipping destinations, rates and delivery information, see our Shipping Policy.

We aim to show product colours and images accurately, but screens can display colours differently. This does not excuse supplying goods that do not match the agreed description or other legal conformity requirements.

We may set lawful destination and quantity limits for future purchases and discontinue future offers, while respecting any binding offer or existing purchase contract. We cannot change an existing purchase's product description, price or quantity merely by updating the website.

You are entitled to goods that meet the purchase contract and applicable statutory conformity requirements. If goods are faulty or do not conform, you may request the remedies available under applicable law, including repair or replacement without charge and, where the legal conditions are met, a price reduction or termination and refund. Contact us at hello@cuddypup.com. These Terms do not shorten any applicable statutory guarantee period or require you to rely only on a manufacturer's guarantee.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

A purchase contract is formed when an offer is accepted under applicable law. Whether an offer or acceptance has occurred depends on the relevant statements and circumstances, including the order information and communications. These Terms do not create a separate rule that acceptance occurs only at dispatch or allow us to postpone a contract that has already been formed.

Before a binding contract exists, we may decline a proposed purchase or apply lawful quantity or resale limits, subject to any binding offer and applicable law. Once a contract exists, we may change or cancel it only with your agreement or on a valid legal basis. A suspected error, stock shortage or resale concern is not an unrestricted cancellation right. If we rely on a legal basis to cancel, we will inform you and return any payment that must be repaid under applicable law. Your legal remedies remain available.

Please provide current, complete and accurate purchase and contact information and keep the details needed to complete your purchase and contact you up to date.

For return arrangements, see our Returns Policy, without prejudice to statutory withdrawal and faulty-goods rights.

SECTION 7 - OPTIONAL TOOLS

Where the website links to optional tools supplied independently by a third party, review that provider's terms before choosing to use them. We do not control independent third-party tools or promise that they will always be available or suitable for every purpose.

This does not exclude responsibility we have under applicable law for our own acts or omissions or for services that we are obliged to supply as part of your purchase. Section 13 applies. New website features do not automatically change an existing contract.

SECTION 8 - THIRD-PARTY LINKS

The website may contain links to independent third-party websites or third-party material. A link alone does not mean that we endorse or control that website or its content. Read the relevant provider's terms and policies before entering into a separate transaction with that provider.

Questions about a separate purchase from an independent seller can be directed to that seller. If you bought goods from Cuddypup, we remain your contact for your statutory rights as seller; we do not transfer that responsibility to a manufacturer or another website. Nothing here excludes our responsibility under applicable law for our own acts or omissions.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You retain your rights in comments, reviews and other material you submit. If you submit material specifically for public display on our website, you give us a non-exclusive permission to reproduce and display it only as reasonably necessary for that purpose, including technical formatting that does not change its meaning. These Terms do not give us unrestricted rights to reuse it in advertising or other media; broader use requires separate permission or another applicable legal basis.

Private customer-service messages, order details and complaints are not submissions for public display merely because you send them to us. Personal information remains subject to applicable law and our Privacy Policy. These Terms do not require payment for unsolicited ideas or a response to every comment, but do not remove legal obligations to respond to a purchase issue or exercise of your rights.

Do not submit unlawful material, malware or material that infringes others' rights, impersonate another person, or mislead others about a submission's origin. We may remove or restrict unlawful, infringing or abusive material where reasonably justified. This is not a right to distort genuine reviews or suppress lawful criticism merely because it is negative. Responsibility for submissions and for our own conduct is determined under applicable law, not by a blanket exclusion in these Terms.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

We may correct typographical errors, inaccuracies or omissions on the website, including information about prices, descriptions, delivery or availability. Correcting a webpage does not itself amend or cancel a binding purchase contract.

If an error affects an order, the parties' rights depend on applicable law and the circumstances, including whether a contract was formed and whether reliance on the information was legally justified. We may seek an agreed correction or rely on a remedy available under applicable law, but these Terms do not give us an unrestricted right to change a price or cancel an order. Statutory information duties and your remedies for inaccurate or misleading information remain unaffected.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Any restriction for misuse must be proportionate and follow Section 16. These website-use rules do not prohibit lawful criticism, the legitimate exercise of consumer rights or uses protected by mandatory law. A restriction does not by itself cancel an existing purchase contract or remove statutory rights.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not promise that the website will always be uninterrupted or free of technical errors. Website maintenance or unavailability does not remove obligations under your purchase contract, our legal duties or your statutory remedies.

Products are not supplied on an ‘as is’ basis that removes statutory conformity rights. Your rights concerning faulty or nonconforming goods, including the remedies described in Section 5, remain available under applicable law.

Our liability is determined by applicable law. These Terms do not exclude or restrict liability for death or personal injury caused by our acts or omissions, fraud, or intentional misconduct, or any other liability that cannot lawfully be excluded or restricted. Nor do they impose a general exclusion of liability for all direct or indirect loss. Whether compensation is due, and its amount, depends on applicable legal requirements, including causation and any relevant allocation of responsibility. This is not a promise that every loss is compensable or an additional unlimited commercial guarantee.

SECTION 14 - INDEMNIFICATION

These Terms do not require you to provide a general indemnity, defend Cuddypup or third parties, or automatically pay their legal fees. Each party remains responsible for its own conduct under applicable law. If unlawful conduct or a breach causes loss, any right to compensation or recovery of costs must satisfy the requirements of that law; no additional automatic payment obligation is created by this section.

SECTION 15 - SEVERABILITY

An unfair term does not bind a consumer. If a provision is invalid or unenforceable, its consequences are determined by applicable law. The rest of the contract remains in effect only if it can legally continue without that provision. This section does not automatically rewrite an unfair term into the most extensive version we could lawfully enforce or require you to accept a replacement with the same unfair effect.

SECTION 16 - TERMINATION

You may stop using the website at any time. Stopping website use or closing access does not by itself cancel a purchase contract, discharge amounts lawfully due, or remove withdrawal, guarantee, refund or compensation rights.

We may restrict website access where reasonably necessary to prevent or address unlawful use, a material breach of website-use rules or a genuine security risk. Any action must be proportionate. Where immediate restriction is reasonably necessary to prevent harm, we may act promptly; otherwise we will give any notice and opportunity to remedy required by law.

Termination or suspension of a purchase contract requires your agreement or a valid legal basis and compliance with any applicable conditions. Accrued rights and obligations continue only to the extent provided by applicable law or the nature of the obligation, not merely because the website relationship ends.

SECTION 17 - ENTIRE AGREEMENT

Not exercising a right on one occasion does not by itself mean that either party waives that right for the future.

These Terms and any policies validly incorporated into your purchase form part of the contract together with the order details, legally binding pre-contract information and any specific agreement between us. This section does not erase such information or agreements, or exclude statutory rights or remedies for misrepresentation.

Consumer terms must be clear and understandable. If there is doubt about the meaning of a consumer term, the interpretation most favourable to the consumer prevails, as required by applicable law.

SECTION 18 - GOVERNING LAW

These Terms and purchase contracts with Cuddypup are governed by the law of the Netherlands. If you are a consumer and applicable conflict-of-laws rules entitle you to protection under mandatory provisions of another country's law, including the law of your habitual residence, this choice does not deprive you of that protection. In particular, where Article 6 of the Rome I Regulation applies because we pursue or direct the relevant commercial activity to your country of habitual residence and your contract falls within that activity, the choice of Netherlands law does not remove protection under provisions of that country's law that cannot be derogated from by agreement. These Terms do not impose an exclusive court or remove any mandatory right concerning where a claim may be brought.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms on this page. We may publish an updated version for future website use and future purchases, subject to applicable law and any already binding offer.

The version applicable when your purchase contract was formed continues to govern that purchase. A later website update or your continued browsing does not amend it. Any change to an existing contract requires your agreement or another valid legal basis and compliance with applicable information and notice requirements. Mandatory consumer rights continue to apply.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@cuddypup.com.

Business name: Cuddypup
Address: Voorweg 79, 2431 AN Noorden, Netherlands
Chamber of Commerce (KVK): 70739560
VAT number (BTW): NL002477052B18