Terms and Conditions
These terms and conditions (the "Agreement") apply between you ("you") and PawCreate® (company name PawCreate LLC), who provide customized artworks (the "Products") to consumers ("us", "we"), when using www.pawcreate.com (the "Website") and the services available on that Website (the "Services").
When using the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, you do not have the right to use the Services.
You agree that you are a consumer (i.e. a private person and not a legal entity)
You further agree that you are legally permitted to use the Services and that you take full responsibility for the selection and use of the Services.
Copyrights and trademarks
The Website, Products and Services provided contains content such as copyright material, brand names and other trademarks that are protected by law and owned by us or a third party.
The use of any material available or provided by us (including, but not limited to, reproduction, modification, distribution, republication, display or communication of any kind) is strictly prohibited without the prior written consent by us.
The Website contains links to third party sites. We are not responsible for the operation, security levels, content or any other aspect of any third-party sites. Links are provided solely for your convenience and do not indicate our endorsement of any third-party sites or the products or services provided, advertised or otherwise mentioned on those sites.
Prices and terms of payment
The prices are stated on the Website and include standard shipping fees. If you would like to choose any other shipping method not mentioned on the Website, such a method needs to be separately agreed with. If so, you are responsible for any extra costs which then may occur.
VAT is included in the Product price for EU countries but is not included in non-EU countries. You are responsible for any additional costs, applicable tax or custom duties which may apply in your jurisdiction due to the use of our Services.
By placing an order through the Website, you confirm that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment.
You can choose to pay for the Services in the manner specified on the Website. We reserve the right to claim payment already in connection with the order and to change payment method if the selected payment method does not work, for whichever reasons, at the time of fulfillment of the order. Please note that we are not responsible for the payment method available, since such methods are provided by third parties.
We provide gift cards which may be used as payment method within one (1) year from the date of issue. After the expiration date, the card cannot be used as a method of payment, cannot be reactivated, and any remaining balance cannot be refunded. Your gift card should be kept in a secure place and cannot be redeemed for cash. Lost or stolen certificates will not be replaced.
Order confirmation and shipping details
Once an order has been confirmed and paid by you, you will receive an order confirmation by us to the e-mail address provided. If no confirmation from us has been sent, no purchase has been made.
Upon confirmation, we will process the order and provide you with the purchased Product(-s) as soon as possible. Please note however that we make no guarantees on the exact delivery time but will make sure to work as hard as possible to make sure that delivery is being made within reasonable time. We will also do our best to inform you of any known delays if possible.
Please note that we take no responsibilities of any delays or missing products due to any wrongful information provided by you, such as full name, delivery address, e-mail and phone number.
We shall under no circumstances be held liable or be responsible for any direct or indirect losses, extra costs or expenditures occurred due to your specific circumstances, for example as a consequence of any delivery which has not been retrieved by you in due time.
Cancellations and refunds
Due to the nature of our customized Products we cannot provide any modifications or cancellations once an order is placed.
If you would like to make any changes to the information provided to us, please contact us as soon as possible and we will do our best to make such necessary amendments needed prior to shipping the Product(-s). Please note however that there are no guarantees that such amendments can be made in due time, hence the delivery information provided by you in connection with the placement of an order will apply if not otherwise agreed by us in writing.
You have the right to claim refund or replacement if a Product has been damaged, is missing or is subject to a print error which is not a result of your own actions. If so, please contact our support on email@example.com. We will normally investigate the right to obtain such a refund or replacement within 14 working days upon us receiving such a claim.
We reserve the right to modify this Agreement, fees, and other terms or policies available on the Website at our sole discretion at any time. You shall be responsible for reviewing and becoming familiar with any such modifications in connection with the use of the Services. Your use of the Services constitutes an acceptance of such changes made.
Limitation of use
Any violation of this Agreement, or any other provision or policy provided by us, may limit, prohibit, suspend or terminate your use of our Services. We may also delay or remove any content and also take any technical steps to limit your use of the Website, including any legal actions if found necessary.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Limitation of liability
We shall have no liability in case there are any image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies). We are entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a Product ordered by you, you will be notified accordingly and we will await your prior approval of such a change before processing the order.
All images on the Website shall considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance, function or origin of the Product.
We are not responsible for any information by third parties provided for on the Website.
Law and jurisdictionIf a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
This Agreement shall under no circumstances create or be seen as an agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall no longer form part of this Agreement and the remaining provisions shall be enforced.
In our sole discretion, we reserve the right to assign this Agreement.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.