Terms of service

OVERVIEW

Welcome to Toastypup! The terms "we", "us" and "our" refer to Toastypup. Toastypup operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Toastypup is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights.

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

We sell to customers in several countries. Nothing in these Terms excludes or limits the mandatory rights that the consumer protection law of your country of residence gives you. If there is any conflict between these Terms and that law, the law always prevails.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years old or the age of majority in your country of residence, and that you have given consent for any minor in your care to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products 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 the information you provide is correct, current and complete, and that you have all the rights necessary to provide it.

You are responsible for keeping your account credentials secure and for all activity on 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 accurately in our online store. However, please note that colours or the appearance of a product may differ slightly from how they appear on your screen, depending on your device and its settings.

Please choose your dog's size using the size guide on the product page. If your dog is between two sizes, we recommend the larger one.

Product descriptions may change at any time. We reserve the right to stop selling any product and to limit the quantities we offer to any person, geographic region or jurisdiction.

None of this affects the legal guarantee of conformity you are entitled to under the law of your country of residence, or your right to receive a product that matches its description in the store.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Toastypup reserves the right to accept or decline your order for a valid reason. Your order is not accepted until Toastypup confirms acceptance. We must receive and process your payment before accepting your order.

Please review your order carefully before completing your purchase, as Toastypup may not be able to process a cancellation request once your order has been accepted. This does not affect your 14-day right of withdrawal described in our Returns & Refunds Policy.

If we decline, modify or cancel an order, we will notify you using the email address or phone number you provided, and we will refund in full any amount charged.

Returns and exchanges are governed by our Returns & Refunds Policy.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change. The price that applies to a product is the one in force when you place your order, and it will appear in the order confirmation we send you by email.

All prices shown in the store are final prices. Shipping is free, and any taxes and import charges are included. You will never be charged any amount that was not clearly shown to you before you completed your order.

Prices published in our online store may differ from those offered through other channels or by third parties. From time to time we may offer promotions with their own terms and conditions; if there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase and payment information, and to keep it up to date so that we can complete your transaction and contact you.

You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorised to use the payment method used, and (iii) you will pay the amounts corresponding to the published prices.

SECTION 5 — SHIPPING AND DELIVERY

The delivery times shown in the store are estimates based on our experience with our usual carriers. Full details are in our Shipping Policy.

We carry the risk of loss of or damage to the product until you, or a third party you have designated, take physical possession of it. If the parcel is lost or arrives damaged, that is our responsibility and we will resolve it at no cost to you.

If we do not deliver the product within the agreed time, you may ask us to deliver it within an additional period appropriate to the circumstances. If we still do not deliver within that additional period, you are entitled to cancel the contract and receive a full refund of the amounts paid.

We are not responsible for delays caused by force majeure or by incorrect or incomplete delivery information provided by you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including without limitation trademarks, text, images, graphics, videos and audio, as well as their design, selection and arrangement, are owned by Toastypup, its affiliates or licensors, and are protected by national and international intellectual property laws.

These Terms allow you to use the Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, store or transmit any material from the Services without our prior written consent.

The Toastypup name, logo, product names, designs and slogans are distinctive signs of Toastypup. You must not use them without our prior written permission. The Shopify name and logo are trademarks of Shopify. All other names, logos and trademarks appearing in the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be given access to third-party tools that we neither monitor nor control.

You acknowledge that we provide access to such tools "as is" and "as available", without any warranties or endorsement on our part. Your use of them is at your own risk, and you should familiarise yourself with the terms under which the third party provides them.

We may offer new features in the future; these will also be considered part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy. If you choose to leave our Services to access them, you do so at your own risk.

Please review the third party's policies before making any transaction with them. Complaints about third-party products or services should be directed to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Toastypup is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase you make in our store is made directly with Toastypup. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Toastypup. This is without prejudice to the responsibilities that applicable law assigns to each party.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy, which has been prepared in line with Regulation (EU) 2016/679 (GDPR), the UK GDPR and Spanish Organic Law 3/2018.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. The information you submit may be transferred to Shopify and to third parties that may be located outside the European Economic Area, always with the safeguards required by the GDPR. Please see our Privacy Policy for more details, and to exercise your rights of access, rectification, erasure, objection, restriction and portability.

SECTION 11 — FEEDBACK AND REVIEWS

If you send us ideas, suggestions, comments, reviews or any other content ("Feedback"), you grant us a free, worldwide, non-exclusive licence to use, reproduce, publish and display it in connection with the Services.

You represent and warrant that: (i) you own the necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission; and (iii) the Feedback complies with these Terms.

We may, but are not obliged to, moderate or remove Feedback that is unlawful, offensive, threatening, defamatory, obscene or that infringes the rights of third parties.

We only publish reviews from people who have bought or used the product. We do not publish or commission fake reviews, and we do not hide genuine negative reviews.

You agree not to use a false identity or mislead anyone about the origin of any Feedback. You are solely responsible for the Feedback you submit and for its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors or inaccuracies relating to descriptions, prices, promotions, shipping costs, delivery times or availability.

We reserve the right to correct such errors and to update the information. If an error affects an order you have already placed, we will tell you as soon as possible and you can choose to keep the order with the corrected information or cancel it for a full refund.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not, directly or indirectly, use them: (a) for any unlawful or malicious purpose; (b) to breach any applicable rule or law; (c) to infringe our intellectual property rights or those of third parties; (d) to harass, abuse, defame or harm any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or chain messages; (g) to impersonate another person or entity; or (h) for any conduct that restricts other people's use of the Services.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, copy, scrape, resell or exploit any part of the Services; (c) collect personal information about third parties; (d) engage in spam, phishing or pharming; (e) use robots, scrapers, data extraction tools or other automated means to access the Services; or (f) circumvent any security measures we use.

We may suspend or terminate your access if we determine that you have breached any part of these Terms, and we will tell you why.

SECTION 14 — AGENTS

14.1 This section applies if you use, allow or cause an Agent to be deployed to access or interact with the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the instruction of, a person or entity, without direct supervision.

14.2 No Agent may access or interact with the Services unless it identifies itself and operates in accordance with the requirements of section 14.4. Nor may it do so if we have asked it to refrain.

14.3 We may restrict, including by technical means, any Agent's access to and interaction with the Services.

14.4 Agents must: (i) identify in every HTTP/HTTPS request that it comes from an Agent, disclosing its name in the user-agent field as "Agent/agent-name"; (ii) not hide or cause confusion about their automated nature, either by imitating human behaviour or by circumventing CAPTCHAs; (iii) answer truthfully any query intended to determine whether an interaction comes from a human; and (iv) not circumvent measures intended to control Agent access.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services for a valid reason and with prior notice, and you will remain liable for any amounts owed up to the date of termination.

The following sections will continue to apply after termination: Intellectual Property, Feedback and Reviews, Termination, Legal Guarantee and Liability, Indemnification, Severability, Waiver, Assignment, Governing Law, Privacy Policy, and any others that by their nature should survive.

SECTION 16 — INFORMATION IN THE SERVICES

General information published in the Services (guides, usage tips, blog content) is provided for general information purposes only and is not a substitute for the advice of a veterinarian. Any decision about your pet's health or wellbeing should be discussed with a veterinarian.

This provision refers only to informational content and in no way affects the conformity of the products we sell you, which is governed by the legal guarantee described in Section 17.

SECTION 17 — LEGAL GUARANTEE AND LIABILITY

As a consumer, you are entitled to the legal guarantee of conformity provided by the law of your country of residence. If you buy from the European Union, this guarantee lasts at least 2 years from delivery of the product (3 years in Spain). If you buy from the United Kingdom, your rights under the Consumer Rights Act 2015 apply. If you buy from Australia or New Zealand, the guarantees under the Australian Consumer Law or the Consumer Guarantees Act 1993 apply. In any case, and regardless of your country, we are responsible for any manufacturing defect during the first 2 years.

If the product does not conform, you are entitled to have it repaired or replaced and, where that is not possible or would be disproportionate, to a price reduction or to cancel the contract.

We will be liable to you for any loss or damage arising from a breach of our obligations under applicable law. We do not exclude or limit our liability in cases of fraud, gross negligence, personal injury, or in any other case where the law does not allow such exclusion.

To the extent permitted by law, we will not be liable for indirect loss or loss of profit that was not foreseeable when the contract was entered into.

SECTION 18 — INDEMNIFICATION

You agree to indemnify Toastypup, Shopify and their respective affiliates against third-party claims arising directly from (1) your intentional or grossly negligent breach of these Terms, (2) your breach of the law or of the rights of third parties, or (3) any use of the Services contrary to Section 13.

We will notify you of any such claim and cooperate reasonably in its defence. We will not agree to any settlement that imposes obligations on you without your consent.

This clause does not apply to your normal and diligent use of the Services as a consumer.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law and the unenforceable part will be deemed severed, without affecting the validity of the remaining provisions.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise any right set out in these Terms will not constitute a waiver of that right.

These Terms, together with the policies published on this site, constitute the entire agreement between you and us regarding your use of the Services.

Any ambiguity in the interpretation of these Terms will be resolved in the way most favourable to the consumer.

SECTION 21 — ASSIGNMENT

You may not assign this agreement or your rights or obligations under it without our prior written consent. We may assign these Terms as part of a restructuring or transfer of our business, provided this does not reduce the guarantees you are entitled to; in that case we will tell you in advance.

SECTION 22 — GOVERNING LAW AND JURISDICTION

These Terms are governed by Spanish law, where the owner of the store is based.

However, as a consumer you will always benefit from the mandatory consumer protection provisions of your country of habitual residence, and you may bring any claim before the courts of your own place of residence.

Before going to court, we'd appreciate it if you emailed us at toastypupinfo@gmail.com so we can try to resolve the matter directly.

SECTION 23 — HEADINGS

Headings are included for convenience only and do not limit or affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We may update or change these Terms by posting the changes on our website. We will notify you of any material change as required by applicable law, and such changes will take effect on the date stated in the notice. Changes will not apply retroactively to orders already placed, which will be governed by the Terms in force at the time of purchase.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to toastypupinfo@gmail.com.

Our contact information is below:

Toastypup · www.toastypup.shop · toastypupinfo@gmail.com