Terms of service

OVERVIEW 

Welcome to PirmaPinas. "We", "us" and "our" refer to PirmaPinas, a sole proprietorship (Einzelunternehmen) operated by Kerstin Roy, Am Waldesrand 1, 03054 Cottbus, Germany (VAT ID DE364556479). 

PirmaPinas operates this store and website (the "Services") and is powered by Shopify. These Terms of Service ("Terms"), together with our Privacy Policy, Refund & Returns Policy and Legal Notice, describe your rights and responsibilities when you use the Services. By using the Services you agree to these Terms. If you do not agree, do not use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. 
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

Our products are made to order (print-on-demand). We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any 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. PirmaPinas reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until PirmaPinas confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as PirmaPinas may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. 

Returns and refunds are governed by our Refund & Returns Policy, which includes the statutory right of withdrawal for EU/EEA/UK consumers where applicable.

SECTION 4 - PRICES AND PAYMENT 

Prices are shown in the currency of your selected market and include VAT, GST, sales tax or similar taxes where applicable and where we are required to collect them. Shipping costs and any taxes, duties or fees collected by us are shown at checkout before you place your order.  
  
The price charged is the price in effect when the order is placed, as set out in your confirmation. We accept the payment methods shown at checkout. 

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Prices, discounts and promotions are subject to change without notice. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 

SECTION 5 - SHIPPING AND DELIVERY

We use fulfilment partners and fulfilment centres in multiple regions, including Europe, the United States, Canada and Australia. Where possible, orders may be fulfilled from within or near your delivery market, but we do not guarantee that every order will be fulfilled domestically.  
  
Delivery times are estimates unless we expressly state a guaranteed delivery date. We are not responsible for delays caused by carriers, customs, incorrect customer information, failed delivery attempts, unpaid import charges, or events outside our reasonable control.  
  
If an order is shipped across a customs border, you may be responsible for customs duties, import taxes, brokerage fees or similar government-imposed charges, unless these are expressly included or collected at checkout. Refusal or failure to pay such charges may result in delay, return, abandonment or additional costs. Any refund in that situation will be handled under our Refund & Returns Policy and applicable law.  
  
If we become unable to ship within the stated timeframe, or where no timeframe is stated within the period required by applicable law, we will contact you and provide any cancellation, refund, or other remedy required by applicable law.  
  
For consumers, risk of loss passes to you on delivery in accordance with applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and all content available through them, including but not limited to trademarks, brand names, logos, text, images, graphics, designs, product pages, displays, video, audio, software elements, and the design, selection and arrangement of such content, are owned by PirmaPinas or its licensors and are protected by German, EU, U.S. and international copyright, trademark and other intellectual-property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, scrape, copy or otherwise use any material from the Services without our prior written consent, except as necessary for normal personal use of the Services.

Except as expressly stated in these Terms, nothing grants you any licence or other right in or to any patent, copyright, trademark, trade name, logo, design, product content, software element or other intellectual property of PirmaPinas, Shopify or any third party. All rights not expressly granted are reserved.

“PirmaPinas”, our logos, product names, service names, designs and slogans are trademarks or trade identifiers of PirmaPinas or its licensors. You must not use them without our prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the property of their respective owners.

Customer reviews, ratings, comments or other user-submitted content may be owned by the person who submits them. By submitting such content to the Services, you grant us the right to use, display, reproduce, publish, translate, adapt and otherwise make that content available in connection with the Services, our products and our marketing, to the extent permitted by applicable law.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

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 functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

PirmaPinas is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with PirmaPinas. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and PirmaPinas, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with PirmaPinas. 

SECTION 10 - PRIVACY POLICY

All personal data we collect is subject to our Privacy Policy (and, for German-language visitors, our Datenschutzerklärung). Because the Services are hosted by Shopify, certain data is processed by Shopify and subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read both privacy policies.

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 license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (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 upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm PirmaPinas, Shopify or users of the Services, or expose them to liability. 
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - CONSUMER RIGHTS

Nothing in these Terms limits rights that cannot legally be excluded, restricted or modified under applicable consumer-protection law.  
  
Except where mandatory law gives you a non-excludable right or remedy, all purchases, returns, refunds, cancellations, warranties and remedies are subject to these Terms and to our Refund & Returns Policy.  

• For consumers in the EU / EEA / UK, mandatory rights may include the right of withdrawal and statutory warranty/conformity rights.
• For consumers in Australia, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law.
• For consumers in Canada, nothing in these Terms limits non-excludable rights under applicable federal, provincial or territorial consumer-protection laws.
• For consumers in the United States, nothing in these Terms limits non-excludable rights under applicable federal or state consumer-protection laws.

SECTION 15 - WARRANTY & LIABILITY

Statutory warranty and mandatory consumer rights apply where required by law.  
  
To the maximum extent permitted by applicable law, the Services and products are provided without warranties or conditions beyond those expressly stated by us or required by law. We are not liable for indirect, incidental, special, consequential or punitive loss, loss of profit, loss of revenue, loss of data, or business interruption.  
  
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for death or personal injury, intent, gross negligence, product-liability obligations, fraud, or mandatory consumer-protection rights.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. 
The following sections will continue to apply following any 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 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PirmaPinas, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (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 claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service 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 site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any 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 delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

We are not willing or obliged to participate in dispute-resolution proceedings before a consumer arbitration board.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update these Terms from time to time. The version posted on this page at the time you place an order applies to that order. Updated Terms apply only to future orders and future use of the Services, unless applicable law requires otherwise. We will notify you of material changes where required by law.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at legal [at] pirmapinas.com
Our contact information is posted below:
PirmaPinas, represented by Kerstin Roy · Am Waldesrand 1, 03054 Cottbus, Germany
VAT ID DE364556479