Terms of service

OVERVIEW

Welcome to Pink Daisy! The terms “we,” “us,” and “our” refer to Pink Daisy. Pink Daisy operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Pink Daisy 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 and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you may not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you confirm that you are of legal age in the state or region in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.

To use the Services, including accessing or browsing our online stores or purchasing products or Services offered by us, you may be required to provide certain information, such as your email address and 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 are fully authorized to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under 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 and Services as accurately as possible in our online stores. However, we cannot guarantee that the colors or appearance of products displayed on your screen will be accurate, as they may vary depending on your device and its 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 match the representations in our online stores.

All product descriptions 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 to limit quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you submit an offer to purchase. Pink Daisy reserves the right to accept or reject your order at its sole discretion and for any reason. Your order is not considered accepted until it has been confirmed by Pink Daisy. Acceptance of your order is subject to receipt and processing of your payment.

Please review your order carefully before submitting it, as Pink Daisy may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of the order.

Returns or exchanges of purchases are governed exclusively by our Right of Withdrawal Policy [LINK].

You represent and warrant that your purchases are for your personal or household use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or Service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import fees.

Prices listed in our online stores may differ from prices in physical retail stores or other online or third-party stores. From time to time, we may offer promotions that affect pricing and are subject to separate terms. In the event of any conflict between promotional terms and these Terms, the promotional 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 information, including your email address and credit card details, so that we can complete transactions and contact you if needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card; (iii) charges incurred will be honored by your credit card issuer; and (iv) you will pay all charges incurred at the prices in effect, including shipping, handling, and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs clearance, or events beyond our control. Once products are handed over to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are owned by Pink Daisy, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.

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

Nothing in these Terms grants you any license or rights to patents, trademarks, copyrights, or other intellectual property of Pink Daisy, Shopify, or any third party. Unauthorized use of the Services may violate applicable laws. All rights not expressly granted are reserved by Pink Daisy.

Pink Daisy names, logos, product and service names, designs, and slogans are trademarks of Pink Daisy or its affiliates or licensors. Shopify names and logos are trademarks of Shopify. All other trademarks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services that we do not monitor or control. Such tools are provided “as is” and “as available,” without warranties or conditions of any kind. We assume no liability arising from your use of optional third-party tools.

Your use of these tools is entirely at your own risk and discretion, and you are responsible for reviewing and agreeing to the terms provided by the respective third parties.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites or content. We are not responsible for examining or evaluating the content or accuracy of third-party materials. Accessing third-party websites is at your own risk.

We are not liable for any damages or losses related to the purchase or use of products, Services, or content from third-party websites. Any complaints or claims should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Pink Daisy is powered by Shopify, enabling us to provide the Services. All sales are made directly between you and Pink Daisy. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Pink Daisy.

You expressly release Shopify and its affiliates from all liability arising from your purchases or transactions with Pink Daisy.

SECTION 10 – PRIVACY POLICY

All personal data collected through the Services is subject to our Privacy Policy [LINK]. Certain data may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read these policies.

Shopify processes personal data to provide and improve the Services. Data may be transferred to third parties and countries outside your place of residence. Further details are available in our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

If you submit feedback, you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such feedback for any purpose, including commercial use.

You represent that you own or have rights to the feedback and that it complies with these Terms. We are not obligated to keep feedback confidential, compensate you, or respond to it.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information in the Services may contain typographical errors or inaccuracies. We reserve the right to correct errors, update information, or cancel orders at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. Prohibited uses include violations of laws, intellectual property rights, harassment, fraud, spamming, malware transmission, or interference with security features. We reserve the right to terminate accounts for violations.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. Obligations incurred prior to termination remain in effect. Certain sections shall survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available,” without warranties of any kind, either express or implied. Some jurisdictions do not allow certain disclaimers, so these limitations may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Pink Daisy, Shopify, and their affiliates shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Pink Daisy, Shopify, and their affiliates from any claims arising from your breach of these Terms or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right shall not constitute a waiver. These Terms constitute the entire agreement between you and us.

SECTION 20 – ASSIGNMENT

You may not assign these Terms without our written consent. We may assign them without restriction.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws and courts of the country in which Pink Daisy has its principal place of business.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

We may update these Terms at any time by posting changes on our website. Continued use of the Services constitutes acceptance of the changes.

SECTION 24 – CONTACT INFORMATION

For questions regarding these Terms, please contact:
office@pinkdaisy-munich.com

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