Terms of service

OVERVIEW

Welcome to Mellow Puff Shop! The terms "we", "us" and "our" refer 
to Mellow Puff Shop. Mellow Puff Shop 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"). 
Mellow Puff Shop is powered by Shopify, which enables us to 
provide the Services to you.

The below 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 and cover areas 
such as warranty disclaimers and limitations of liability.

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 Privacy Policy, 
you should not use or access our 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 country 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

All products sold by Mellow Puff Shop are made to order 
(print-on-demand). Each item is custom-printed for you only 
after you place your order.

We have made every effort to provide an accurate representation 
of our products in our online store. However, please note that 
colors or product appearance may differ from how they appear on 
your screen due to the type of device you use to access the 
store and your device settings and configuration. Minor 
variations in print color, placement, or material texture may 
also occur naturally as a result of the print-on-demand 
production process.

We do not warrant that the appearance or quality of any products 
purchased by you will be identical to what is depicted on our 
website.

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. 
Mellow Puff Shop reserves the right to accept or decline your 
order for any reason at its discretion. Your order is not 
accepted until Mellow Puff Shop confirms acceptance. We must 
receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Because 
products are made to order, Mellow Puff Shop may be unable to 
accommodate cancellation requests after an order is accepted 
and sent to production.

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.

Your purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for your own 
personal or household use 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 will be the price in 
effect at the time the order is placed and will be set out in 
your order confirmation email. Unless otherwise expressly 
stated, posted prices do not include taxes, shipping, handling, 
customs or import charges.

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.

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 payment information you 
provide is true, correct, and complete, (ii) you are duly 
authorized to use such payment method for the purchase, (iii) 
charges incurred by you will be honored by your payment 
provider, and (iv) you will pay charges incurred by you at the 
posted prices, including shipping and handling charges and all 
applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery 
times are estimates only and are not guaranteed. We are not 
responsible for delays caused by shipping carriers, customs 
processing, or events outside our control. Once we transfer 
products to the carrier, title and risk of loss passes to you.

For full details, please refer to our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, 
brands, text, displays, images, graphics, product photography, 
video, and audio, and the design, selection, and arrangement 
thereof, are owned by Mellow Puff Shop, its affiliates or 
licensors and are protected by Dutch and international 
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 of, publicly display, publicly 
perform, republish, download, store, or transmit any of the 
material on the Services without our prior written consent. 
Except as expressly provided herein, nothing in these Terms 
grants or shall be construed as granting a license or other 
rights to you under any patent, trademark, copyright, or other 
intellectual property of Mellow Puff Shop, Shopify or any third 
party. Unauthorized use of the Services may be a violation of 
intellectual property laws. All rights not expressly granted 
herein are reserved by Mellow Puff Shop.

Mellow Puff Shop's names, logos, product and service names, 
designs, and slogans are trademarks of Mellow Puff Shop or its 
affiliates or licensors. You must not use such trademarks 
without the prior written permission of Mellow Puff Shop. 
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 on the Services 
are the trademarks of their respective owners.

SECTION 7 - 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.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

Mellow Puff Shop 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 Mellow Puff Shop. 
By using the Services, you acknowledge and agree that Shopify is 
not responsible for any aspect of any sales between you and 
Mellow Puff Shop, 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 Mellow Puff Shop.

SECTION 9 - PRIVACY POLICY

All personal information we collect through the Services is 
subject to our Privacy Policy. Certain personal information may 
also be subject to Shopify's Privacy Policy. By using the 
Services, you acknowledge that you have read these privacy 
policies.

Because the Services are hosted by Shopify, Shopify collects and 
processes personal information about your access to and use of 
the Services in order to provide and improve the Services for 
you. Information you submit to the Services will be transmitted 
to and shared with Shopify as well as third parties that may be 
located in other countries than where you reside, in order to 
provide services to you.

SECTION 10 - 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.

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.

SECTION 11 - 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 12 - 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 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.

In addition, you agree not to: (a) upload or transmit viruses or 
any other type of malicious code; (b) reproduce, duplicate, 
copy, extract, sell, resell or exploit any portion of the 
Services; (c) collect or track the personal information of 
others; (d) spam, phish, pharm, or pretext the services; (e) use 
any robot, spider, scraping, data gathering and extraction 
tools, automatic devices or processes, AI tools (such as agentic 
AI) or automated or manual means to access the Services; or 
(f) interfere with, bypass, or circumvent the security or 
authorization features, robot exclusion headers, or other 
measures we employ to restrict access to the Services.

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 13 - 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 14 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made 
available solely for general information purposes. We do not 
warrant the accuracy, completeness, or usefulness of this 
information. Any reliance you place on such information is 
strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY MELLOW PUFF SHOP, THE SERVICES AND 
ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' 
AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, 
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, 
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, 
TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR 
WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, 
TIMELY, SECURE OR ERROR-FREE.

Nothing in these terms limits any rights you may have as a 
consumer under applicable mandatory consumer protection laws.

SECTION 15 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MELLOW 
PUFF SHOP, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, 
AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, 
OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY 
INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, 
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, 
INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST 
SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR 
DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), 
STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF 
THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

Our total liability to you for any claim shall not exceed the 
amount you paid for the product in question. Nothing in this 
section limits any rights you may have as a consumer under 
mandatory consumer protection laws.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mellow Puff 
Shop, 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.

SECTION 17 - 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 18 - 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.

SECTION 19 - 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 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we 
provide you Services shall be governed by and construed in 
accordance with the laws of the Netherlands. Any disputes 
arising from these Terms or your use of the Services shall be 
subject to the exclusive jurisdiction of the Dutch courts, 
without prejudice to mandatory consumer protection rights you 
may have under the laws of your country of residence.

SECTION 21 - HEADINGS

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

SECTION 22 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, in our sole discretion, to update, change, 
or replace any part of these Terms of Service by posting updates 
and changes to our website. It is your responsibility to check 
our website periodically for changes. Your continued use of or 
access to the Services following the posting of any changes to 
these Terms of Service constitutes acceptance of those changes.