Terms of service

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

The terms set forth below, along with all policies referenced here (the "Terms of Use" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and liability limitations.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Use, you declare that you are of legal age in the country or province where you reside and have given us your consent to allow 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 the products or services we offer, we may ask you to provide certain information, such as your email address, billing, payment, and shipping information. You declare and guarantee that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are fully responsible for maintaining the security of your account credentials and for all activity in your account. You may not transfer, sell, reassign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to ensure the accurate representation of our products and services in our online stores. However, please note that the colors or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device's settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as depicted or provided 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 the production of any product at any time and may limit the quantities of products 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. Plushen reserves the right to accept or reject your order for any reason at its discretion. Your order is not accepted until Plushen confirms acceptance. We must receive and process your payment before your order is accepted. Review your order carefully before submitting it, as Plushen may not be able to process cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you at the email address, billing address, and/or phone number provided when placing the order. 
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You declare and guarantee that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND INVOICING  
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price valid at the time of order submission and will be indicated in the order confirmation email. Unless explicitly stated otherwise, the listed prices do not include taxes, shipping, handling, customs, or import fees.  
Prices published in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may periodically offer promotions on the Services, which may affect pricing and are governed by terms separate from these General Terms. In case of a conflict between the terms of a promotion and these Terms, the promotion 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, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.  
You declare and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are duly authorized to use the credit card for the purchase, (iii) the charges you make will be honored by the credit card company, and (iv) you will pay the charges you incur at the published prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY  
We are not responsible for delays in shipping and delivery. All delivery times are approximate and not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY  
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection, and arrangement, are the property of Plushen, its partners, or licensors and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.  
These Terms permit you to use the Services only for personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any of the materials in the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you any license or rights under any patent, trademark, copyright, or other intellectual property of Plushen, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Plushen.  
Plushen names, logos, product and service names, designs, and slogans are trademarks of Plushen or its partners or licensors. You must not use such trademarks without the prior written permission of Plushen. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners. 

SECTION 7 – ADDITIONAL TOOLS  
As part of the Services, you may be granted access to customer tools offered by third parties, which we neither monitor, control, nor utilize.  
You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for any issues arising from or related to your use of third-party additional tools.  
Any use by you of the additional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party provider(s).  
In the future, we may offer new features through the Services (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms of Use.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or managed by third parties (including any embedded third-party functionality). We are not responsible for verifying or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We are not liable for any damages or losses related to your access to third-party websites, or to your purchase or use of any products, services, resources, or content from third-party websites. Carefully review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately characterizes Shopify’s relationship with your store and should not be removed or altered.]
Plushen is managed by Shopify, which allows us to provide you with the Services. However, all sales and purchases you make in our store are conducted directly with Plushen. By using the Services, you accept and agree that Shopify is not responsible for any aspect of the sales between you and Plushen, including any injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its partners from all claims, damages, and liabilities arising from or related to your purchases and transactions with Plushen.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. The information you provide to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than yours, for the purpose of providing services. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as “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 commercial use. For example, we may use our rights under this license to manage, provide, evaluate, improve, enhance, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also declare and warrant that: (i) you own or have all necessary rights to the entire Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be obligated (1) to maintain the confidentiality of your feedback; (2) to compensate you for your feedback; or (3) to respond to your feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property or these Terms of Use.
You agree that your feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will it contain computer viruses or other malicious software 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 else, or otherwise mislead us or third parties regarding the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no liability and accept no obligation 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 contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, delivery 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 only for lawful purposes. You are not permitted to access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate international, federal, provincial, state, or local regulations, rules, laws, or 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 discriminate against any of our employees or another person; (e) to submit false or misleading information; (f) to upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (g) to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (h) to delete the copyright or other proprietary rights notice from any content; (i) to attempt to impersonate another user or person or use the username of another user; (j) to upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (k) to interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (l) to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you; (m) to attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services; (n) to copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (o) except as permitted by applicable law, to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services; (p) except as may be the result of standard search engine or Internet browser usage, to use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or to use or launch any unauthorized script or other software; (q) to make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (r) to use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; (s) to sell or otherwise transfer your profile; (t) to use the Services to advertise or offer to sell goods and services; (u) to use the Services to solicit others to perform or participate in any unlawful acts; (v) to violate any applicable laws or regulations; (w) to use the Services to engage in any obscene or immoral purpose; (x) to use the Services to infringe upon the intellectual property rights or other proprietary rights of any third party; (y) to use the Services to harass, abuse, or harm another person; (z) to use the Services to submit false or misleading information; (aa) to use the Services to 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; (bb) to collect or track the personal information of others; (cc) to spam, phish, pharm, pretext, spider, crawl, or scrape; (dd) to interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (ee) to use the Services for any purpose that is unlawful or prohibited by these Terms; (ff) to use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services; (gg) to use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (hh) to use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent; (ii) to use any device, software, or routine that interferes with the proper working of the Services; (jj) to introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (kk) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services; (ll) to attack the Services via a denial-of-service attack or a distributed denial-of-service attack; (mm) to take any action that may damage or falsify our rating; (nn) to otherwise attempt to interfere with the proper working of the Services; (oo) to use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (pp) to use the Services to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (qq) to use the Services to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (rr) to impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (ss) 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 us or users of the Services or expose them to liability.
Additionally, 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) use spam, phishing, farming, pretexting, spidering, crawling, or scraping; 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 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at 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 survive 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 15 – DISCLAIMER
The information presented in or through the Services is provided solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk. We disclaim any liability arising from reliance on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents. UNLESS OTHERWISE EXPRESSLY STATED BY Plushen, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, ENDORSE, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Plushen, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS PARTNERS, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM THE USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO THE USE OF THE SERVICES OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Plushen, Shopify, as well as our related entities, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, due to or arising from (1) your breach of these Terms of Use 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 claim subject to indemnification, provided that failure to 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 the selection of counsel, but will not settle any claims requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of claims subject to indemnification, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms. This determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms and all policies or operating rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern 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).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not delegate, assign, or subcontract this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may assign, subcontract, or delegate these Terms and our rights and obligations without your consent or without notifying you.

SECTION 21 – GOVERNING LAW
These Terms and all separate agreements through which we provide you with Services are governed and interpreted in accordance with the federal and state or territorial courts in the jurisdiction where Plushen is headquartered. You and Plushen agree to the venue and personal jurisdiction in such courts.

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 USE
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and these changes will become effective on the date specified in the notice. Continued use of or access to the Services after the posting of changes to these Terms of Use constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms should be sent to us at info@plushen.bg.
Our contact information is published below:
Plushen.bg
info@plushen.bg
1324 Sofia