Terms of service

Terms of Service

OVERVIEW

Welcome to BearDaddy & Co! The terms “we”, “us” and “our” refer to BearDaddy & Co. BearDaddy & Co 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”). BearDaddy & Co is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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 state, province or country of residence, or that you have the legal capacity necessary to enter into these Terms.

To use the Services, including accessing or browsing our online store 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 information you provide through our store 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 activity associated with your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colours, print appearance, garment colour, print positioning or product appearance may vary slightly from how they appear on your screen due to differences in devices, screens, manufacturing and printing processes.

We do not guarantee that the appearance of a product will be identical in every respect to photographs, mock-ups or digital representations shown in our store.

Reasonable variations in colour, print placement and appearance arising from the production process do not necessarily constitute a defect.

All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.

Nothing in this section affects any mandatory consumer rights that apply to defective, non-conforming or incorrectly supplied goods.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

BearDaddy & Co reserves the right to accept or decline an order where permitted by law, including in cases of suspected fraud, pricing or availability errors, payment failure or inability to fulfil the order.

Your order is not accepted until BearDaddy & Co confirms acceptance and the applicable payment has been successfully processed.

Please review your order carefully before submitting it. Cancellation rights and requests are handled in accordance with our Return and Refund Policy and any mandatory consumer rights that apply.

If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.

Your purchases are subject to returns, refunds and exchanges solely in accordance with our Return and Refund Policy and any mandatory consumer rights that apply.

You represent that purchases made through the Services are for lawful purposes and are not intended for unauthorised commercial resale.

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 when the order is placed and will be shown in your order confirmation.

Taxes may be included in displayed prices or calculated according to the customer’s location and applicable tax requirements.

Free standard shipping is available to eligible destinations as described in our Shipping Policy. Any additional shipping charges that apply will be shown at checkout before payment.

Orders shipped across customs borders may be subject to customs duties, import taxes or carrier handling fees. Where these charges are not collected by us at checkout, they may be payable by the recipient.

Prices shown in our online store may differ from prices offered through other stores, sales channels or third parties.

We may from time to time offer promotions, discounts or other special offers. Additional terms applicable to a promotion will govern that promotion where they conflict with these Terms.

You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store.

You agree to promptly update your information, including your email address and payment information, so that we can complete transactions and contact you when necessary.

You represent that you are authorised to use the payment method supplied and that the information provided is accurate.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times shown on our website or at checkout are estimates and are not guaranteed.

We are not responsible for delays caused by carriers, customs processing, severe weather, strikes, transportation disruption or other events reasonably outside our control.

This does not affect any mandatory rights you may have if an order is not delivered within a legally required or agreed period.

Risk of loss or damage passes to you when you, or a person designated by you other than the carrier, receives the goods, except where applicable law provides otherwise or where you independently arrange a carrier that we did not offer.

Further information is available in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product designs, characters, illustrations, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by BearDaddy & Co, its affiliates or licensors and are protected by applicable 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 or transmit material from the Services without our prior written consent, except where permitted by law.

Nothing in these Terms grants you a licence or other right in any trademark, copyright, design or other intellectual property belonging to BearDaddy & Co, Shopify or a third party.

BearDaddy & Co names, logos, product names, designs, characters and slogans are trademarks, copyrighted works or other intellectual property of BearDaddy & Co or its licensors, as applicable.

You may not use them without our prior written permission.

Shopify’s name, logo, product names, service names, designs and slogans are trademarks of Shopify. Other names, logos, products and brands appearing through the Services may be trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools or functionality offered by third parties as part of the Services that we do not control.

Access to such third-party tools may be provided “as is” and “as available”, subject to applicable law.

Any use of optional third-party tools is at your discretion and may also be subject to the terms and privacy policies of the relevant third-party provider.

We may in the future offer new features through the Services, including new tools and resources. Such features will also form part of the Services and will be subject to these Terms unless otherwise stated.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites or online platforms operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, privacy practices or security of third-party websites that you choose to access.

If you leave the Services to access a third-party website, you should review that third party’s terms, policies and practices.

Complaints, claims, concerns or questions regarding products or services supplied directly by a third party should be directed to that third party.

Nothing in this section limits liability where such limitation is prohibited by applicable law.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

BearDaddy & Co is powered by Shopify, which enables us to provide the Services.

However, purchases made from our store are made directly from BearDaddy & Co.

Shopify provides the ecommerce platform and related services but is not the seller of the BearDaddy & Co products you purchase from us.

To the extent permitted by applicable law, Shopify is not responsible for the performance of our obligations as the seller of those products.

Nothing in this section affects rights or remedies that cannot legally be excluded or limited.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with the Shopify Consumer Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain information about your access to and use of the Services in order to operate, secure and improve the platform.

Information submitted through the Services may be shared with Shopify and with service providers involved in operating our store, processing payments, fulfilling orders, shipping products and providing other necessary services.

For more information, please review our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content to us (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, distribute and display such Feedback for purposes connected with operating, improving and promoting the Services, subject to applicable law.

You represent that you own or have the rights necessary to provide the Feedback and that it does not violate the rights of another person.

Where you received compensation or another incentive for providing Feedback, you must disclose this where required by applicable law.

We may monitor, edit or remove Feedback that we reasonably determine to be unlawful, defamatory, obscene, infringing, fraudulent, abusive or otherwise inappropriate.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, stock availability or other information.

Where permitted by law, we reserve the right to correct errors, inaccuracies or omissions and to update information.

If an error affects an order you have already placed, we will handle the order in accordance with applicable consumer law and will notify you where appropriate.

Nothing in this section permits us to disregard a binding consumer contract where applicable law does not allow us to do so.

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:

  • for an unlawful or malicious purpose;
  • to violate applicable laws or regulations;
  • to infringe our intellectual property rights or those of another person;
  • to harass, abuse, threaten, defame or unlawfully harm another person;
  • to submit knowingly false or misleading information;
  • to transmit malware, viruses or harmful code;
  • to send spam or other unauthorised promotional material;
  • to impersonate another person or entity;
  • to collect or track personal information unlawfully;
  • to interfere with or circumvent security features of the Services; or
  • to use automated tools to scrape or access the Services in a manner prohibited by law or these Terms.

We may suspend or terminate access to the Services if we reasonably determine that you have materially violated these Terms, subject to applicable law.

SECTION 14 - TERMINATION

We may suspend or terminate access to the Services where permitted by law, including where you materially violate these Terms or use the Services unlawfully.

You remain responsible for amounts lawfully due up to the date of termination.

Provisions that by their nature should continue following termination will remain in effect, including those relating to intellectual property, privacy, liability, governing law and obligations already incurred.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes.

We make reasonable efforts to ensure that information is accurate, but we do not guarantee that all information will always be complete, current or error-free.

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure or error-free.

Any exclusions or limitations of warranties in these Terms apply only to the extent permitted by law.

Nothing in this section excludes, restricts or affects any statutory consumer rights or legal guarantees that cannot be excluded under applicable law.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, BearDaddy & Co and its service providers will not be liable for indirect, incidental, special or consequential losses arising solely from the use of the Services where such liability may lawfully be excluded or limited.

This limitation does not apply where liability cannot legally be excluded or limited.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence where applicable, or any mandatory consumer rights.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold BearDaddy & Co harmless from third-party claims, losses or liabilities arising directly from:

  1. your material breach of these Terms;
  2. your unlawful use of the Services; or
  3. your infringement of another person’s rights.

This provision will not apply to the extent that a claim results from our own unlawful conduct, negligence or breach of applicable obligations.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law and, where necessary, severed from these Terms.

The remaining provisions will continue in effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and other terms referenced in them, constitute the agreement between you and us relating to your use of the Services and your purchases from us, subject to any mandatory rights arising under applicable law.

Nothing in this section excludes representations or rights that cannot legally be excluded.

SECTION 20 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law permits otherwise.

We may assign or transfer our rights or obligations in connection with a transfer, restructuring or sale of our business, provided that doing so does not reduce any mandatory consumer rights that apply to you.

SECTION 21 - GOVERNING LAW

These Terms and any separate agreements through which we provide the Services are governed by the laws of Spain.

If you are a consumer, this choice of law does not deprive you of any mandatory consumer protections provided by the laws of your country of residence that cannot be excluded by agreement.

Any dispute will be subject to the jurisdiction provided by applicable law.

SECTION 22 - HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning of the provisions.

SECTION 23 - CHANGES TO TERMS OF SERVICE

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

We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.

Where required by law, we will provide notice of material changes.

Changes will not retroactively reduce mandatory consumer rights relating to orders already concluded before the change.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

BearDaddy & Co
Email: beardaddyco@gmail.com
Telephone: +34 691 22 04 58
Address: Calle Santos Arcángeles 6, bajo C, 29620 Torremolinos, Málaga, Spain