Terms of service

OVERVIEW

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

These 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 our Privacy Policy, you should not use or access 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, or that you are the age of majority in your state or province of residence and have given 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 store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We have made every reasonable effort to provide accurate representations of our products and services. However, product colors and appearance may differ from how they appear on your screen because of your device, display settings, lighting, or other factors.

We do not warrant that the appearance or quality of any product or service purchased by you will meet every expectation or appear exactly as depicted in our online store.

Product descriptions, availability, and other product information are subject to change without notice. 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.

SECTION 3 — ORDERS AND CANCELLATIONS

When you place an order, you are making an offer to purchase. POFFLET reserves the right to accept, decline, limit, or cancel an order for any lawful reason. Your order is not accepted until POFFLET confirms acceptance and successfully processes your payment.

Please review your order carefully before submitting it.

You may request cancellation before your order has been fulfilled or shipped by contacting us as soon as possible at hello@pofflet.com. We will make reasonable efforts to accommodate your request, but cancellation is not guaranteed because orders may enter processing shortly after they are placed.

Once an order has been fulfilled or shipped, it cannot be canceled. After delivery, any eligible return must be handled in accordance with our Refund Policy.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided when the order was placed. If we cancel an order after payment has been processed, we will refund the canceled amount to the original payment method.

Purchases are subject to returns or exchanges only as provided in our Refund Policy.

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

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price displayed at the time the order is placed and shown in your order confirmation. Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs duties, or import charges.

Prices in our online store may differ from prices offered through physical stores, marketplaces, or third-party sellers. Promotions may be subject to separate terms and conditions. If promotional terms conflict with these Terms, the promotional terms will govern with respect to that promotion.

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

You represent and warrant that:

  1. The payment information you provide is true, correct, and complete;

  2. You are authorized to use the selected payment method;

  3. Charges incurred by you will be honored by your payment provider; and

  4. You will pay all authorized charges, including applicable shipping charges and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Delivery dates and transit times are estimates and are not guaranteed. Delays may occur because of carrier operations, weather, customs processing, incorrect or incomplete delivery information, peak shipping periods, or other circumstances outside our reasonable control.

You are responsible for providing a complete and accurate shipping address. POFFLET is not responsible for delays or failed delivery caused by incorrect or incomplete information supplied by the customer.

Tracking information may be provided when available. A tracking update does not guarantee an exact delivery date.

If a package appears delayed, lost, damaged, or incorrectly delivered, please contact us at hello@pofflet.com. We will review the order information, tracking history, delivery confirmation, carrier records, and other reasonably available evidence before determining the appropriate resolution.

Submitting a report that a package was not received does not automatically entitle the customer to a refund or replacement. Any refund, replacement, carrier claim, or other resolution will be determined based on the circumstances, available evidence, applicable carrier procedures, and applicable law.

If tracking indicates delivery but you cannot locate the package, you may be asked to check the delivery area, household members, neighbors, building management, or the carrier and to cooperate with any carrier investigation.

Nothing in this section limits rights or remedies that cannot legally be limited under applicable consumer protection law.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by POFFLET, its affiliates, or its licensors and are protected by United States and foreign intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services, except as permitted by applicable law.

Except as expressly provided, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to POFFLET, Shopify, or a third party. All rights not expressly granted are reserved.

POFFLET’s names, logos, product and service names, designs, and slogans are trademarks of POFFLET or its affiliates or licensors. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other marks appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools offered by third parties that we do not monitor or control.

Access to such tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind. To the extent permitted by law, we will not be liable for claims arising from your use of optional third-party tools.

Your use of optional tools is at your own risk and discretion. You are responsible for reviewing and agreeing to the terms of the applicable third-party provider.

New tools, resources, or features offered through the Services in the future will also be considered part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials, hyperlinks, or functionality provided or operated by third parties. We are not responsible for examining or evaluating the accuracy, security, content, or practices of third-party websites or services.

If you access a third-party website or service, you do so at your own discretion. To the extent permitted by law, we are not liable for harm or damages arising from your access to or purchase or use of third-party products, services, resources, or content.

Please review the applicable third party’s policies and practices before entering into a transaction. Questions, complaints, or claims regarding third-party products or services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

POFFLET is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly with POFFLET.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of a sale between you and POFFLET, including injury, damage, or loss arising from products or services purchased from POFFLET.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions made with POFFLET.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy and, where applicable, Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to host, operate, protect, and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and with service providers that may be located outside your state, province, or country of residence. Please review our Privacy Policy for additional information about how POFFLET, Shopify, and our service providers collect, use, disclose, and protect personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content relating to the Services (“Feedback”), you grant us a perpetual, worldwide, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including operating, evaluating, improving, and promoting the Services.

You represent and warrant that:

  1. You own the Feedback or have all rights necessary to submit it;

  2. You have disclosed any compensation or incentive received in connection with the Feedback; and

  3. Your Feedback complies with these Terms and applicable law.

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we reasonably determine is unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, or otherwise objectionable.

Feedback must not violate another person’s intellectual property, privacy, publicity, or other legal rights; contain unlawful, abusive, or obscene material; contain malware; or misrepresent its source. You are responsible for the Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times, inventory, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel an affected order at any time, including after an order has been submitted, subject to applicable law.

If we cancel an order because of an error after payment has been processed, we will refund the canceled amount to the original payment method.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services, directly or indirectly:

  1. For an unlawful, fraudulent, or malicious purpose;

  2. To violate any applicable international, federal, state, provincial, or local law;

  3. To infringe our intellectual property rights or the rights of another person;

  4. To harass, abuse, threaten, defame, intimidate, or harm another person;

  5. To transmit false, fraudulent, or misleading information;

  6. To upload or transmit material that violates these Terms;

  7. To send spam, chain letters, junk mail, or unauthorized solicitations;

  8. To impersonate another person or entity;

  9. To introduce malware or other harmful code;

  10. To reproduce, copy, extract, sell, resell, or commercially exploit an unauthorized portion of the Services;

  11. To improperly collect or track another person’s personal information;

  12. To interfere with, bypass, or circumvent security, authorization, access-control, or robot-exclusion measures; or

  13. To engage in conduct that restricts another person’s use of the Services or exposes POFFLET, Shopify, or another person to harm or liability.

You may not use automated systems, scraping tools, robots, spiders, data-extraction tools, or artificial intelligence agents to access or interact with the Services in violation of these Terms or any technical restrictions we implement.

We reserve the right to suspend, restrict, or terminate access if we reasonably determine that these Terms have been violated.

SECTION 14 — AUTOMATED AGENTS

This section applies if you deploy or authorize software or a service that takes autonomous or semi-autonomous actions on behalf of a person or entity to access, use, or interact with the Services (an “Agent”).

An Agent may not access or interact with the Services if we have requested that it stop doing so or if its access violates these Terms or applicable technical restrictions.

We may use technical measures to limit or control whether and how Agents access or interact with the Services.

An Agent must:

  1. Truthfully identify itself as an automated agent;

  2. Disclose the name of the Agent through an appropriate user-agent identifier when technically applicable;

  3. Not conceal automated activity by mimicking human behavior;

  4. Not circumvent CAPTCHAs or measures intended to distinguish automated use from human use;

  5. Respond truthfully to requests intended to determine whether an interaction is automated; and

  6. Not bypass measures intended to restrict or control automated access.

SECTION 15 — TERMINATION

We may suspend or terminate your account or access to the Services if you violate these Terms, misuse the Services, create risk or legal exposure for POFFLET or another person, or where suspension or termination is otherwise permitted by law.

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

Provisions that by their nature should survive termination will continue to apply, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law, and Privacy.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information made available through the Services is provided for general informational purposes. We do not warrant that such information is always accurate, complete, current, or suitable for a particular purpose. Reliance on information made available through the Services is at your own risk.

EXCEPT AS EXPRESSLY STATED BY POFFLET AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS. IN SUCH JURISDICTIONS, THESE EXCLUSIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LEGALLY BE EXCLUDED.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POFFLET AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT EXCLUDE OR LIMIT LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING RIGHTS AVAILABLE UNDER APPLICABLE CONSUMER PROTECTION LAW.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless POFFLET, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable attorneys’ fees arising from:

  1. Your material breach of these Terms or policies incorporated by reference;

  2. Your violation of applicable law or another person’s rights; or

  3. Your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim. A delay in providing notice will not relieve you of your obligations except to the extent the delay materially prejudices your defense.

We may control the defense and settlement of the claim, but we will not agree to a settlement that imposes a non-monetary obligation on you without your reasonable consent. You agree to reasonably cooperate in the defense of an indemnified claim.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and any unenforceable portion will be severed.

Such a determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 — 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 and any policies or operating rules posted through the Services constitute the entire agreement between you and POFFLET concerning your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals relating to the Services.

Any ambiguity in these Terms will not automatically be construed against the party that drafted them.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent. Any unauthorized attempted assignment is void to the extent permitted by law.

We may transfer or assign these Terms and our rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, change of control, or other lawful business transfer, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict-of-law principles.

Subject to applicable consumer protection laws, you and POFFLET consent to the jurisdiction of the state and federal courts located in Indiana.

Nothing in these Terms limits any rights you may have under applicable mandatory law.

SECTION 23 — HEADINGS

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

SECTION 24 — CHANGES TO THESE TERMS

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

We reserve the right to update, change, or replace these Terms by posting an updated version through the Services. Where required by applicable law, we will provide notice of material changes.

Unless otherwise stated or required by law, changes will become effective when posted. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

POFFLET
642 N Madison St
Bloomington, IN 47404
United States
Email: hello@pofflet.com