Terms of service

OVERVIEW

Welcome to pema factory! The terms "we", "us", and "our" refer to pema factory. pema factory operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you—the customer—with a personalized shopping experience (the “Services”). pema factory is powered by Shopify, which enables us to provide these Services.

The following Terms and Conditions, along with the policies referenced herein (these “Terms” or “Terms and Conditions”), outline your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

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

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you confirm that you are of legal age in your country or region of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, have purchased, or manage.

To use the Services—including accessing or browsing our online shop or purchasing products or services—you may be required to provide certain information, such as your email address and details for billing, payment, and shipping. You represent and warrant that all information you provide in our shop is true, current, and complete, and that you are fully authorized to provide such information.

You are solely responsible for maintaining the confidentiality 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 in our online shop as accurately as possible. However, please note that colors or appearances of products may vary from those displayed on your screen due to your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the representations shown in our online shop.

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 the quantities of any product offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you are submitting a purchase offer. pema factory reserves the right to accept or reject any order at its sole discretion for any reason. Your order is only considered accepted once it has been confirmed by pema factory. Acceptance of your order requires receipt and processing of your payment. Please review your order carefully before submitting, as cancellation requests may not be honored once an order has been accepted. If we are unable to accept, modify, or cancel your order, we will attempt to notify you via the email address, billing address, and/or telephone number provided with the order.
Returns or exchanges are handled exclusively in accordance with our Right of Withdrawal LINK.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and special offers 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 expressly stated otherwise, prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices listed in our online shop may differ from prices in physical stores or in third-party online shops. We may occasionally offer promotions that affect pricing and are subject to different terms than these Terms and Conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges at the posted prices, including all shipping and handling fees and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping providers, customs clearance, or events beyond our control. Once we hand the products over to the shipping provider, ownership and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including but not limited to all trademarks, trade names, texts, designs, images, graphics, product reviews, video and audio files, and their layout, selection, and arrangement—are the property of pema factory, its affiliates, or licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms grant you the right to use the Services solely for personal, non-commercial purposes. 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. Except as expressly stated in these Terms, no provision grants you any license or rights in patents, trademarks, copyrights, or other intellectual property of pema factory, Shopify, or third parties, and no such rights shall be implied. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved by pema factory.
The names, logos, product and service names, designs, and slogans of pema factory are trademarks of pema factory or its affiliates or licensors. You may not use such marks without prior written permission from pema factory. The names, logos, 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 the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services, which we do not monitor, control, or influence.
You acknowledge and agree that such tools are provided "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to the use of optional third-party tools.
Use of any optional tools offered through the website is at your own risk and discretion. You are responsible for reviewing and accepting the terms and conditions under which these tools are provided by the respective third parties.
We may also offer new features through the Services in the future (including releasing new tools and resources). Such new features will also be considered part of the Services and subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites accessed at your discretion. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any damages or losses caused by your access to third-party websites or by your purchase or use of products, services, resources, or content on third-party websites. You should carefully review the policies and procedures of the third party and ensure you understand them before conducting any transactions. 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 describes Shopify’s relationship to your store and should not be removed or altered.]
pema factory is operated by Shopify to provide the Services. However, all sales and purchases you make in our shop are completed directly with pema factory. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and pema factory, including any injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or related to your purchases and transactions with pema factory.

SECTION 10 – PRIVACY POLICY
All personal data collected through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Additionally, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services to provide and improve them for you. Data you submit to the Services is shared with Shopify as well as third parties who may be located in countries other than your country of residence to provide the Services. Our Privacy Policy [LINK] provides further information on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us an unlimited, 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 these rights to operate, provide, evaluate, expand, improve, and promote the Services and fulfill our obligations and exercise our rights under these Terms and Conditions.
You also warrant and represent that: (i) you own all rights in the Feedback or have full authorization to grant the license; (ii) you have disclosed any compensation or incentives received related to the Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove any Feedback that we consider, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates a party’s intellectual property rights or these Terms and Conditions.
You warrant that your Feedback does not violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further warrant that your Feedback contains no defamatory or otherwise unlawful, offensive, or obscene statements and is free of viruses or other malware that could affect the operation of the Services or any related website. You must not use a false email address, impersonate any person, or mislead us or third parties about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping costs, availability, and delivery times. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time without prior notice (even after an order has been submitted).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not directly or indirectly access or use the Services: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, state, or local laws, regulations, or ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms of Service; (g) to transmit or facilitate the transmission of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar solicitations; (h) to impersonate any person or entity or attempt to do so; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, in our sole discretion, may harm pema factory, Shopify, or users of the Services or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; 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 you violate any part of these Terms.

SECTION 14 – TERMINATION OF AGREEMENT
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice. You remain liable for all amounts due up to the date of termination.
The following sections will survive termination of the agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information displayed in or through the Services is provided for general informational purposes only. We make no guarantees regarding the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk. We disclaim all liability arising from your or others’ reliance on this content.
UNLESS EXPRESSLY STATED BY pema factory, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, pema factory, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless pema factory, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses (including reasonable attorneys’ fees) arising out of or relating to: (1) your violation of these Terms or referenced documents; (2) your violation of any law or the rights of any third party; or (3) your access to or use of the Services.
We will notify you of any indemnifiable claims, provided that failure to do so will not relieve you of your obligations unless materially prejudiced. We may control the defense and settlement of such claims at your expense but will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld). You agree to cooperate in defending such claims, 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 remain effective to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall remain unaffected.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules published by us on this website or in relation to the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of these Terms).
Ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the country where pema factory’s principal place of business is located. You and pema factory consent to the jurisdiction and venue of the federal and state or territorial courts located in that country.

SECTION 22 – HEADINGS
The section titles used in this Agreement are for convenience only and have no legal or contractual effect.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
The current version of these Terms of Service can be reviewed at any time on this page.
We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates and changes on our website. It is your responsibility to review our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will become effective on the date specified in the notice. Your continued use of or access to the Services after such posting constitutes your acceptance of the updated Terms.

SECTION 24 – CONTACT INFORMATION
For any questions regarding these Terms of Service, please contact us at: info@pemafactory.de.
Our contact details are:
Grese Musliu
info@pemafactory.de
Gabriele-Münter-Str. 5, 65197 Wiesbaden, Germany
VAT ID: DE348466603