Terms of service

Terms of Service

Overview

This website is operated by Cheeky Plush. Throughout the site, "we", "us" and "our" refer to Cheeky Plush. Cheeky Plush offers this website, including all information, tools and Services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including any additional terms, conditions and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of them, you may not access the website or use any Services.

Any new features or tools added to the store are also subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting changes to our website. It is your responsibility to check this page periodically. Your continued use of the website after changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and Services to you.

Section 1 – Online Store Terms

By agreeing to these Terms, 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 and have given us consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws) in using the Service.

You must not transmit any worms, viruses or code of a destructive nature.

A breach of any of these Terms will result in immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website, without our express written permission.

Headings in this agreement are for convenience only and do not limit or affect these Terms.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for decisions. Any reliance on it is at your own risk.

This site may contain historical information, which is not necessarily current and is provided for reference only. We may modify the site's contents at any time but have no obligation to update any information. It is your responsibility to monitor changes.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.

We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or Services

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display product colors and images as accurately as possible. We cannot guarantee that your screen will display any color accurately.

We reserve the right, but are not obligated, to limit sales of our products to any person, geographic region or jurisdiction, on a case-by-case basis. We may limit quantities of any products we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, credit card, and/or billing or shipping address. If we change or cancel an order, we may attempt to notify you using the email and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update your account information, including your email address and payment details, so we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

Section 7 – Optional Tools

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge that we provide such tools "as is" and "as available," without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools.

Any use of optional tools is at your own risk, and you should be familiar with and approve of the terms on which they are provided by the relevant third party.

New Services and/or features offered through the website in the future are also subject to these Terms.

Certain content, products and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and have no liability for any third-party materials or websites.

We are not liable for any harm or damages related to purchases or use of goods, Services, resources or content in connection with third-party websites. Please review third parties' policies carefully before engaging in any transaction. Complaints, claims or questions regarding third-party products should be directed to the third party.

Section 9 – User Comments, Feedback and Other Submissions

If you send us submissions (such as contest entries) at our request, or creative ideas, suggestions, proposals, plans or other materials without a request (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium. We are under no obligation (1) to keep comments confidential; (2) to pay compensation for comments; or (3) to respond to comments.

We may, but have no obligation to, monitor, edit or remove content we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary rights, and will not contain libelous, unlawful, abusive or obscene material, or any malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for your comments and their accuracy.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 – Errors, Inaccuracies and Omissions

Our site may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, 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).

We have no obligation to update, amend or clarify information on the site, including pricing, except as required by law.

Section 12 – Prohibited Uses

In addition to other prohibitions in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We may terminate your use of the Service for violating any of these prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, or that results obtained from the Service will be accurate or reliable.

We may remove the Service for indefinite periods or cancel it at any time without notice.

Your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered through it are (except as expressly stated by us) provided "as is" and "as available," without any representation, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Cheeky Plush, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured through it, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Cheeky Plush and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 – Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms without affecting the validity of the remaining provisions.

Section 16 – Termination

Obligations and liabilities incurred before the termination date survive termination of this agreement.

These Terms are effective unless and until terminated by you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If, in our sole judgment, you fail or we suspect you have failed to comply with any term of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to the termination date, and we may deny you access to our Services.

Section 17 – Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not waive that right or provision.

These Terms and any policies or operating rules posted on this site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 18 – Governing Law

These Terms of Service and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

Section 19 – Changes to Terms of Service

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting changes to our website. It is your responsibility to check our website periodically. Your continued use of the website after changes are posted constitutes acceptance of those changes.

Section 20 – Contact Information

Questions about these Terms should be sent to contactcheekyplush@gmail.com.

Cheeky Plush contactcheekyplush@gmail.com