Terms of service
OVERVIEW
Welcome to PEMods! The terms "we," "us," and "our" refer to PEMods. PEMods operates this shop and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the "Services"). PEMods is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, along with any policies referenced herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.
Please read these Terms carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting or using our Services, or interacting with our Services, you agree to these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are of legal age in your state or province of residence, and that you have given us consent for any minors in your care to use the Services on devices you own, purchase, or manage.
To use the Services — including accessing or browsing our online stores or purchasing products and services — you may be asked to provide certain information such as your email address, billing, payment, and shipping details. You confirm that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your login credentials and all activity in your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, colours or appearance of products may differ from what is shown on your screen, depending on your device type, 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 images or descriptions in our online stores.
All product descriptions may be changed 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 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. PEMods reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until PEMods confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting, as PEMods may not be able to accommodate cancellation requests after an order has been accepted. If we are unable to accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of ordering.
Returns or exchanges are governed exclusively by our Return Policy [LINK].
You confirm that your purchases are intended for personal or household use only, and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling fees, customs duties, or import charges.
Prices in our online stores may differ from prices in our physical locations or in online stores operated by third parties. We may from time to time offer promotions in connection with our Services that may affect pricing and are subject to separate terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion 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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You confirm that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorised to use such credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We accept no responsibility for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we have handed the goods to the shipping carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of PEMods, its affiliates, or licensors and are protected by patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any materials on the Services. Nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright, or other intellectual property of PEMods, Shopify, or any third party. Unauthorised use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by PEMods.
The names, logos, product and service names, designs, and slogans of PEMods are trademarks of PEMods or its affiliates or licensors. You may not use these marks without prior written permission from PEMods. 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 on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to third-party tools through the Services. We do not monitor these tools and have no control or influence over them.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion. You should review and accept the terms and conditions of the relevant third-party tool providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of materials or third-party websites. If you leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any damages related to your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please carefully review the policies and procedures of third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or altered.]
PEMods is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with PEMods. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and PEMods, including any injuries, damages, or losses arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or in connection with your purchases and transactions with PEMods.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may also be subject to Shopify's Privacy Policy. By using the Services, you confirm that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is transmitted to and shared with Shopify and third-party providers, who may be located in a different country than your own, in order to provide services to you. For more information on how we, Shopify, and our partners use your personal data, please refer to our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you send, upload, post, email, or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. We may use this licence to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfil our obligations and exercise our rights under these Terms.
You further confirm that: (i) you own or have all necessary rights to all Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.
You agree that your Feedback will not violate the rights of any third party, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or through the Services may 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 at any time without prior notice if any information is inaccurate (including after your order has been submitted).
SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, 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 discriminate against our employees or other persons; (e) to submit false or misleading information; (f) to upload or transmit material that does not comply with these Terms; (g) to send or cause to be sent any unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar communications; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm PEMods, Shopify, or users of the Services.
You further agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) use the Services for spam, phishing, pharming, or pretexting; (e) use robots, spiders, scrapers, data collection or extraction tools, automated devices or processes, AI tools (e.g. agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or manipulate any security or authorisation features or other measures we use to restrict access to the Services. 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 – AGENTS
14.1 This section ("Agent Terms") applies when you use, permit, enable, or cause an agent to access, use, or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a person and that may be executed on behalf of or using a person's device without direct supervision.
14.2 No agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in Section 14.4 below. Furthermore, no agent is permitted to access, use, or interact with the Services if we have instructed it to cease access, use, or interaction with a Service.
14.3 We may, including through technical measures, restrict whether and how an agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an agent and disclose the agent's name by including the following in the request's User-Agent string: "Agent/[AgentName]"; (ii) not conceal or obscure that accesses, uses, or interactions originate from an agent, for example by (a) mimicking human behaviours and interaction patterns or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond truthfully to questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise avoid measures intended to prevent, restrict, modify, or control whether and how agents access, use, or interact with Shopify Consumer Services.
SECTION 15 – 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 survive 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 16 – DISCLAIMER OF WARRANTIES
Information provided on or through the Services is for general informational purposes only. We make no representations as to the accuracy, completeness, or usefulness of such information. Any reliance on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or other visitors to the Services, or by anyone who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY PEMODS, 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, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, PEMODS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO 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 POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PEMods, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable legal fees, asserted by third parties arising out of or in connection with (1) your breach of these Terms or the documents incorporated herein by reference, (2) your violation of any applicable law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a delay in notification does not release you from your obligations unless you suffer material prejudice as a result. We may control the defence and settlement of such a claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate in the defence of indemnifiable claims, including by providing relevant documents.
SECTION 19 – 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 portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or 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 posted by us on this website or in respect of the Services, constitute the entire agreement and understanding 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, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, assign, or transfer this agreement or your rights and obligations under these Terms without our prior written consent; any such attempt is void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – 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 applicable to the jurisdiction in which PEMods is located. You and PEMods consent to the local and personal jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO TERMS AND CONDITIONS
The most current version of the Terms and Conditions is available on this page at all times.
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 check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. By continuing to use or access the Services after any changes to these Terms are posted, you agree to those changes.
SECTION 25 – CONTACT
Questions about the Terms and Conditions should be sent to pemods@proton.me