Terms & Conditions
This page contains Pop Your Paws' terms & conditions of sale ("Terms & Conditions"). Please read these Terms & Conditions carefully before ordering any portrait from us. By ordering any portrait, you agree to be bound by these Terms & Conditions.
By placing an order with Pop Your Paws ("we", "us" or "our") you warrant that you are at least 18 years old (or have your parents' permission to buy from us) and accept these Terms & Conditions. None of these Terms & Conditions affect your statutory rights. No other terms or changes to these Terms & Conditions shall be binding unless agreed to in a writing signed by us.
When you provide us with a photograph or any other content or materials (collectively "Customer Content"), whether by upload/download, email, FTP or otherwise, you represent and warrant that you have all necessary rights and permissions to provide us with the Customer Content. You hereby grant us and our third party partners that we work with to process your order and to create, print and ship your portrait (each a "Partner") all rights necessary to use, display, modify and otherwise exploit the Customer Content (1) to create and provide to you your portrait and (2) for marketing and promotional purposes, including without limitation, displaying your portrait on websites (including our website), stores and galleries. You further warrant that the Customer Content (a) does not infringe or violate the rights of any third party, including without limitation, any copyright, trademark, patent or other intellectual or proprietary right, or any right of privacy and (b) is not abusive, defamatory, or obscene. We reserve the right not to work on any Customer Content for any reason.
Limited Warranty, Returns and Limitations on Liability
We warrant that we will create your portrait in a professional and competent manner and that it will be free from defects in material and workmanship. You acknowledge that each portrait is a custom work of art and we reserve the right to use our artistic judgment in the creation of your portrait, including without limitation, in sizing/cropping and the selection of colors and backgrounds.
Since all portraits are custom, returns are NOT permitted unless the portrait provided to you is defective in material and/or workmanship in any material respect. In the event you receive a defective portrait, we will, as our sole obligation and your exclusive remedy, replace the portrait with one that is not defective, or at our option, refund the purchase price you paid to us. In order to quality for a return or refund, you must report and provide evidence of the defect to us within 5 business days or your receipt of the portrait. Please note that the portrait must be returned in original packaging including all tags. In case of refund neither the original shipping cost nor the return shipping cost will be repaid. You can find the return address under popyourpaws.com/contact.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS & CONDITIONS, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES AND (B) OUR CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE PORTRAIT GIVING RISE TO SUCH LIABILITY.
All portraits remain our property until full payment is made. The price applicable is that set at the date on which you place your order.
All transfers of money conducted through our website are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customer's own expense.
You agree to indemnify, defend and hold us (including our officers, directors, employees, agents and Partners) harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your breach of the above warranties, your violation of these Terms & Conditions, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
We reserve the right to amend any information, including but not limited to prices, specifications, terms of purchase and product offerings without prior notice.
Please direct all inquiries to firstname.lastname@example.org.