Terms of service

OVERVIEW
Welcome to UpCat Living! The terms “we,” “us,” and “our” refer to UpCat Living. UpCat Living operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). UpCat Living is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and address topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services is not permitted.

ARTICLE 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age according to the laws of the state or province in which you reside and that you have given us permission to allow any minor family members to use the Services on devices that you own, purchase, or manage.

In order to use the Services, including visiting or browsing our webshops or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 – OUR PRODUCTS

We strive to provide the most accurate possible description of our products and services in our webshops. However, please note that the colors and appearance of the products may differ from how they appear on your screen. This depends on the type of device you use to access the store and on the device’s settings and configuration.

We do not guarantee that the appearance or quality of the products or services purchased by you will meet your expectations or correspond to the display or description in our webshop.

All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 – ORDERS

When you place an order, you make an offer to purchase. UpCat Living reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until it has been confirmed by UpCat Living. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. UpCat Living may not be able to honor a request for cancellation after your order has been accepted. If we do not accept an order, modify it, or cancel it, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number you provided during the ordering process.

You may only return or exchange purchases in accordance with our refund policy.

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

ARTICLE 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service is the price in effect at the time you place your order. This price is stated in the confirmation email you receive after placing your order. Unless expressly stated otherwise, listed prices do not include taxes, shipping costs, handling fees, customs duties, or import duties.

The prices displayed in our webshops may differ from prices in physical stores or in webshops or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and that are subject to separate terms and conditions independent of these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotion terms 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, credit card numbers, and credit card expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay the charges you incur in accordance with the prices displayed, including shipping costs, handling fees, and all applicable taxes, where applicable.

ARTICLE 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we have handed the products over to the carrier, ownership and risk of loss pass to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphic elements, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by UpCat Living, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written permission. Except as expressly provided in these Terms, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of UpCat Living, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by UpCat Living.

The names, logos, product names, service names, design elements, and slogans of UpCat Living are trademarks of UpCat Living or its affiliates or licensors. You may not use such trademarks without the prior written consent of UpCat Living. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over or input into 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 not be liable in any way for any harm arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You must ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party provider(s).

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 considered part of the Services and shall be subject to these Terms of Service.

ARTICLE 8 – LINKS TO THIRD PARTIES

The Services may contain materials and hyperlinks to websites offered or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites to which you choose to gain access. If you decide 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 harm or adverse consequences related to your visit to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This article accurately describes Shopify’s relationship with your store and must not be removed or modified.]

UpCat Living uses Shopify so that we can provide you with the Services. However, all sales and purchases made in our store are conducted directly with UpCat Living. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and UpCat Living, including injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with UpCat Living.

ARTICLE 10 – PRIVACY POLICY

All personal information that we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information that you submit through the Services is forwarded to and shared with Shopify, as well as with third parties that may be located in countries other than the one in which you reside, so that they can provide services to you. Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. We may exercise our rights under this license, for example, to operate, provide, evaluate, improve, and promote the Services, and to comply with our obligations and enforce our rights under the Terms of Service.

You further represent and warrant that (i) you own all Feedback or otherwise have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation now or in the future to (1) maintain your Feedback in confidence; (2) pay compensation 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, abusive, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions. This information may relate 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. We may also cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

ARTICLE 13 – PROHIBITED USE

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for any unlawful or harmful activity; (b) to violate any international, national, federal, provincial, or local laws, regulations, rules, or ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employees or others; (e) to submit false or misleading information; (f) to knowingly submit, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm UpCat Living, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, any related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.

The following articles shall 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 which by their nature should survive termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

The information provided on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or any other persons who may be informed of its contents.

UNLESS EXPRESSLY STATED BY UpCat Living, 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, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, LIMITATIONS OR DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES ARE NOT PERMITTED. THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UpCat Living, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

THIS INCLUDES, BUT IS NOT LIMITED TO, ANY 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 (OR ANY PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless UpCat Living, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against all costs relating to losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you in the event of a claim subject to indemnification, provided that failure to provide timely notice shall not relieve you of your obligations unless you are materially prejudiced thereby. We may manage the defense and settlement of any such claim at your expense, including the use of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You agree to cooperate with the defense of indemnified claims, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).

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

ARTICLE 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. 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 to you.

ARTICLE 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where UpCat Living has its principal place of business. You and UpCat Living consent to the jurisdiction and personal jurisdiction of such courts.

ARTICLE 22 – HEADINGS

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued access to or use of the Services following the posting of any changes constitutes acceptance of those changes.

ARTICLE 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at upcatliving@gmail.com.

Our contact details are listed below:
UpCat Living
upcatliving@gmail.com
Namenstraat 9
4871 AG Etten-Leur
Netherlands
Chamber of Commerce: 68882777
VAT: NL001252125B20