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TERMS AND CONDITIONS
GENERAL INFORMATION
Welcome to MyQuackito™! The terms "we," "us," and "our" refer to MyQuackito™. MyQuackito™ operates this store and website, including all information, content, features, tools, products, and services made available to you, the customer, to provide a curated shopping experience (the "Services"). MyQuackito™ is powered by Shopify technology, which enables us to deliver the Services to you.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on any device that you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing any of the products or services we offer, you may be required to provide certain information such as your email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide to our store 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 credentials and for all activity that occurs 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 as accurately as possible in our online store. However, please be aware that product colors or appearance may differ from what is shown on your screen due to the type of device you use to access the store and its display settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match exactly how it is displayed or presented in our online store.
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 may limit the quantities of any product 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. MyQuackito™ reserves the right to accept or decline your order for any reason, at its sole discretion. Your order will not be accepted until MyQuackito™ confirms acceptance. We must receive and process your payment before accepting your order. You should review your orders carefully before completing your purchase, as MyQuackito™ may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, or phone number you provided at the time the order was placed.
You may return or exchange your purchase only in accordance with our Refund Policy, available on our website at myquackito.com.
You represent and warrant that your purchase is for personal or household use and not for commercial resale or export.
SECTION 4 — PRICING AND BILLING
Prices, discounts, and promotions 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 indicated in the order confirmation sent to you by email. Unless expressly stated otherwise, listed prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.
Prices listed in our online store may differ from prices offered through other sales channels or stores operated by third parties. We may, from time to time, offer promotions through the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay all charges incurred at the posted prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for any delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We will not be held liable for delays caused by the shipping carrier, customs processing, or events beyond our control. Once we transfer products 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, trade names, text, samples, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are the property of MyQuackito™, its affiliates, or its licensors and are protected by applicable national and international intellectual property laws, including copyright, trademark, and patent laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You must 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 provided herein, nothing in these Terms grants or shall be construed as granting you a license or any other rights under any patent, trademark, copyright, or other intellectual property of MyQuackito™, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by MyQuackito™.
The names, logos, product and service names, designs, and slogans of MyQuackito™ are trademarks of MyQuackito™ or its affiliates or licensors. You may not use such trademarks without the prior written permission of MyQuackito™. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are the trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to third-party customer tools as part of the Services, which we neither monitor nor have any control or input over.
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 whatsoever arising from or relating to your use of optional third-party tools.
Any use you make of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services, 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.
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 functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you leave the Services to access these third-party materials or sites, you do so at your own risk.
We will not be liable for any damages or harm related to your access to any third-party website or your purchase or use of any products, services, resources, or content on any third-party website. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
MyQuackito™ is powered by Shopify technology, which enables us to deliver the Services to you. However, any sale or purchase made through our store is conducted directly with MyQuackito™. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and MyQuackito™, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchase and transaction with MyQuackito™.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to the Shopify Privacy Policy. By using the Services, you acknowledge that you have read and accept our Privacy Policy.
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 you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country other than where you reside, for the purpose of delivering the Services. Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 — USER CONTENT
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "User Content"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such User Content in any medium for any purpose, including commercial use. We may, for example, exercise our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or have all necessary rights to all User Content you submit; (ii) you have disclosed any compensation or incentive received in connection with your submission; and (iii) your User Content complies with these Terms. We have no obligation (1) to maintain the confidentiality of your User Content; (2) to pay any compensation for your User Content; or (3) to respond to your User Content.
We may, but are not obligated to, monitor, edit, or remove User Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Service.
You agree that your User Content will not infringe any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your User Content will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor will it contain 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, impersonate any person other than yourself, or mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you submit and its accuracy. We assume no responsibility or liability for any User Content posted by you or any third party.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or about the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 placed your order.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local regulation, rule, law, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights 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 any material that does not comply with these Terms; (g) to transmit or procure the sending of any unsolicited advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, as determined by us, may harm MyQuackito™, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping tool, data mining or extraction tool, automated device or process, artificial intelligence tool (such as agentic AI), or other automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
SECTION 14 — AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate 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, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including by technical means, how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request originates from an Agent and disclose the Agent's name by including the following in the user-agent field string of the request: "Agent/[agent name]"; (ii) not conceal or create confusion about whether any access, use, or interaction originates from an Agent, such as (a) by mimicking human behavior and interaction patterns, or (b) by completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) truthfully respond to any question or prompt that seeks to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise bypass any measure designed to block, limit, modify, or control whether and how Agents access, use, or interact with the 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 prior notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, User Content, 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
The information presented on or through the Services is provided 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 strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
UNLESS EXPRESSLY STATED OTHERWISE BY MYQUACKITO™, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION 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. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYQUACKITO™, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION 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 PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT 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 PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MyQuackito™, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or any documents incorporated 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 of any indemnifiable claim, provided that our failure to promptly notify you will not relieve you of your obligations unless you suffer material prejudice. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including by providing relevant documents.
SECTION 19 — SEVERABILITY
In the event that 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, and 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.
SECTION 20 — 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 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 of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 — 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, and any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland, in particular the Swiss Code of Obligations (OR), without regard to its conflict of law provisions. Any dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland, unless mandatory provisions of consumer protection law in your country of residence provide for a different jurisdiction.
SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 — 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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to quackitousa@gmail.com.
Our contact information is as follows:
MyQuackito™ Email: quackitousa@gmail.com Address: Friedackerstrasse 24, 8050 Zürich, Switzerland