TERMS OF SERVICE

Welcome to TheSquishmas.

The terms "we," "us," and "our" refer to TheSquishmas, which operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services").

TheSquishmas is powered by Shopify, which enables us to provide the Services to you.

The below 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 include 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, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, and that any minor dependents use the Services under your supervision.

To use the Services, you may be asked to provide certain information, including your email address, billing information, payment details, and shipping information. You represent and warrant that all information provided is accurate, current, and complete.

You are responsible for maintaining the security of your account credentials and for all activity under your account. Accounts may not be transferred or assigned.

SECTION 2 – OUR PRODUCTS

All products sold by TheSquishmas are non-personalized.

We make every effort to accurately display product images and descriptions. However, colors or appearance may vary depending on device screens and settings.

We do not guarantee that product appearance or quality will meet subjective expectations. All product descriptions and availability are subject to change without notice at our discretion.

We reserve the right to discontinue or limit quantities of any product at any time.

SECTION 3 – PRODUCT SAFETY AND RESPONSIBLE USE

WARNING: NOT RECOMMENDED FOR CHILDREN UNDER 5 YEARS OF AGE. THIS PRODUCT MUST NOT BE USED BY CHILDREN UNDER 5. CONTAINS SMALL PARTS – CHOKING HAZARD.

Parents and legal guardians are responsible for the correct and safe use of the product by the children in their care. By purchasing and using our products, you agree to the following:

• Read and follow all instructions and warnings included with the product and on its product page before first use.
• Keep the product out of reach of children under 5, including the toys, the calendar compartments, wrappers, and any plastic bags or packaging.
• Adult supervision. Children should only play with the product under the supervision of a parent or responsible adult.
• Not food. The toys may look like food, but they are not edible. Do not put them in the mouth, and do not bite, chew, or swallow them.
• Inspect the toys before each use. If a toy is torn, cracked, crumbling, or damaged in any way, stop using it immediately and dispose of it safely, as small pieces can become a choking hazard.
• Do not use a product that arrived damaged or defective, and do not attempt to repair it yourself. Contact us and we will handle it under our Return, Refund, and Replacement Policy.
• Do not modify, cut, or puncture the toys, and keep them away from heat sources and open flames.
• Use the product only for its intended purpose as a toy.

If a product fails during use, or you believe it may pose a risk, stop using it and email us at Thesquishmas@gmail.com with photos and a description of what happened.

We shall not be liable for any damage resulting from: use by children under 5 years of age; use other than the intended use; failure to follow the instructions, warnings, or age recommendation; lack of adult supervision; continued use of a product that arrived damaged or showed visible damage; modifications or repairs made by the customer or third parties; or normal wear and tear or improper care. This applies to the fullest extent permitted by law and without prejudice to the Limitation of Liability section.

SECTION 4 – ORDERS

Placing an order constitutes an offer to purchase.

TheSquishmas reserves the right to accept or decline any order at its discretion. An order is accepted only after payment has been successfully processed and an order confirmation has been issued.

Please review your order carefully before submitting it. We cannot guarantee cancellations or changes once an order has been processed or shipped.

All purchases are subject to our Return, Refund, and Replacement Policy.

Purchases are intended for personal or household use only and not for resale.

SECTION 5 – PRICES AND BILLING

Prices are subject to change without prior notice.

The price charged will be the price displayed at checkout.

Unless otherwise stated, prices do not include taxes, shipping charges, customs duties, or import fees.

You agree to provide accurate billing and payment information and authorize us to charge your selected payment method for all applicable amounts.

SECTION 6 – SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. For advent calendars, please see the recommended order deadline in our Shipping Policy to receive your order before December 1.

We are not responsible for delays caused by shipping carriers, customs authorities, weather conditions, or other events beyond our reasonable control.

Risk of loss passes to you once your order has been handed over to the carrier.

SECTION 7 – INTELLECTUAL PROPERTY

All content available through the Services, including but not limited to text, images, graphics, logos, icons, product descriptions, and design elements, is the property of TheSquishmas or its licensors and is protected by applicable intellectual property laws.

You may use the Services solely for personal, non-commercial purposes.

Any unauthorized use, reproduction, distribution, or modification is strictly prohibited.

SECTION 8 – OPTIONAL TOOLS

We may provide access to third-party tools on an "as is" and "as available" basis, without any warranties or guarantees.

Your use of such tools is entirely at your own risk and discretion.

SECTION 9 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites.

We are not responsible for the content, accuracy, policies, or practices of any third-party website. Accessing such websites is entirely at your own risk.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

TheSquishmas is powered by Shopify.

All purchases are made directly with TheSquishmas.

Shopify is not responsible for the products sold, customer service, refunds, warranties, or disputes relating to your purchase.

SECTION 11 – PRIVACY POLICY

Your personal information is handled in accordance with our Privacy Policy and Shopify's Privacy Policy.

SECTION 12 – FEEDBACK

Any comments, suggestions, reviews, ideas, or other feedback you submit may be used by us without restriction or compensation.

You represent and warrant that you have the legal right to submit such feedback.

SECTION 13 – ERRORS AND OMISSIONS

We reserve the right to correct any errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, or other information.

We also reserve the right to cancel orders if necessary.

SECTION 14 – PROHIBITED USES

You may not use the Services for:

• Any unlawful purpose.
• Violating intellectual property rights.
• Harassment or abuse.
• Fraudulent activities.
• Spam or malicious software.
• Any activity that could interfere with the proper functioning of the Services.

SECTION 15 – TERMINATION

We reserve the right to terminate or suspend access to the Services at any time without prior notice.

Any obligations or liabilities incurred before termination shall remain enforceable.

SECTION 16 – DISCLAIMER OF WARRANTIES

The Services and all products are provided "as is" and "as available", without warranties of any kind, whether express or implied, except where required by applicable law.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, TheSquishmas shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of the Services or any products purchased through them, nor for damages caused by misuse of the product as described in the Product Safety and Responsible Use section.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by a defective product or by negligence.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TheSquishmas, its owners, affiliates, partners, and service providers from any claims, liabilities, damages, or expenses arising from your breach of these Terms or misuse of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 20 – ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and TheSquishmas regarding your use of the Services and supersede any prior agreements or understandings.

SECTION 21 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms freely without restriction.

SECTION 22 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles.

SECTION 23 – HEADINGS

Section headings are provided for convenience only and shall not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS

We reserve the right to modify or update these Terms of Service at any time.

Your continued use of the Services following any changes constitutes acceptance of the updated Terms.

SECTION 25 – CONTACT INFORMATION

TheSquishmas Operated by Mateo Pastor Ecom

Email: Thesquishmas@gmail.com Phone: +41 76 672 72 47

Business Address (returns only if instructed): Zürcherstrasse 35 8174 Stadel (ZH) Switzerland