Terms of service

OVERVIEW

Welcome to Pamela & Co! The terms “we”, “us” and “our” refer to Pamela & Co. Pamela & Co operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Pamela & Co uses the Shopify platform, which allows us to provide the Services to you.

The terms and conditions below, together with the policies referenced herein (the “Terms of Use” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 - ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you have reached the age of legal majority in your state or province of residence and you give us your consent to allow your minor children to use the Services on devices that you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment and shipping information. 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 credentials and for all activity related to your account. You are not permitted to transfer, sell, assign or license your account to any other person.

ARTICLE 2 - OUR PRODUCTS

We have made every effort to present our products and services accurately in our online stores. Please note, however, that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or will be identical to what is presented or displayed in our online stores.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw any product from sale at any time and may limit the quantities of products we offer to any 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. Pamela & Co reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is only considered accepted after written confirmation from Pamela & Co. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as Pamela & Co may not be able to accept cancellation requests once the order has been confirmed. If we refuse, modify or cancel your order, we will attempt to contact you using the email address, billing address and/or telephone number provided at the time of the order.

Your purchases are subject to return or exchange conditions in accordance with our Refund Policy.

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

ARTICLE 4 - PRICES 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 of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties or import charges.

Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions on our Services that may affect prices and that are governed by separate terms and conditions from these 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 information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that: (i) your credit card information is accurate, correct and complete; (ii) you are authorized to use that card for the purchase; (iii) the charges incurred will be honored by your card issuer; and (iv) you will pay the charges incurred at the prices displayed, including shipping and handling fees, as well as all applicable taxes.

ARTICLE 5 - SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All delivery times indicated are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs procedures or any event beyond our control. Once the products are handed over to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of Pamela & Co, its affiliates or its licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.

These Terms authorize you to use the Services for personal and non-commercial purposes only. You are not authorized to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material available on the Services without our prior written consent. Unless expressly provided otherwise in these Terms, nothing shall be construed as granting you a license or any other right in any patent, trademark, copyright or other intellectual property of Pamela & Co, Shopify or any third party. Any 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 Pamela & Co.

The names, logos, product and service names, designs and slogans of Pamela & Co are trademarks of Pamela & Co, its affiliates or its licensors. You may not use them without the prior written authorization of Pamela & Co. 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 on the Services are trademarks of their respective owners.

ARTICLE 7 - OPTIONAL TOOLS

You may be required to use customer tools offered by third parties as part of the Services, tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranty, representation or condition of any kind, and without any endorsement on our part. We disclaim all liability arising from or related to your use of optional third-party tools.

Your use of optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and accept the terms applicable to such tools, as defined by the relevant third-party provider or providers.

We may also, in the future, offer new features through the Services, including the provision of new tools and resources. Such new features shall be considered an integral part of the Services and shall be subject to these Terms of Use.

ARTICLE 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We disclaim all liability for any harm or damage related to your access to third-party websites, or to the purchase or use of products, services, resources or content on such websites. We encourage you to carefully review the policies and practices of third parties and ensure that you understand them before entering into any transaction. Claims, complaints, concerns or questions regarding third-party products and services should be addressed directly to the relevant third party.

ARTICLE 9 - RELATIONSHIP WITH SHOPIFY

Pamela & Co is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our Store is made directly with Pamela & Co. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Pamela & Co, including any damage, harm or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or related to your purchase and transaction with Pamela & Co.

ARTICLE 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 Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve them. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries other than the one in which you reside, in order to provide the services to you. Please see our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal information.

ARTICLE 11 - FEEDBACK

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

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation: (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not required to, monitor, edit or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, data protection, personality rights or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene material, nor any computer virus or malware that may affect the operation of the Services or any related website. You are prohibited from using a false email address, impersonating any person, or misleading us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and shall not be held responsible for Feedback published by you or by a third party.

ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain information with typographical errors, inaccuracies or omissions, including with respect to product descriptions, prices, promotions, offers, shipping fees, transit times or product availability. We reserve the right to correct any error, inaccurate information or omission, as well as to modify or update information or cancel orders in the event of inaccurate information, at any time and without notice, including after you have submitted your order.

ARTICLE 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of Pamela & Co, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, download, use or reuse any content that does not comply with these Terms; (g) to transmit or cause the sending of any advertising or promotional material, including “spam,” “chain letters,” “junk mail” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that may restrict or inhibit any other person’s use or enjoyment of the Services, or that, in our judgment, may harm Pamela & Co, Shopify, users of the Services, or expose them to any liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the operation or functioning 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) engage in spam, phishing, pharming or pretexting practices through the Services; (e) use robots, spiders, scraping, harvesting or data extraction tools, automated devices, AI tools, including agentic AI, or any automated or manual means to access the Services; or (f) interfere with, circumvent or disable security or authorization features, robot exclusion headers or any other measures we implement to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, enable or cause the deployment of an Agent to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the instruction of, a person or entity, and that may run on a device owned or used by a person without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that such Agent refrain from accessing, using or interacting with any service.

14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the name of the Agent by including the following statement in the user-agent string: “Agent/[agent name]”; (ii) not conceal or disguise the fact that the access, use or interactions originate from an Agent, including by (a) imitating human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond honestly to any question or prompt intended to determine whether the interactions originate from a human or a computer; and (iv) not circumvent or avoid any measure designed to block, limit, modify or control Agents’ access to, use of or interactions with the Services.

ARTICLE 15 - TERMINATION

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

The following articles shall remain applicable after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provision which, by its nature, is intended to survive termination.

ARTICLE 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for informational purposes only. We do not guarantee 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 and warranties regarding the consequences arising from the use of this information by you, any other visitor to the Services, or any person informed of its content.

UNLESS EXPRESSLY STATED, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. CERTAIN JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

ARTICLE 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAMELA & CO, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION 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 PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

ARTICLE 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pamela & Co, Shopify, as well as our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from any loss, damage, liability or claim, including reasonable attorneys’ fees, owed to any third party and resulting from: (1) your breach of these Terms of Use or the documents incorporated by reference herein; (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 claim covered by this indemnity, provided that any failure to provide prompt notice shall not relieve you of your obligations unless you suffer substantial prejudice as a result. We may conduct the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent, which you may not unreasonably withhold. You will cooperate in the defense of claims covered by this indemnity, including by providing relevant documents.

ARTICLE 19 - SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity or enforceability of the remaining provisions.

ARTICLE 20 - WAIVER; ENTIRE AGREEMENT

The 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 Use, together with the policies or operating rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us, including, without limitation, any prior versions of the Terms of Use.

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 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. Any attempted unauthorized assignment shall be deemed null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 - GOVERNING LAW

These Terms of Use, as well as any separate agreement by which we provide you with the Services, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Pamela & Co has its registered office. You and Pamela & Co expressly consent to the territorial and personal jurisdiction of such courts.

ARTICLE 23 - HEADINGS

The headings used in this agreement are included for convenience only and shall not affect or limit the interpretation of these Terms.

ARTICLE 24 - CHANGES TO THE TERMS OF USE

You may 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, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to periodically review our site for any 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 indicated in the notice. Your continued use of or access to the Services after the posting of changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 - CONTACT INFORMATION

For any questions regarding these Terms of Use, please contact us at the following address: info@pamela-and-co.com.