Terms of service

OVERVIEW 

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

These Terms and Conditions, along with any referenced policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms 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 and our Privacy Policy. If you do not agree, please do not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own or manage.

To use the Services, including browsing or making a purchase, you may need to provide personal information. You confirm that all information provided is accurate, current, and complete, and that you have the legal right to provide it.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not assign or transfer your account to another person.

Section 2 – Our Products

We aim to accurately represent all products and services shown in our store. However, colors and product appearance may vary depending on your screen settings and device.

We do not guarantee that the appearance or quality of a product will meet your expectations. Descriptions and pricing may change without notice. We reserve the right to limit quantities, discontinue products, or restrict availability by region or customer.

Section 3 – Orders

When you place an order, you are making an offer to purchase. Orders are not final until we confirm acceptance. Payment must be successfully processed before acceptance.

We may decline, cancel, or modify an order for any reason. If so, we will try to notify you using the contact information provided.

All purchases are subject to our Refund Policy. By placing an order, you confirm that it is for personal use only and not for resale or export.

Section 4 – Prices and Billing

Prices and promotions may change without notice. The final price for your order will be confirmed at checkout and in your order confirmation email.

Unless noted otherwise, listed prices do not include taxes, shipping, handling, customs duties, or import fees.

You agree to provide current and complete billing and account information, including updated credit card details. You also confirm that:

• The payment information you provide is accurate and authorized

• You are responsible for all charges, including taxes and shipping

Section 5 – Shipping and Delivery

Delivery times are estimates and not guaranteed. We are not responsible for delays due to shipping carriers, customs, or events outside our control.

Once an order is shipped, the title and risk of loss transfer to you.

Section 6 – Intellectual Property

All content on the Services—trademarks, logos, text, images, audio, video, graphics, and more—is the property of PEN & PUCK, its affiliates, or its licensors and is protected by U.S. and international intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not reproduce, republish, or exploit any content without prior written permission.

PEN & PUCK trademarks may not be used without written permission. Shopify trademarks are the property of Shopify Inc. All other trademarks belong to their respective owners.

Section 7 – Optional Tools

Third-party tools may be available through our site. These are offered “as is” without warranties or endorsement.

Use of any third-party tool is at your own discretion. Make sure you review the terms provided by the third-party provider.

New features introduced in the future will also be subject to these Terms.

Section 8 – Third-Party Links

We may include links or embedded content from third parties. We are not responsible for examining or evaluating their content or accuracy.

We are not liable for any harm caused by third-party websites, purchases, or services. Please review their policies before engaging in transactions.

Section 9 – Relationship with Shopify

Note: This section must remain unmodified per Shopify policy.
PEN & PUCK is powered by Shopify, which enables us to provide the Services. However, all purchases are made directly with PEN & PUCK. Shopify is not responsible for transactions between you and PEN & PUCK. You expressly release Shopify and its affiliates from any claims or damages arising from your use of our Services.

Section 10 – Privacy Policy

Personal information submitted through the Services is subject to our Privacy Policy, and to Shopify’s Privacy Policy.

Because our store is hosted by Shopify, your information may be processed or stored in other countries. Please review our privacy policy for full details on data collection and use.

Section 11 – Feedback

If you submit feedback, suggestions, reviews, or ideas to us, you grant us a perpetual, worldwide, royalty-free license to use, publish, and display that content for any purpose.

You confirm that:

• You own or have rights to your content

• Your feedback is honest and lawful

• You are not impersonating another person

We are not required to pay for, respond to, or keep your submissions confidential. We may monitor or remove content that violates these Terms.

Section 12 – Errors and Omissions

Occasionally, there may be errors or omissions in product details, pricing, shipping charges, or availability. We reserve the right to correct these errors and update information at any time, including after an order is submitted.

Section 13 – Prohibited Uses

You may not use the Services:

• For any unlawful or harmful purpose

• To infringe intellectual property rights

• To harass or impersonate others

• To spread spam, malware, or misleading content

• To bypass or interfere with security features

We reserve the right to terminate your access if you violate these terms.

Section 14 – Termination

We may terminate your access to the Services at any time, for any reason, without notice. You remain responsible for any outstanding obligations up to the termination date.

The following sections will survive termination: Intellectual Property, Feedback, Limitation of Liability, Indemnification, and all others that, by nature, should survive.

Section 15 – Disclaimer of Warranties

The Services and all products are provided “as is” and “as available.” We make no guarantees regarding accuracy, reliability, or uninterrupted access. Your use of the Services is at your own risk.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Section 15A – Product Use Disclaimer & Limitation of Liability

The content provided by PEN & PUCK, including but not limited to written, audio, video, and visual materials on this website and its associated platforms, is for informational purposes only. It is based on personal experience, customer feedback, and independent research. This content is not intended to serve as or replace professional medical advice, diagnosis, or treatment. Users are encouraged to consult a qualified healthcare provider regarding any medical concerns or the suitability of using our products.

By purchasing and using our products, including PEN & PUCK, you acknowledge and agree to the following:

• You are responsible for ensuring the product is appropriate for your intended use.

• You should consult with a healthcare professional before using the product if you or the intended user have a medical condition.

• The product is designed for adult use. It may be used on children ages three (3) and up only under adult supervision.

• For children ages three (3) and up, only the Small PEN (4" × 1.5") is recommended due to size and comfort.

• The product must be stored out of reach of children when not in use.

To the fullest extent permitted by applicable law, PEN & PUCK disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. PEN & PUCK, its owners, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or related to the use of our products or reliance on any content provided on our website or social platforms.

By accessing this site, using the Services, or purchasing any products, you agree to these terms and assume all associated risks.

Section 16 – Limitation of Liability

To the fullest extent permitted by law, PEN & PUCK and our affiliates, partners, or service providers will not be liable for any direct or indirect damages, including but not limited to loss of profits, data, or business opportunity, arising from your use of our Services or products—even if we were advised of the possibility.

Section 17 – Indemnification

You agree to indemnify and hold harmless PEN & PUCK, Shopify, and related parties from any claims or liabilities arising out of:

1. Your violation of these Terms

2. Your use of the Services

3. Your violation of any law or third-party rights

We may assume control of any defense at your expense and require your cooperation.

Section 18 – Severability

If any part of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain valid and enforceable to the fullest extent allowed by law.

Section 19 – Waiver and Entire Agreement

Our failure to enforce any provision does not constitute a waiver. These Terms and any referenced policies represent the entire agreement between you and PEN & PUCK.

Section 20 – Assignment

You may not assign your rights or obligations without written consent. We may assign or delegate these Terms without notice or restriction.

Section 21 – Governing Law

These Terms are governed by the laws of the state or jurisdiction where PEN & PUCK is headquartered. You consent to the personal jurisdiction and venue of the appropriate courts.

Section 22 – Headings

Headings are provided for convenience only and do not affect the interpretation of these Terms.

Section 23 – Changes to Terms

We may update or modify these Terms at any time. Please review this page periodically. We will notify you of any material changes, which take effect on the date specified. Continued use of the Services means you accept the updated Terms.

Section 24 – Contact Information

Questions about these Terms? Contact us at: