Terms & Conditions

 

Section 1: Internet Platform

 

Pato Matus operates the online shop located at patomatus.com on the internet. The web shop primarily offers prints and artwork that are owned by Pato Matus. All information, images, or references found on the website patomatus.com are also the property of Pato Matus. Visitors to patomatus.com do not need to become members (“users”). However, registration is required for making purchases on the patomatus.com website.

 

As a user, you have the option to receive information about upcoming sales campaigns via patomatus.com. Please note that registration is necessary for making purchases on the patomatus.com website.

 

You have the right to opt out of having your private information sold to third parties (sites that are independent and completely external to patomatus.com) by clicking the “Don’t sell my personal information” link, which can be found on the Home page of patomatus.com.

 

Section 2: Validity of the General Terms and Conditions

 

2.1 By registering on our platform, you indicate your agreement with these General Terms and Conditions (“T&C”). These T&C outline the terms under which you may utilize the services provided by patomatus.com.

 

2.2 You can access and print these T&C at any time from the “T&C” section on the website.

 

2.3 The general terms and conditions of users, members, and partners will not apply to any direct transactions with patomatus.com, even if not explicitly rejected by patomatus.com. This also applies if a user, member, or partner has specified a specific format for submitting objections. Patomatus.com only accepts purchases from individuals who are 18 years old or older, in accordance with the general laws of most EU countries. Different terms and conditions will not apply unless they have been explicitly confirmed in writing in advance by Pato Matus.

 

 

Section 3: Registration, Termination, and Customer Account Restrictions

 

3.1 Registration on patomatus.com is completely free of charge. While registration is mandatory for making purchases on the website, it does not impose any costs or obligations to buy. Registering is a prerequisite for any purchase on patomatus.com. It’s important to note that neither Patomatus nor patomatus.com compel you to make any purchases. The decision to purchase is entirely at your discretion and is independent of your current physical, mental, or health condition. Registering does not entitle you to a legally binding contract.

 

3.2 During the registration process and throughout your interaction with patomatus.com, you are required to provide accurate and complete information, including a fully functional email address, as well as your name, last name, address, postal code, telephone number, and more. If any of the information provided to patomatus.com changes, you are obligated to promptly update your account.

 

3.3 Each individual may register only once at the time of making a purchase on patomatus.com. Simultaneous registration of multiple membership accounts is not allowed. Any attempt to circumvent these rules is prohibited and may lead to the termination of your ability to purchase products through patomatus.com.

 

3.4 Registered users are responsible for maintaining the confidentiality of their passwords and preventing unauthorized access to their accounts or the purchasing process. In the event of any indication that a member account has been or might be compromised by a third party, hacked, or involved in any conflicts related to payments, personal information, privacy, personal bank credit, or disputes with any bank or financial institution, whether private or public, members must immediately inform patomatus.com.

 

3.5 patomatus.com reserves the right to delete registered accounts of buyers/customers that have been inactive for a period of 6 months or whose account holders can no longer be reached at the provided email address.

 

3.6 Members can cancel their registration on patomatus.com at any time, free of charge, with immediate effect. To cancel, you can send an email to customer services at info@patomatus.com.

 

3.7 patomatus.com may duly cancel any registration at any time, with a notice period of 14 days. However, personal information will be retained for a minimum of 6 months, as stated in section 3.5.

 

3.8 patomatus.com reserves the right to block, restrict, or terminate a registration without adhering to the notice period if there is reason to believe that the member has violated legal regulations, the rights of third parties, these T&C, or the shop regulations.

 

 

Section 4: Conclusion of Contract and Reservation of Title

 

5.1 The product descriptions and goods presentations on the patomatus.com website during sales campaigns do not constitute a legally binding offer but serve as an invitation for private customers to place orders for goods or services. There is no legal entitlement to the availability and deliverability of the advertised products. Sales campaigns are exclusively intended for consumers, defined as natural persons (over 18 years old) entering into a legal transaction for non-commercial or non-independent professional purposes. Orders may only be placed for quantities typically required by a household. patomatus.com reserves the right to subject orders placed during sales campaigns to specific individual conditions.

 

4.2 To order a product featured on patomatus.com, please follow these steps: Add an item to your shopping cart. Provide delivery and payment information. Actively agree to the General Terms and Conditions and the Cancellation Policy. Confirm your order by clicking the “Place Order” button. By submitting your online order, you are making an offer to patomatus.com to enter into a legally binding contract. By clicking “Place Order,” you are placing a binding order for the items in your cart, confirming that you have the necessary authorization to make such an order. Minors must obtain permission from their legal representatives.

 

4.3 Upon receipt of your order, you will receive an automated email confirming the receipt of your offer, thereby finalizing the contract. Please note that all goods remain the property of patomatus.com until full payment of the purchase price is received, and all claims arising from the sale have been settled. You are not authorized to dispose of the goods until ownership has been transferred. In the event of third parties making claims on the goods, you must promptly inform patomatus.com.

 

4.4 If, before concluding the contract, patomatus.com determines that the ordered product is unavailable, we will promptly notify you and refund any payments received. In cases where, after the contract has been concluded, patomatus.com discovers that the ordered product is unavailable due to late or incorrect delivery (including delivery shortfalls) by our suppliers (where patomatus.com is not responsible), and despite having a contract with the supplier for the delivery of the goods in question, we reserve the right to withdraw from the contract. In such instances, patomatus.com will promptly inform you of the unavailability of the ordered product and refund any payments received.

 

4.5 patomatus.com reserves the right to reject offers without specifying reasons. Specifically, patomatus.com may reject an offer if: the delivery address is outside the EU; there are indications that the person placing the order is not a consumer; an order exceeds the typical household quantity; payment is not received, even after sending a reminder and stipulated payment period.

 

 

Section 5: Use of patomatus.com Services

 

5.1 patomatus.com provides its services within the bounds of recognized technological capabilities. We reserve the right to restrict our services when necessary due to capacity limitations, server security, server integrity, or to perform technical tasks aimed at providing or enhancing existing services (maintenance work). For technical reasons, unforeseen system failures may occasionally impact the full utilization of our services.

 

5.2 It is strictly prohibited to use our services in any manner that contravenes statutory obligations, infringes upon the rights of third parties, or violates public morals. Additionally, any use of our services that constitutes abuse or has the potential to tarnish the reputation of patomatus.com is strictly prohibited. Specifically, the following purposes for using our services are prohibited:

 

    •    Engaging in or promoting anti-competitive activities, including activities related to progressive customer recruitment such as chain, pyramid, or snowball schemes.

    •    Utilizing content deemed pornographic or in violation of youth protection laws, or advertising, offering, and/or selling products of such nature.

    •    Employing malicious software, including but not limited to “robot-readers,” “spider-readers,” or “offline-readers,” to abuse our services.

    •    Uploading copyrighted content to our service unless the user possesses the rights to such content or has obtained the necessary permissions.

    •    Operating outside the boundaries of the law and using patomatus.com in a manner that negatively impacts the availability of our services to other users.

    •    Disseminating offensive, racist, or otherwise illegal content or information via our services, including defamatory or libelous content, regardless of whether the content pertains to other users, company employees, or other individuals or companies.

    •    Using photos with defamatory, offensive, racist, or otherwise illegal or immoral content.

    •    Sending chain letters.

    •    Intercepting or attempting to intercept messages.

    •    Advertising for shopping clubs.

    •    Sending messages for commercial purposes.

    •    Using our services to threaten or harass others unduly (especially through the transmission of spam emails) or violating the rights of third parties, including their personal rights.

    •    Employing temporary email addresses from so-called 10-minute mail services.

    •    Publishing the names, addresses, telephone or fax numbers, email addresses, usernames, and/or other contact information of messenger services.

 

5.3 patomatus.com, in collaboration with Stripe payment services, collects your payment history, basic personal information, and address data solely for the purpose of completing the necessary information required for one or more purchases through patomatus.com. Your payment history and basic personal information, including names, addresses, phone numbers, and email addresses, are never shared or sold by patomatus.com under any circumstances. We are committed to safeguarding your privacy and personal information.

 

Section 6:  Warranty and Liability

 

6.1 The warranty is primarily governed by the laws of Denmark and general EU laws. In case of product defects, you have the legal right to seek remedies, including the delivery of non-defective goods, contract cancellation, or a price reduction.

 

6.2 patomatus.com’s liability for damages to consumers is limited. Liability for damages is excluded except where provided otherwise below. Our liability for damages arises only in cases of willful misconduct or gross negligence, including such conduct by our representatives or service providers (such as print labs, shipping services, or other product suppliers). Furthermore, patomatus.com is liable for damages only when there is a culpable breach of a significant contractual obligation. A significant contractual obligation is one that is essential for the proper performance of the contract and upon which you can reasonably rely. Additionally, patomatus.com is liable for damages in cases of willful acts, personal injury, or damage to health, including mandatory liability under product liability laws.

 

The same limitations on liability for damages apply to companies that directly or indirectly participate in sales campaigns contrary to § 4. Liability for damages in such cases is limited to foreseeable losses or damages typical of the contract, except in cases of willful misconduct or liability for personal injury, or damage to health.

 

6.3 The aforementioned exclusions and limitations of liability do not apply when patomatus.com has explicitly provided guarantees. Please note that returns in the form of refunds or goods replacements are not possible if the product packaging has been opened, altered, or modified in any way. If the packaging remains unopened, you may initiate a return within 14 days of the purchase date. To do so, please inform us via email, providing full details regarding the reason for the return. You must also include photographs of the unopened package, showing both sides and corners, along with images and videos depicting the seals, labels, and packaging to demonstrate that the package has not been opened “prior to your attempted return.”

 

Section 7: Disclaimer, Copyright, and Concluding Conditions

 

7.1 Disclaimer

 

The user agrees to indemnify patomatus.com against all claims brought by third parties alleging violations of their rights, these Terms and Conditions, the shop regulations, or applicable laws related to the use of patomatus.com. The user also agrees to cover the costs associated with necessary legal defense, including court costs and attorney’s fees, as incurred. This indemnification does not apply if the user is not responsible for the alleged violations of third-party rights or any breaches of these Terms and Conditions, the shop regulations, or laws. The user is obligated to promptly, truthfully, and completely provide patomatus.com with any information required to verify the claims and defend the case if a third party initiates legal proceedings. Any delays in providing information will be at the user’s expense.

 

7.2 Copyright and Rights of Use

 

The content provided by patomatus.com is protected by database, copyright, and trademark laws. This content may not be copied, disseminated, used, or reproduced in any manner without the prior consent of the respective owners. This prohibition includes any copies created with the assistance of robots, crawlers, or other automated mechanisms. Any use or modification of the services for purposes other than their intended use is prohibited. In particular, copying or reproducing content, offers, directories, databases, etc., for commercial purposes is strictly prohibited and will be subject to both criminal and civil legal proceedings within the scope of existing legal remedies.

 

7.3 Concluding Conditions

 

10.3.1 If any individual clauses of these Terms and Conditions are entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In such cases, the parties agree to negotiate with the aim of replacing the invalid clauses or loopholes with clauses that most closely align with the original intent of the parties while preserving the interests of both parties.

 

7.4  These Terms and Conditions are governed by the laws of Denmark, excluding the UN Convention on the Sale of Goods and any references to foreign law. If you are a consumer, any mandatory regulations of the state in which you have your normal place of residence remain unaffected.

 

7.5 If you are a merchant, legal person under public law, or a special fund governed by public law, or if you do not have your general place of jurisdiction in Denmark or another EU member state, Copenhagen will be the place of jurisdiction for any disputes arising from this contract.

 

7.6 Except for the shop regulations, no ancillary agreements have been made, and any such agreements must be in written form.

 

 

Section 8: Product-Specific Terms and Conditions

 

8.1 By purchasing products from the patomatus.com website, you agree to adhere to the product-specific terms and conditions outlined below. These terms govern the use, ownership, and handling of products offered by patomatus.com:

 

8.2 Ownership and Usage Rights

 

Upon purchasing a product from patomatus.com, you acquire ownership of the physical item. However, please note that intellectual property rights, including copyrights and trademarks, associated with the product content and design remain the exclusive property of patomatus.com or its respective licensors.

 

8.2 Usage Restrictions

 

8.3 Products purchased from patomatus.com are intended for personal use and enjoyment. Unless explicitly authorized in writing by patomatus.com, you may not reproduce, distribute, or commercially exploit the product, including any images, artwork, or content contained therein.

 

8.4 You may not modify, alter, or manipulate the product in any way that infringes upon the intellectual property rights of patomatus.com or its licensors.

 

9 Product Representations

 

9.1 While we strive to provide accurate representations of our products, please be aware that the appearance and colors of products may vary slightly from what is displayed on the website due to factors such as screen settings and individual interpretations.

 

9.2 Any product descriptions or specifications provided on the website are for informational purposes and do not constitute a binding offer. The purchase of a product is considered an offer, and acceptance occurs when patomatus.com confirms the order and delivers the product.

 

9.3 Product Care and Maintenance

 

9.4 We recommend following any care instructions provided with the product to ensure its longevity and proper maintenance.

 

9.5  Damage caused by improper use, handling, or maintenance of the product is not covered by warranties or guarantees, unless explicitly stated otherwise.

 

1. Returns and Refunds

 

10.1 Returns and refunds for products are subject to the terms outlined in Sections 8 (Warranty and Liability) and 9.3 (Concluding Conditions) of these Terms and Conditions. Where the client is responsible for the cost of the shipping. Amount that will be deducted from the Refund of the product . And all this procedure consider the filling of a form, which will be sent to the client by us.

 

10.2  Patomatus.com reserves the right to determine the eligibility of a product for return or refund, taking into consideration the circumstances and adherence to these Terms and Conditions.

 

1. Additional Terms

 

11.1 For specific product categories or offerings, patomatus.com may introduce additional terms and conditions that apply exclusively to those products. In such cases, these additional terms and conditions will be clearly communicated to the user during the purchase process and will become an integral part of the agreement.

 

11.2 By purchasing a product from patomatus.com, you acknowledge and accept these product-specific terms and conditions in addition to the general Terms and Conditions outlined in earlier sections.

 

These product-specific terms and conditions are designed to provide clarity and transparency regarding the use and ownership of products purchased from patomatus.com. We encourage you to review these terms carefully before making a purchase.