Terms of service

Welcome to My Cute Friend! The terms "we", "us" and "our" refer to My Cute Friend. My Cute Friend operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). My Cute Friend is powered by Shopify, which enables us to provide the Services to you. The following terms and conditions as well as all policies referenced herein (these "General Terms and Conditions" or "Terms") describe your rights and obligations when using the Services.

Please read these General Terms and Conditions carefully as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, using, or interacting with our Services, you agree to these General Terms and Conditions and our Privacy Policy . If you do not agree to these General Terms and Conditions or the Privacy Policy, you should not use or access our Services.

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

To use the Services, including accessing or browsing our online stores or purchasing the products and services offered by us, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent 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 login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any third party.

We have made every effort to display our products and services in our online stores as accurately as possible. However, please note that the colors or appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match the images or representations 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 discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

When you place an order, you are making an offer to purchase. My Cute Friend reserves the right to accept or decline your order in its sole discretion for any reason. Your order is not accepted until My Cute Friend confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as My Cute Friend may no longer be able to accommodate cancellation requests once an order is accepted. If we do not accept an order, or if we modify or cancel it, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time the order was placed.

The return or exchange of your purchases is governed exclusively by our Return Policy.

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

SECTION 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 the order is placed and will be set out in your order confirmation email. Unless explicitly stated otherwise, listed prices do not include taxes, shipping charges, handling fees, customs duties, or import taxes.

Prices listed in our online stores may differ from prices in physical stores or online stores operated by third parties. We may from time to time offer promotional activities related to our Services, which may affect pricing and are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account information and other data, including your email address and 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 supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes.

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We assume no responsibility for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand over the goods to the shipping carrier, title and risk of loss pass to you.

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio files, as well as their design, selection, and arrangement, are owned by My Cute Friend, its affiliates, or licensors and are protected by US and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. Without our prior written consent, you must not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works of any of the materials on the Services. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of My Cute Friend, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by My Cute Friend.

The names, logos, product and service names, designs, and slogans of My Cute Friend are trademarks of My Cute Friend or its affiliates or licensors. You must not use such marks without the prior written permission of My Cute Friend. 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 on the Services are the trademarks of their respective owners.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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 by you 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 on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall also be subject to these General Terms and Conditions.

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services to access these third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to external websites or your purchase or use of goods, services, resources, or content made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

My Cute Friend is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly with My Cute Friend. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and My Cute Friend, including any injuries, damages, or losses 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 out of or in connection with your purchases and transactions with My Cute Friend.

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here , and certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services will be transmitted and shared with Shopify and third-party providers, who may be located in a country other than your country of residence, in order to provide services to you. For more information on how we, Shopify, and our partners use your personal data, please see our Privacy Policy.

If you send, upload, post, email, or otherwise submit ideas, proposals, feedback, reviews, suggestions, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services as well as to fulfill our obligations and exercise our rights under these General Terms and Conditions.

You further represent that: (i) you own or control all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these General Terms and Conditions.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or 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, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains 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 submitted your order).

You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (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 discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm My Cute Friend, Shopify, or users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect 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; (e) use any robot, spider, scraper, data gathering/extraction tools, automated devices or processes, AI tools (e.g., agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or manipulate security or authorization features, robot exclusion headers, or other measures used to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause an Agent to access, use, or interact with the Services. "Agent" means any software or service acting autonomously or semi-autonomously on behalf of or at the direction of a person or entity and capable of running without direct supervision on a person's device.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in Section 14.4 below. Furthermore, no Agent is permitted to access, use, or interact with the Services if we have requested it to refrain from doing so.

14.3 We may, including through technical measures, restrict whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents: (i) must state in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including "Agent/[Agent Name]" in the User-Agent header; (ii) must not conceal or disguise that access, use, or interaction originates from an Agent, such as by (a) imitating human behavioral patterns or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) must truthfully answer questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) must not bypass or avoid measures intended to prevent, restrict, modify, or control how Agents access, use, or interact with Shopify Consumer Services.

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

The following sections shall survive any termination: Intellectual Property, Feedback, 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.

The information provided on or through the Services is for general informational purposes only. 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 and responsibility 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 its contents.

EXCEPT AS EXPRESSLY STATED BY MY CUTE FRIEND, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER 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 GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MY CUTE FRIEND, 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 PRODUCTS PROCURED 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

You agree to indemnify, defend, and hold harmless My Cute Friend, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these General Terms and Conditions or the 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 failure to provide prompt notice will not relieve you of your obligations unless you suffer material prejudice thereby. We may control the defense and settlement of any such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any indemnification claim, including providing relevant documents.

In the event that any provision of these General Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.

These General Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, 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 General Terms and Conditions).

Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

You may not delegate, assign, or transfer this agreement or your rights and obligations under these Terms without our prior written consent; any such attempt is void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

These General Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction of the courts located at the headquarters of My Cute Friend. You and My Cute Friend consent to the personal and subject-matter jurisdiction of such courts.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You can review the most current version of the General Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these General Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms as required by law, and such changes will take effect on the date specified in the notice. Your continued use of or access to our Services following the posting of any changes to these General Terms and Conditions constitutes acceptance of those changes.

Questions about the General Terms and Conditions should be sent to us at mycutefriend.info@gmx.de.

Our contact details are provided below:

My Cute Friend

mycutefriend.info@gmx.de

Pfenningsbusch 26, 22081 Hamburg, Germany

+49 179 6713517