Terms of Service

Seller: MT Ecommerce GmbH (“we,” “us,” “our”)
Krenngasse 12, 8010 Graz, Austria
Customer Support: support@pillowdaddy-us.com

These Terms of Service (“Terms”) govern your access to and use of our website (the “Site”) and your purchase of products from us. By using the Site or placing an order, you agree to these Terms.

1.) Scope and definitions

1.1 These Terms apply to all purchases of products offered on our Site. Any conflicting or additional terms proposed by you do not apply unless we expressly agree in writing.
1.2 “Consumer” means an individual purchasing for personal use. “Business customer” means a person or entity purchasing for commercial purposes.

2.) Eligibility

You must be at least the age of majority in your place of residence to place an order.

3.) Orders and contract formation

3.1 Product listings are an invitation to place an order and are not a binding offer.
3.2 When you place an order, you make an offer to buy the items in your cart.
3.3 We accept your offer when we (a) send an order confirmation/shipping confirmation email, (b) ship the goods, or (c) charge your payment method—whichever occurs first.
3.4 We may decline, cancel, or limit orders at our discretion (for example, due to suspected fraud, incorrect pricing, stock/availability issues, or shipping constraints). If we cancel after you have been charged, we will issue a refund for the canceled items.

4.) Prices, currency, taxes

4.1 Prices are shown on the Site in the currency displayed at checkout (typically USD for US customers), unless stated otherwise.
4.2 Taxes may be collected where required and shown at checkout.
4.3 Any shipping fees are shown at checkout or on the product page.

5.) Payment

5.1 We offer payment methods made available at checkout, which may include Shopify Payments, Stripe, and PayPal. Your payment is processed by the provider you select and is subject to that provider’s terms and policies.
5.2 By submitting payment information, you represent that you are authorized to use the payment method.

6.) Shipping, delivery, and dropshipping disclosure

6.1 Shipping origin: Our products may ship from overseas warehouses, including China.
6.2 Delivery times: Delivery estimates shown on the Site are estimates, not guarantees. We will make reasonable efforts to ship within the advertised timeframe. If no timeframe is stated, US rules generally expect shipment within 30 days; if we cannot ship on time, we must provide notice and offer a delay option or refund consistent with those rules.
6.3 Tracking: If tracking is available, we will provide it by email or in your account/order status page.
6.4 Address accuracy: You are responsible for providing a complete and accurate shipping address. If a package is returned or delivery fails due to an incorrect address or failure to accept delivery, we may charge you for additional shipping costs or treat the order as returned (see our Return/Refund Policy).
6.5 Customs, duties, and import fees: Depending on your location and shipment, customs duties or import fees may apply. Unless we state otherwise at checkout, you are responsible for any such charges.
6.6 No local pickup: Local pickup is not available.

7.) Title and risk of loss

Title to products passes to you upon delivery to the shipping address (or when delivery is attempted, as applicable under the carrier’s rules). Risk of loss passes to you upon delivery to the carrier for business customers; for consumers, risk of loss typically transfers upon delivery to you, subject to applicable law.

8.) Returns, refunds, and cancellations

8.1 Returns and refunds are governed by our Return/Refund Policy (posted on the Site and incorporated into these Terms by reference).
8.2 If you need help, contact support@pillowdaddy-us.com.
8.3 Order cancellations are not guaranteed once processing begins; if cancellation is possible, we will confirm by email.

9.) Product information; availability

9.1 We try to display product descriptions and images accurately. Colors and appearance may vary by device.
9.2 We may change or discontinue products at any time.

10) Warranty and disclaimers (important)

10.1 To the maximum extent permitted by applicable law, the Site and products are provided “AS IS” and “AS AVAILABLE.”
10.2 Disclaimer of implied warranties: To the maximum extent permitted by applicable law, we disclaim all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. In many US states, disclaimers of implied warranties must be conspicuous and specifically mention “merchantability.”
10.3 Some states do not allow limitations on implied warranties or certain exclusions, so some of the above may not apply to you.
10.4 No separate written warranty: Unless we explicitly provide a written warranty statement for a product, we do not provide a written warranty. If we do provide a written warranty, US federal warranty rules (Magnuson-Moss) may apply.

11.) Limitation of liability

To the maximum extent permitted by law:

• We will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill.

• Our total liability for any claim relating to the products or the Site will not exceed the amount you paid us for the product(s) giving rise to the claim.

Some states do not allow certain limitations, so these limits may not apply to you.

12.) Indemnification

You agree to indemnify and hold us harmless from claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms or misuse of the Site.

13.) Intellectual property

All content on the Site (text, graphics, logos, images, and software) is owned by us or our licensors and is protected by intellectual property laws. You may not copy, distribute, or exploit Site content without our written permission.

14.) Acceptable use

You agree not to:

• violate laws or regulations;

• interfere with the Site’s operation or security;

• attempt unauthorized access to accounts/systems;

• use the Site to transmit malware, spam, or unlawful content.

15.) Communications

By using the Site or placing an order, you consent to receive communications from us electronically (e.g., email) regarding your order and customer service.

16.) Governing law; venue

These Terms are governed by the laws of the Republic of Austria, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a consumer, you may also have mandatory rights under the laws of your state of residence that cannot be waived.

Venue: For business customers, exclusive venue is Graz, Austria. For consumers, venue may be determined by applicable mandatory consumer protection laws.

17.) Alternative dispute resolution

We are not obligated and do not agree to participate in dispute resolution proceedings before a consumer arbitration board.

18.) Changes to these Terms

We may update these Terms from time to time. The “Effective Date” will indicate when changes take effect. Your continued use of the Site after changes means you accept the updated Terms.

19.) Severability

If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.

20.) Entire agreement

These Terms, together with policies referenced here (including the Return/Refund Policy and Privacy Policy), constitute the entire agreement between you and us regarding purchases and Site use.