Overview

Welcome to PlantaCare! The terms "we," "us," and "our" refer to PlantaCare. PlantaCare operates this website and store, along with all related information, content, features, tools, products, and services, to provide you, our customer, with a curated shopping experience (the "Services"). PlantaCare uses Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced in this document (the "Terms of Service" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability. If you are a consumer based in the European Union or United Kingdom, nothing in these Terms limits the statutory rights available to you under the consumer protection law of your country of residence (see Section 24).

By accessing, using, or interacting with our Services in any manner, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or our Privacy Policy, you must not access or use our Services.

Section 1 — Access and Account

By agreeing to these Terms of Service, you confirm that you are of legal age in your state, province, or country of residence, and you consent to allow any minor dependents to use the Services on devices you own, purchase, or otherwise control.

To use the Services — including browsing our online store or purchasing any product or service we offer — you may need to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or otherwise formally hand over your account to any other person.

Section 2 — Our Products

We work hard to present our products accurately in our online store. However, please note that colors and appearance may vary from what is shown on your screen depending on the device you use to access the store and its display settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match the display or presentation in our online store.

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 may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

Our products are designed to provide general comfort, support, or relief and are not medical devices, diagnostic tools, or treatments unless expressly stated and certified as such. See Section 16 for important product and health information.

Section 3 — Orders

When you place an order, you are making an offer to purchase. PlantaCare reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not accepted until PlantaCare confirms acceptance. Before we can accept your order, we must receive and process your payment. Please review your order carefully before submitting it, as PlantaCare may not be able to accommodate cancellation requests once an order has been accepted. If we are unable to accept, need to modify, or cancel your order, we will try to notify you using the email address, billing address, and/or phone number you provided when placing the order.

You may return or exchange your purchases in accordance with our Refund Policy [LINK] and, where applicable, your statutory right of withdrawal described in Section 15.

You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export, unless we have agreed otherwise in writing.

Section 4 — Pricing 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 your order is placed and will be shown in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, duties, shipping, handling, or import costs, which may apply depending on your delivery address.

Where we display prices in a currency other than euros (for example, through Shopify Markets), the converted amount is shown for your convenience; your card issuer or payment provider may apply its own exchange rate and fees.

Prices shown in our online store may differ from prices offered in physical stores, or in other online or offline channels operated by third parties. From time to time we may offer promotions that affect pricing, governed by terms separate from these Terms of Service; if the promotion's terms conflict with these Terms, the promotion's terms control.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store, and to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) any payment details you provide are true, correct, and complete; (ii) you are duly authorized to use the payment method for the purchase; (iii) charges will be honored by your card issuer or payment provider; and (iv) you will pay the charges at the listed prices, including any shipping, handling, and applicable taxes.

Section 5 — Shipping and Delivery

We are not responsible for delays in shipping or delivery. All delivery timeframes are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events outside our control. International orders may be subject to customs duties, import taxes, and clearance delays, which are your responsibility unless we state otherwise at checkout.

If you are a consumer located in the European Union or United Kingdom, risk of loss or damage to the goods passes to you only once you (or a third party you have nominated, other than the carrier) takes physical possession of the goods, in accordance with applicable consumer protection law. For all other orders, ownership and risk of loss pass to you once we hand the products to the carrier.

Section 6 — Intellectual Property

Our Services — including but not limited to all trademarks, text, displays, images, graphics, product reviews, videos, and audio, and their design, selection, and arrangement — are owned by PlantaCare, its affiliates, or licensors, and are protected by applicable copyright, trademark, and other intellectual property laws.

These Terms grant you a limited license to use the Services for personal, non-commercial use only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, transmit, or store any material from the Services. Except as expressly stated in this document, nothing in these Terms grants or should be construed as granting any license or other right to any patent, trademark, copyright, or other intellectual property of PlantaCare, Shopify, or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved by PlantaCare.

PlantaCare's names, logos, product and service names, designs, and slogans are trademarks of PlantaCare or its affiliates or licensors. You may not use these trademarks without PlantaCare's prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans within the Services are the trademarks of their respective owners.

Section 7 — Optional Tools

As part of the Services, we may give you access to third-party tools that we neither monitor nor control.

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 have no liability arising from or related to your use of optional third-party tools.

Any use of optional tools available through the store is entirely at your own risk and discretion, and you should ensure you are familiar with, and approve of, the terms under which the relevant third-party providers make such tools available.

We may also, in the future, offer new features or tools through the Services. Such new features are also considered part of the Services and are subject to these Terms of Service.

Section 8 — Third-Party Links

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 reviewing or evaluating the content or accuracy of any third-party materials or websites you access. If you choose to leave the Services to access such third-party content or websites, you do so at your own risk.

We are not liable for any harm related to your access to third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites. Before completing any transaction, review the relevant third party's policies and practices to make sure you understand them. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 9 — Our Relationship with Shopify

PlantaCare uses Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with PlantaCare. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and PlantaCare, including any injury, damage, or loss arising from purchased products and services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with PlantaCare.

Section 10 — Privacy Policy

Any personal data we collect through the Services is subject to our Privacy Policy, available here [LINK]; some personal data 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 on the Shopify platform, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services. Information you provide through the Services will be transferred to and shared with Shopify and third-party providers, which may be located in countries other than your country of residence, so that we can provide the Services to you. For more detail on how we, Shopify, and our partners use your personal data, please read our Privacy Policy [LINK].

Section 11 — Feedback

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

You also represent and warrant that: (i) you own or otherwise control all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentive you received in connection with submitting Feedback; and (iii) your Feedback will comply with these Terms. We are not obligated to (1) keep any Feedback confidential; (2) pay you for any Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that your Feedback will not be defamatory or otherwise unlawful, offensive, or obscene, and will not contain computer viruses or other malicious software that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no liability for Feedback posted by you or any third party.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally, the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, 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 and without prior notice (including after an order has been submitted).

Section 13 — Prohibited Uses

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial, or local regulation, rule, law, or ordinance; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) to send or facilitate unsolicited advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) for any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we determine could harm PlantaCare, Shopify, or users of the Services or expose them to liability.

You also agree not to: (a) upload or transmit viruses or any other malicious code that is used or could be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, phish, pretext, spider, crawl, or scrape; (e) use any robot, spider, scraper, data-mining tool, automated device or process, artificial intelligence tools (such as agentic AI), or other automated or manual means to access the Services, except where we have explicitly authorized this; or (f) interfere with or circumvent the security or authorization features of the Services, exclusion headers, or other measures we use to restrict access. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine you have violated any part of these Terms.

Section 14 — Agents

14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause an agent to be installed to access or use, or interact with, any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or under the direction of any person or entity, and which may operate on or using a person’s device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless its identity is disclosed at all times, and it operates in strict compliance with the requirements of Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

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

14.4 Agents must ensure the following: (i) in all HTTP/HTTPS requests, they identify that the request originates from an Agent and disclose the Agent’s name so that the technical request identifier includes “Agent/[agent name]”; (ii) they do not conceal or obscure the fact that any access, use, or interaction originates from an Agent, for example by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHA protections or other measures designed to determine whether interactions originate from a human or a computer; (iii) they answer truthfully any question or prompt intended to determine whether interactions originate from a human or a computer; (iv) they do not bypass or otherwise prevent any measure designed to block, limit, modify, or control an Agent’s access to or use of any Shopify consumer-facing Service or its interaction with it.

Section 15 — Right of Withdrawal (EU and UK Consumers)

This section applies if you are a consumer (that is, purchasing for purposes outside any trade, business, craft, or profession) resident in the European Union or the United Kingdom.

You have the right to withdraw from your purchase within 14 days of receiving your order, without giving any reason. The withdrawal period expires 14 days from the day you (or a third party you nominate, other than the carrier) take physical possession of the goods, or, for orders comprising multiple items delivered separately, 14 days from receipt of the last item.

To exercise your right of withdrawal, you must inform us of your decision by a clear statement (for example, an email to plantacare.support@gmail.com) before the withdrawal period expires. You may, but are not required to, use a model withdrawal form if we provide one.

If you withdraw from this contract, we will reimburse all payments received from you, including standard delivery costs (excluding any extra costs arising if you chose a delivery type other than the least expensive standard delivery we offer), without undue delay and in any event within 14 days of the day we are informed of your decision to withdraw. We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent them back, whichever is earlier. We will use the same payment method you used for the original transaction, unless you expressly agree otherwise, and you will not incur any fees as a result of the reimbursement.

You must send back the goods, or hand them over to us, without undue delay and in any event no later than 14 days from the day you communicate your withdrawal to us. You will bear the direct cost of returning the goods, unless we have agreed to cover this cost or the goods are faulty or not as described. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

This right of withdrawal is in addition to any rights you have under our Refund Policy [LINK], and, to the extent permitted by applicable law, does not apply to goods made to your specification, personalized, or liable to deteriorate or expire rapidly.

Section 16 — Product and Health Information

Our products are designed to provide general comfort, support, and relief for common foot- and posture-related discomfort. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or medical condition, unless a specific product is expressly labeled and certified as a medical device under applicable law (for example, CE-marked under the EU Medical Device Regulation, or cleared or approved by the relevant authority in your country).

Individual results vary. Product descriptions, reviews, and marketing content describe how our products are generally intended to be used and are not a substitute for professional medical advice, diagnosis, or treatment. If you have a pre-existing medical condition — including but not limited to diabetes, poor circulation, nerve damage, a skin condition, or a recent injury or surgery — or if you are pregnant, please consult a doctor, podiatrist, or other qualified healthcare professional before using any of our products. Discontinue use and seek medical advice if you experience pain, numbness, irritation, or any adverse reaction.

Nothing on our website, in our marketing, or in these Terms should be understood as medical advice.

Section 17 — Term and Termination

This agreement or your access to the Services (or any part of the Services) may be terminated by us at any time, without prior notice, at our sole discretion, and you will remain responsible for payment of any amounts due up to and including the date of termination.

The following sections survive any termination: Intellectual Property, Feedback, Term and Termination, Limitation of Liability, Disclaimer of Warranties, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 18 — Disclaimer of Warranties

The information presented in or through the Services is provided 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 at your own risk. We disclaim all liability 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 their contents.

EXCEPT AS EXPRESSLY STATED OTHERWISE, AND SUBJECT TO THE STATUTORY RIGHTS DESCRIBED BELOW, THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, REPRESENTATIONS, 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, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Nothing in this section excludes or limits any statutory guarantee, warranty, or right that cannot lawfully be excluded or limited under the law of your country of residence — for example, the legal guarantee of conformity available to consumers in the European Union, or your rights under the Consumer Rights Act 2015 if you are a consumer in the United Kingdom. Some jurisdictions do not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you.

Section 19 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLANTACARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, 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 THE SERVICES OR ANY PRODUCTS OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for defective products under applicable product liability law, or for any other liability that cannot be excluded or limited under the law of your country of residence. If you are a consumer in the European Union or United Kingdom, this section does not affect your statutory rights, and our liability is limited only to the extent permitted by the mandatory consumer protection law that applies to you.

Section 20 — Indemnification

You agree to indemnify, defend, and hold harmless PlantaCare, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, and claims, including reasonable attorneys' fees, made by any third party arising out of or related to (1) your breach of these Terms of Service or any documents referenced 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 indemnification claim; a delay in notice will not relieve you of your obligations except to the extent it causes you material prejudice. We may control the defense and settlement of such a claim at your expense, including choice of counsel, but we will not settle any claim requiring you to admit fault or accept a non-monetary obligation without your consent (not to be unreasonably withheld). You will cooperate with the defense of any indemnified claims, including by providing relevant documents.

Section 21 — Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

Section 22 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, along with any operating rules we post on this website or in connection with the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of these Terms of Service).

Any ambiguity in the interpretation of these Terms of Service will not be construed against the party that drafted them.

Section 23 — Assignment

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

Section 24 — Governing Law and Jurisdiction

These Terms of Service, and any separate agreements through which we provide you the Services, are governed by and interpreted in accordance with the laws of the Republic of Slovenia, without regard to conflict-of-law principles, and subject to the jurisdiction of the competent courts of Slovenia, except as set out below.

If you are a consumer habitually resident in the European Union or the United Kingdom, this choice of law does not deprive you of the protection afforded by any mandatory provisions of the law of your country of residence that cannot be excluded by agreement, and you may bring proceedings in the courts of your country of residence, in addition to the courts of Slovenia. Nothing in this section limits any right you may have under applicable consumer protection or product liability law to bring a claim in your local courts.

If you are a consumer resident in the United States or another jurisdiction outside the EU/UK, mandatory consumer protection laws of your state or country of residence that cannot lawfully be waived will continue to apply notwithstanding this clause, to the extent required by applicable law.

Section 25 — Headings

The section titles used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 26 — Changes to These Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for 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 stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 27 — Contact Information

Questions about these Terms of Service can be sent to plantacare.support@gmail.com.

Our contact details are:

PlantaCare

plantacare.support@gmail.com