Terms of service
- Scope
These Terms of Sale apply to consumer purchases placed through https://www.pawsandpistonsmc.com for products sold by André Guilherme Graça dos Santos under the brand Paws&PistonsMC™.
By placing an order, you confirm that you are acting as a consumer or, where you are acting on behalf of a business, that you have authority to bind that business. Where mandatory consumer law applies, nothing in these Terms limits or excludes rights that cannot lawfully be excluded or limited.
- Seller identity
The Seller is André Guilherme Graça dos Santos, a sole proprietor established at Travessa do Vale de Caminhos 54, 4605-138 Mancelos, Amarante, Porto, Portugal, NIF PT254644864, contactable at support@pawsandpistonsmc.com.
- Product information
We aim to describe products accurately and present photographs, mock-ups, colours, sizing, and specifications as clearly as reasonably possible. However, minor differences in colour, placement, finish, texture, scale, and print result may occur due to screen settings, photography, manufacturing tolerances, and fulfilment methods.
Measurements, garment dimensions, and fit references are approximate unless expressly stated as guaranteed measurements. Customers remain responsible for reviewing size charts and product details before ordering.
Unless expressly stated on the product page, merchandise sold by us is not certified protective equipment, is not motorcycle safety gear, and is not intended to replace equipment that is legally required or professionally recommended for riding, road safety, animal restraint, or veterinary use.
- Availability and catalogue changes
Product availability is subject to change without notice. We may update, discontinue, suspend, or replace products, variants, bundles, or packaging at any time before order acceptance.
If an item becomes unavailable after you place an order but before dispatch, we may cancel the affected part of the order and refund the corresponding amount, or contact you with reasonable alternatives.
- Pricing, taxes, and obvious errors
All prices shown on the store are displayed in EUR. Under the special exemption regime set out in Article 53 of the Portuguese VAT Code (CIVA), VAT is not charged on sales made through this store. Where applicable, invoices issued by the Seller will include the statement “IVA – regime de isenção”. Shipping charges, expedited-service surcharges, customs duties, import taxes, or other destination-specific charges may apply as indicated at checkout or under our Shipping & Delivery Policy.
We reserve the right to correct manifest or obvious errors in pricing, descriptions, images, tax treatment, shipping charges, or promotional mechanics. If a material error affects your order before dispatch, we may cancel the order and refund you in full or contact you to reconfirm the order on the corrected terms.
- Order process and contract formation
The store checkout process allows you to review the selected products, quantities, delivery address, payment method, and total price before submitting your order.
Your order is an offer to purchase. A contract is formed only when we accept the order. Order confirmation emails acknowledging receipt do not by themselves mean that the order has been accepted.
We may decline, limit, or cancel any order before dispatch where reasonably justified, including in cases of suspected fraud, abusive conduct, resale or bulk-buying inconsistent with normal consumer use, sanctions or export-control concerns, failed payment authorisation, stock issues, inaccurate customer information, manifest pricing error, or breach of these Terms.
- Payment
Payment must be successfully authorised before dispatch. We do not ship orders for which full payment has not been received or validly authorised.
Payment processing services may be provided by third-party payment partners. We do not store full payment-card details on our own systems unless expressly stated otherwise.
- Production model and fulfilment
Some or all products may be manufactured, printed, assembled, or packed only after an order is placed. Estimated production and dispatch times are therefore part of the expected fulfilment window.
We may use third-party fulfilment partners, printers, warehouses, and carriers. Use of such partners does not reduce any mandatory rights you have against us as seller.
- Delivery
Estimated delivery dates are indicative unless we expressly guarantee a delivery date in writing. Delays may occur because of production bottlenecks, customs checks, seasonal peaks, carrier disruption, force majeure events, or inaccurate customer information.
Where no specific delivery date is agreed, delivery will be made without undue delay and within the legally applicable period.
If the consumer chooses a carrier not offered by us, risk may transfer earlier to the extent permitted by applicable law. In all other cases, risk transfers when you, or a third party identified by you other than the carrier, acquires physical possession of the goods.
- Address accuracy, failed delivery, and unclaimed parcels
You are responsible for providing a complete and accurate delivery address, including any apartment, building, customs, or contact information required for successful delivery.
If an order is returned because the address supplied was incorrect, incomplete, refused, or unclaimed, we may charge the direct re-shipping cost or treat the order in accordance with our Returns, Refunds & Right of Withdrawal Policy, without prejudice to any mandatory consumer rights.
- Right of withdrawal
If you are a consumer, you generally have a legal right to withdraw from eligible distance contracts within 14 days without giving any reason. The full procedure, effects, exclusions, and cost allocation are set out in our Returns, Refunds & Right of Withdrawal Policy, which forms part of these Terms.
- Personalised and customer-specification items
Products made to your specifications or clearly personalised may be excluded from the legal right of withdrawal where the law permits. This exclusion applies only where the product is genuinely customer-specific or clearly personalised, and not simply because it is produced after the order is placed.
Where such an exclusion applies, the product page, checkout flow, or order confirmation should identify that status clearly. Statutory rights relating to non-conforming, defective, damaged, or misdescribed goods always remain unaffected.
- Non-conforming, defective, damaged, or incorrect items
If a product is defective, non-conforming, damaged on arrival, or not the item ordered, you may have statutory remedies including repair, replacement, price reduction, or termination of the contract, depending on the circumstances and applicable law.
Our separate Warranty & Defective Goods Policy explains how to notify us and how such claims are handled. That policy does not limit your mandatory rights.
- Returns not based on defects
Where you return an eligible product because you changed your mind, the rules on return shipping, original shipping reimbursement, product handling, depreciation, and refund timing are governed by our Returns, Refunds & Right of Withdrawal Policy.
- Intellectual property
All intellectual-property rights in the store and its contents, including but not limited to the brand name, logos, graphics, product photos, mock-ups, designs, text, page layout, and original artwork, are owned by us or used under licence. No part of the store or its content may be copied, reproduced, distributed, sold, scraped, exploited, or used for commercial purposes without our prior written consent, except to the extent permitted by mandatory law.
- Acceptable use of the website
You agree not to misuse the store, interfere with its functioning, introduce malicious code, attempt unauthorised access, place fraudulent orders, use false identities, infringe third-party rights, or use bots or automated tools in a way that disrupts the store or harms other users.
We may suspend, block, or refuse access or orders where reasonably necessary to protect the store, our operations, our partners, or other customers.
- User-submitted content
If you submit reviews, photographs, customisation instructions, pet names, artwork, or other content to us, you confirm that you have the right to submit that content and that it does not infringe third-party rights, violate the law, or contain unlawful, abusive, or misleading material.
You grant us a non-exclusive licence to use that content only to the extent reasonably necessary to process your order, provide customer support, comply with law, and, where you separately agree, for marketing or user-generated-content features.
- Third-party services and links
The store may integrate or link to third-party services, apps, payment providers, fulfilment partners, tracking services, or external websites. The store is hosted on Shopify. When you visit the store or make a purchase, Shopify may process certain data to provide, secure, improve, and support Shopify services, including services informed by your interactions with our store, with other merchants, and with Shopify, where the relevant Shopify settings and legal basis apply. We are not responsible for the content, terms, or privacy practices of third-party services that we do not control, except to the extent required by mandatory law.
- Limitation of liability
To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive losses, or for loss of profits, business, goodwill, opportunity, or data arising out of or in connection with the store, the products, or these Terms.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with a specific order is limited to the amount paid for the product or products giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our act or omission where exclusion is prohibited, fraud or fraudulent misrepresentation, wilful misconduct, gross negligence where applicable, defective-product liability to the extent non-excludable, or any statutory consumer rights.
- Force majeure
We are not responsible for delay or failure to perform obligations to the extent caused by events beyond our reasonable control, including natural disasters, fire, flood, pandemic-related disruption, labour disputes, utility or internet failure, cyber incidents, government action, sanctions, customs disruption, supply-chain failure, carrier interruption, or similar events. This does not affect rights that mandatory law grants you in the event of non-delivery or delayed performance.
- Changes to these Terms
We may update these Terms from time to time to reflect changes in law, operations, products, or commercial practice. The version published on the store at the time your order is placed will apply to that order unless a change is required by law to apply immediately.
- Governing law and dispute resolution
These Terms are governed by Portuguese law, without prejudice to mandatory consumer-protection rules that apply in the country of your habitual residence where such rules cannot be derogated from by agreement.
Any dispute may be submitted to the competent courts under applicable law. You may also use the consumer dispute-resolution channels identified in our Consumer Dispute Resolution & Complaints page.
- Contact
For any pre-contract questions, withdrawal notices, complaints, or warranty issues, contact us at support@pawsandpistonsmc.com or by post at Travessa do Vale de Caminhos 54, 4605-138 Mancelos, Amarante, Porto, Portugal.