Terms of service

Last Updated: 04.04.2025

Welcome to theplushly.com!

1. By accessing or using our website, you agree to the following online shopping terms and conditions (the "Terms"). Please read them carefully. If you do not agree to these Terms, you may not use our services.

2. What are these Online Shopping Terms and Conditions?

These Terms set out the conditions under which you may purchase products from us. They apply to all orders placed via our website and form a legally binding agreement between you and us. Please read them carefully and ensure you understand them before placing any order. If anything is unclear, you can contact us for help using the information available on our website.

3. Who can place an order?

To make a purchase, you must be at least 18 years old and legally capable of entering into binding contracts. If you are under 18, an adult must place the order on your behalf.

4. Placing Orders

When placing an order, please ensure all information you provide is complete and accurate. It is your responsibility to verify that your order details, including your contact information, are correct. Accurate contact details help ensure timely delivery.

After you complete the checkout process, we will send a confirmation to the email address provided. Your order will only be accepted once we send you a further confirmation email stating that your order has been accepted and dispatched. At this point, a legal contract will be formed between you and us.

Occasionally, we may be unable to accept an order—for example, if a product is out of stock, if we do not deliver to your region, or if the product was incorrectly priced. In such cases, we will inform you as soon as possible, and you will not be charged.

5. Paying for your order

We accept payments only through the payment methods shown at checkout.

All product prices include applicable VAT. However, for orders delivered outside the EU, additional customs duties or local taxes may apply. These charges are not included in our prices and are your sole responsibility.

6. Delivery of your order

We use selected delivery partners to ship your orders. Any applicable delivery charges will be shown at checkout.

We aim to dispatch products promptly and will provide you with an estimated delivery date. Please note this is only an estimate, and delivery times may vary. You will be able to track your order via our delivery partner’s website.

7. Delays outside of our control

If the delivery of your order is delayed due to events beyond our control, we will notify you as soon as possible and take reasonable steps to minimize the delay. If the delay is expected to exceed 3 months, you may contact us to cancel your order and receive a full refund for products not received.

8. The Plushly Products

Due to variations in screen settings, product colours may not exactly match what you see online. Packaging may also vary slightly.

Since our products are handmade, their features—such as facial expressions, stitching, or other details—may differ slightly from the images shown on our website. These are not considered defects, but rather unique characteristics that reflect the artisanal nature of our products.

9. Your rights to end these Terms and Returning products

Returning a product:
If you wish to return a product, please refer to our Returns and Refunds page for instructions.

Cancelling the contract because there is something wrong with your product:
We have a legal duty to provide products that comply with your order. If something is wrong with your product, please contact us at hello@theplushly.com.

If you're entitled to a refund, we will reimburse you for all payments related to the affected product, including delivery charges. Refunds will be made to your original payment method within 14 business days of receiving and inspecting the returned product. If the product is not returned, we may not be able to process your refund.

Who pays for the cost of returns:
We will cover return shipping costs if the product is faulty, misdescribed, or if you're cancelling the contract due to a substantial delivery delay or our fault. In all other cases, including returns due to a change of mind, you will be responsible for the cost of returning the product.

10. Our rights to end these Terms

We may cancel this contract at any time by notifying you if:

• Your payment fails at the time of processing;
  
  
• You do not allow delivery within a reasonable time;
  
  
• You breach these Terms, applicable laws, or any related contract with us;
  
  
• We are unable to fulfill the order due to events beyond our control or for legal reasons.
  
  

If we cancel the contract for any of the reasons above, we will refund any amount paid in advance for undelivered products. We may deduct a reasonable amount to cover any costs incurred due to your breach (if applicable). Refunds will be issued within 14 business days using your original payment method.

11. How do we use your information?

For information about how we use your personal data and cookies, please refer to our Privacy Policy.

12. Our responsibility for loss and damage

You may only purchase our products as a consumer (not as a business). We are not liable for any business-related losses, such as loss of profits, business interruption, or opportunity.

We are only responsible for losses you suffer as a result of us breaching these Terms if:

• The loss was foreseeable at the time the contract was formed;
• The loss was not caused by events outside our control (as outlined in Section 7);
• The loss could not have been avoided by you taking reasonable steps.

13. Which country’s laws apply to these Terms?

Please contact us via the website if you have any complaints. We prefer to resolve disputes informally where possible.

These Terms are governed by Austrian law.

If you are in the EU, you may also use the EU Commission’s Online Dispute Resolution (ODR) Platform to raise a complaint.

14. Other important terms

Transferring rights: You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations to a third party (such as a business purchaser or affiliate) and will notify you if this happens.

Third-party rights: These Terms are between you and us. No third party has the right to enforce them, and no third party’s permission is needed to change or end them.