TERMS OF SERVICE

Last updated: September 29, 2026

OVERVIEW

Welcome to Pumpktopus! The terms "we", "us" and "our" refer to Pumpktopus. Pumpktopus operates this store and website, pumpktopus.store, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Pumpktopus is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy available at pumpktopus.store/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority 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 store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance of products purchased by you will be identical to how they appear on your screen or in product photographs, as minor variations in color, texture, dimensions, packaging, or appearance may occur. Nothing in this section limits any rights you may have under applicable consumer protection laws.

All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Pumpktopus reserves the right to accept or decline your order for legitimate reasons, including product availability, suspected fraud, payment issues, pricing errors, or shipping restrictions.

Your order is not accepted until Pumpktopus confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Pumpktopus may be unable to accommodate cancellation requests after an order has been processed or shipped.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, shipping address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange in accordance with our Refund & Return Policy, available at pumpktopus.store/policies/refund-policy, including our applicable 90-day return policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized 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.

Unless otherwise expressly stated, posted prices may not include applicable taxes, customs duties, import fees, or other government charges that may apply depending on the customer's location.

Prices posted in our online store may be different from prices offered through other sales channels or third-party platforms.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the specific promotion terms will govern with respect to that promotion.

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

You represent and warrant that:

(i) the payment information you provide is true, correct and complete;

(ii) you are duly authorized to use the applicable payment method;

(iii) charges incurred by you will be honored by your payment provider; and

(iv) you will pay charges incurred by you at the posted prices, including any applicable charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times displayed on our website are estimates and are not guaranteed unless expressly stated otherwise.

Pumpktopus is not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete shipping information supplied by the customer, adverse weather conditions, natural disasters, governmental actions, or other events outside our reasonable control.

Any estimated processing or delivery times are further described in our Shipping Policy.

Risk of loss or damage will be handled in accordance with applicable law and the shipping arrangements applicable to your order.

If an order arrives damaged, defective, or incorrect, please contact us at pumpktopus@gmail.com so that we can review the issue in accordance with our Refund & Return Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video, audio, product descriptions, and the design, selection, and arrangement thereof, are owned by Pumpktopus, its affiliates, licensors, or their respective owners and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except where permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Pumpktopus, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by their respective owners.

Pumpktopus's names, logos, product and service names, designs, and slogans are trademarks or intellectual property of Pumpktopus or their respective licensors.

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 appearing on the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, 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 warranties, representations or conditions of any kind, except where such warranties cannot legally be excluded.

We shall have no liability arising solely from your use of optional third-party tools except to the extent required by applicable law.

Any use by you of optional tools offered through the site is at your own discretion, and you should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed 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 functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own discretion.

We are not responsible for products, services, resources, content, privacy practices, or transactions offered directly by third-party websites.

Please review carefully the third party's policies and practices and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding products and services purchased directly from third parties should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Pumpktopus is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with Pumpktopus.

By using the Services, you acknowledge and agree that Shopify is not the seller of products offered by Pumpktopus and is not responsible for the performance of Pumpktopus's obligations in connection with sales made through our Store.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims arising solely from the sale or supply of products by Pumpktopus.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at:

pumpktopus.store/policies/privacy-policy

Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have had an opportunity to review these privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to and processed by Shopify and other service providers, including providers located in countries other than your country of residence, subject to applicable privacy laws.

Please review our Privacy Policy for additional information about how personal information may be collected, used and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photographs, videos, or other content relating to our Services (collectively, "Feedback"), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback to the extent reasonably necessary to operate, improve and promote the Services.

You represent and warrant that:

(i) you own or have all necessary rights to the Feedback you submit;

(ii) you have disclosed any compensation or incentives received in connection with your submission where required by applicable law; and

(iii) your Feedback complies with these Terms.

Unless otherwise required by law, we are under no obligation to maintain unsolicited Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit or remove Feedback that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, fraudulent, infringing, or otherwise in violation of these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity or other proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive or obscene material, computer viruses, or other malicious software.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of Feedback.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other information.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information where reasonably necessary.

Where legally permitted, we may cancel an order affected by an obvious pricing or information error. If payment has already been collected for a cancelled order, the applicable amount will be refunded.

Nothing in this section limits rights granted to consumers under applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, national, provincial, state, municipal, or local law or regulation;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, threaten, defame, intimidate or unlawfully harm another person;

(e) to transmit knowingly false, fraudulent or misleading information;

(f) to send, receive, upload, download, use, or re-use material that violates these Terms;

(g) to transmit unsolicited advertising or promotional material, including spam or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that interferes with another person's use of the Services or that may damage the Services or expose Pumpktopus, Shopify or users to liability.

In addition, you agree not to:

(a) upload or transmit viruses or other malicious code;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any unauthorized portion of the Services;

(c) unlawfully collect or track personal information relating to others;

(d) spam, phish, pharm, pretext, or engage in similar deceptive practices;

(e) use automated scraping, data extraction, robotic or other automated tools to access the Services in violation of applicable law or our technical restrictions; or

(f) interfere with, bypass, or circumvent security or authorization features used to protect the Services.

We reserve the right to suspend, disable or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

"Agent" means software or a service that takes autonomous or semi-autonomous actions on behalf of, or at the instruction of, any person or entity and that may interact with the Services without continuous direct human supervision.

14.2 No Agent may access, use, or interact with the Services unless it complies with applicable law, these Terms, and reasonable technical restrictions imposed by us.

No Agent may access or interact with the Services if we have expressly requested that such Agent refrain from doing so.

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

14.4 Agents must:

(i) identify themselves as automated systems where technically appropriate;

(ii) not conceal or misrepresent automated activity for the purpose of bypassing restrictions;

(iii) not circumvent CAPTCHAs or other measures specifically intended to restrict automated access;

(iv) respond truthfully to reasonable mechanisms intended to determine whether an interaction is automated; and

(v) not circumvent or avoid measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate or suspend your access to the Services, or any part thereof, if you materially violate these Terms, misuse the Services, engage in fraudulent or unlawful activity, or where otherwise permitted by applicable law.

You will remain responsible for any valid amounts due up to and including the date of termination.

The following sections will continue to apply following termination to the extent relevant:

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.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available primarily for general information purposes.

We make reasonable efforts to keep information accurate and current but do not warrant that all information will at all times be complete, current or error-free.

To the fullest extent permitted by applicable law, and except for warranties, guarantees, remedies or consumer rights that cannot legally be excluded, the Services are provided on an "as is" and "as available" basis.

We do not guarantee that access to the website will always be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes or limits any warranty, guarantee or consumer right that cannot legally be excluded or limited under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PUMPKTOPUS, ITS AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LEGALLY BE EXCLUDED OR LIMITED.

THIS MAY INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR CONTENT MADE AVAILABLE THROUGH THE SERVICES.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW, INCLUDING ANY MANDATORY RIGHTS AVAILABLE TO CONSUMERS.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Pumpktopus, Shopify, and our respective affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, losses or reasonable legal costs arising from:

(1) your material breach of these Terms;

(2) your violation of applicable law or the rights of a third party; or

(3) unlawful or unauthorized use of the Services by you.

We will notify you of an indemnifiable claim where reasonably practicable.

Nothing in this section requires a consumer to indemnify us for losses caused by our own unlawful conduct, negligence, breach of contract, or violation of mandatory consumer protection law.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the maximum extent permitted by applicable law.

Any unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Services constitute the agreement between you and us regarding your use of the Services, subject to any mandatory rights granted to you by applicable law.

These Terms supersede prior or contemporaneous agreements, communications and proposals relating to the same subject matter.

Any ambiguities in these Terms shall be interpreted in accordance with applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms where such transfer would materially affect our rights or obligations, except with our prior written consent or where permitted by applicable law.

We may transfer, assign, or delegate our rights and obligations under these Terms as part of a business reorganization, transfer, sale, or similar transaction, subject to applicable law.

Nothing in this section affects any rights that cannot legally be transferred or restricted.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by the applicable laws of the United Mexican States (Mexico).

Pumpktopus is operated from Tlalmanalco, Estado de México, Mexico.

To the extent permitted by applicable law, disputes relating to these Terms or the Services may be submitted to the competent authorities or courts in the State of Mexico, Mexico.

However, nothing in this section limits or waives any mandatory rights a consumer may have under the consumer protection laws of their country, state, province, or jurisdiction of residence, where such rights cannot legally be waived.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change, or replace parts of these Terms of Service by posting an updated version on our website.

Where required by applicable law, we will provide notice of material changes.

Changes will become effective on the date indicated in the updated Terms or as otherwise required by law.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms, except where applicable law requires another form of consent.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Pumpktopus

Website: pumpktopus.store
Operator: Edwin Isaac Espinosa Lopez
Email: pumpktopus@gmail.com
Business Address: Revolución 6, Col. El Centenario, Tlalmanalco, Estado de México, C.P. 56700, Mexico
RFC / Tax ID: EILE980511I13

For questions regarding returns or refunds, please consult our Refund & Return Policy or contact us at pumpktopus@gmail.com.