TERMS OF SERVICE

Last updated: October 12, 2026

OVERVIEW

Welcome to Pockety Phone! The terms “we,” “us,” and “our” refer to Pockety Phone. We operate this online store and website, including all related content, features, tools, products, and services (collectively, the “Services”), to provide you with an online shopping experience.

Our store is hosted by Shopify, which provides the e-commerce platform that enables us to offer our products and Services.

These Terms of Service (“Terms”) govern your access to and use of our Services. Please read them carefully before using our website or placing an order.

By accessing our website, browsing our store, or purchasing a product, you agree to these Terms and any policies incorporated by reference, including our Privacy Policy and Returns & Refunds Policy. If you do not agree, please do not use our Services.

Nothing in these Terms excludes or limits any consumer rights that cannot legally be excluded or limited under applicable law.

SECTION 1 — ELIGIBILITY AND ACCOUNT RESPONSIBILITIES

By using our Services, you confirm that you are legally capable of entering into a binding agreement under the laws applicable to you.

If you are under the age of majority in your jurisdiction, you may use our Services only with the involvement and consent of a parent or legal guardian, as required by applicable law.

When placing an order or creating an account, you agree to provide accurate, current, and complete information, including your contact, billing, payment, and shipping details.

You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account, subject to applicable law.

You must notify us promptly if you become aware of unauthorized access to your account.

You may not sell, transfer, or assign your account to another person without our prior written consent.

SECTION 2 — OUR PRODUCTS

Pockety Phone makes reasonable efforts to display product descriptions, images, colors, specifications, and other details as accurately as possible.

Actual product appearance may vary slightly because of screen settings, lighting, manufacturing variations, or other technical factors. Such variations do not excuse a failure to supply goods that conform to the description, sample, or contractual specifications provided at the time of purchase.

Please review the product listing carefully before ordering, particularly specifications relating to device compatibility, SIM cards, network support, storage, applications, accessories, and other technical features.

Product descriptions, availability, and prices may be updated from time to time. Changes will not affect an order already accepted except where a correction or other change is permitted by applicable law.

We reserve the right to discontinue products or limit quantities where reasonably necessary, subject to existing contractual obligations and applicable consumer protection laws.

SECTION 3 — ORDERS AND ACCEPTANCE

When you submit an order, you make an offer to purchase the selected products under these Terms.

An order confirmation acknowledging receipt does not necessarily mean that the order has been finally accepted. Acceptance will be communicated through our order processing or dispatch process, as applicable.

We reserve the right to decline or cancel an order for legitimate reasons, including suspected fraud, unauthorized payment, pricing or listing errors, product unavailability, or delivery restrictions. We will notify you if an order is declined or canceled and refund any amount already paid for the canceled order, as required by law.

We will not use this provision to avoid fulfilling valid orders arbitrarily or to override your statutory rights.

Please review your order carefully before submitting it. If you wish to cancel an order, contact us as soon as possible at pocketyphone@gmail.com. We will attempt to stop orders that have not been dispatched, but cancellation may not be possible once fulfillment or shipping has begun.

Your statutory cancellation and withdrawal rights remain unaffected.

All purchases are subject to our Returns & Refunds Policy, available on our website.

Unless expressly agreed otherwise, products are offered for personal or household use and not for unauthorized commercial resale.

SECTION 4 — PRICES, PAYMENTS, AND BILLING

Product prices are displayed on our website in the applicable currency.

Prices, discounts, and promotions may change prospectively. The price applicable to your order will be the price presented during checkout and confirmed for that transaction, subject to legally permitted corrections of genuine errors.

Before completing your purchase, we will display applicable charges that we are required to disclose, including shipping costs and applicable taxes where relevant.

Depending on your destination, import duties, customs charges, or other government-imposed fees may apply. Where these charges are not included in the checkout total, we will provide information about their potential application to the extent required by law.

You agree to provide accurate payment and billing information and authorize the payment method selected at checkout to be charged for the order.

Payments are processed through the payment methods and providers made available at checkout. We do not guarantee the availability of every payment method in every country.

Promotional offers may be subject to separate conditions. If a promotional term conflicts with these Terms, the applicable promotional conditions will govern the promotion, provided they comply with applicable law.

SECTION 5 — SHIPPING AND DELIVERY

Pockety Phone ships to selected destinations, subject to the delivery options and restrictions shown at checkout.

Estimated shipping and delivery times are provided for guidance and are not guaranteed unless expressly stated otherwise. Delays may arise from carrier operations, customs processing, weather, public holidays, supply issues, or other circumstances outside our reasonable control.

If a delay occurs, we will take reasonable steps to provide relevant information where appropriate.

We remain responsible for our obligations as the seller under applicable law. In particular, for consumer purchases covered by applicable European Union rules, the risk of loss or damage generally remains with the seller until the consumer, or a third party designated by the consumer other than the carrier, obtains physical possession of the goods.

Nothing in these Terms transfers shipping risks to a consumer earlier than permitted by law.

If your order is lost, arrives damaged, or is delivered incorrectly, please contact pocketyphone@gmail.com so we can review the issue and explain the available options.

Customers should ensure that the shipping address provided at checkout is accurate and complete. If an incorrect address is supplied, please contact us immediately. Any responsibility for additional shipping costs or failed delivery will be determined in accordance with the circumstances and applicable law.

SECTION 6 — INTELLECTUAL PROPERTY

All content on our website, including our brand names, logos, text, graphics, product imagery, videos, designs, and website layout, is owned by Pockety Phone, its licensors, or other identified rights holders and is protected by applicable intellectual property laws.

You may access and use our website for personal, lawful, and noncommercial purposes.

You may not reproduce, distribute, modify, publish, publicly display, sell, or commercially exploit website content without prior written authorization, except where permitted by applicable law.

Nothing in these Terms transfers ownership of our intellectual property to you.

Pockety Phone and its associated branding may not be used in a way that suggests sponsorship, affiliation, or endorsement without our prior written permission.

Shopify and any third-party brands mentioned on our website remain the property of their respective owners.

SECTION 7 — OPTIONAL THIRD-PARTY TOOLS

Our Services may include tools, integrations, payment systems, or other features provided by third parties.

These tools may be subject to separate terms and privacy policies. You should review those terms before using the relevant services.

We do not control all third-party tools and cannot guarantee their continuous availability. However, nothing in this section excludes liability that cannot lawfully be excluded or limits any rights you may have under applicable law.

We may introduce additional features or tools in the future. Any such features will be subject to these Terms where applicable and to any additional terms disclosed when they are introduced.

SECTION 8 — THIRD-PARTY LINKS

Our website may contain links to websites, services, or resources operated by third parties.

These links are provided for convenience. Unless expressly stated otherwise, Pockety Phone does not operate or control those external websites and is not responsible for their independent content, policies, or practices.

Accessing a third-party website is at your discretion. We encourage you to review its terms and privacy policy before providing personal information or completing a transaction.

This section does not exclude any responsibility that Pockety Phone may have under applicable law for its own representations, conduct, or contractual obligations.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Pockety Phone uses Shopify to provide the e-commerce platform that supports our online store.

Products purchased through our store are sold directly by Pockety Phone, not by Shopify.

Shopify is not the seller of our products and does not assume responsibility for fulfilling our sales contracts merely because it provides the hosting and e-commerce platform.

Nothing in this section limits rights or remedies that applicable law provides to you or excludes any liability that cannot legally be excluded.

SECTION 10 — PRIVACY AND PERSONAL INFORMATION

Your use of our Services is also governed by our Privacy Policy, available at [INSERT PRIVACY POLICY LINK].

Shopify processes certain personal information in connection with hosting and operating our store. Other service providers may process information when necessary to support payments, order fulfillment, customer support, fraud prevention, and other store operations.

Personal information may be processed or transferred internationally, subject to applicable data protection laws and safeguards.

Please review our Privacy Policy for information about the personal data we collect, the purposes for which we use it, the parties with whom it may be shared, and your applicable rights.

Where the General Data Protection Regulation (GDPR) or other data protection legislation applies, Pockety Phone will handle personal information in accordance with the obligations applicable to the relevant processing activities.

Shopify's own privacy information is available at https://www.shopify.com/legal/privacy/app-users.

SECTION 11 — CUSTOMER FEEDBACK AND REVIEWS

If you submit reviews, suggestions, ideas, photographs, or other content to Pockety Phone (“Feedback”), you confirm that you have the necessary rights to submit that material and that it does not unlawfully infringe the rights of another person.

By submitting Feedback, you grant Pockety Phone a nonexclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and adapt that Feedback for operating, improving, and promoting our Services, subject to applicable law and our Privacy Policy.

This license does not transfer ownership of your Feedback to Pockety Phone.

We may moderate, decline, or remove Feedback that we reasonably consider unlawful, fraudulent, abusive, misleading, spam-related, or in violation of these Terms or third-party rights.

We will not present reviews in a way that is misleading about their authenticity or whether they reflect genuine customer experiences.

You must not submit fake reviews, impersonate another person, or misrepresent whether you received compensation or another incentive for a review.

We are not required to publish every submission or respond to every item of Feedback.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our website may contain typographical errors or inaccuracies relating to product descriptions, prices, promotions, shipping charges, availability, or other information.

We may correct errors and update information when necessary.

If a material error affects an order you have placed, we will take appropriate steps consistent with applicable law. Depending on the circumstances, this may include contacting you to explain the error, offering an appropriate correction, or canceling the affected order and refunding payments received where required.

We will not rely on this section to change an accepted order arbitrarily or to remove rights already acquired by a consumer.

SECTION 13 — PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use our website or Services:

• To violate any applicable law or regulation.

• To infringe our intellectual property rights or those of another person.

• To engage in fraud, deception, harassment, threats, or unlawful discrimination.

• To submit false, misleading, or fraudulent information.

• To distribute malware, viruses, or other harmful code.

• To interfere with the security, operation, or availability of our website.

• To obtain unauthorized access to accounts, systems, or data.

• To collect personal information from other users without a lawful basis.

• To send unlawful spam or unauthorized promotional communications.

• To conduct automated scraping or data extraction that violates applicable law, our reasonable technical restrictions, or third-party rights.

• To circumvent security measures or access controls.

• To use the Services in a way that unlawfully harms Pockety Phone, Shopify, or another person.

We may investigate suspected violations and restrict or suspend access where reasonably necessary and legally permitted.

Any suspension or termination will be handled in accordance with applicable law and will not remove rights relating to orders already placed.

SECTION 14 — AUTOMATED ACCESS AND AGENTS

Automated software, bots, or other agents must not access or interact with our Services in a manner that violates applicable law, circumvents security controls, interferes with website operations, or infringes the rights of Pockety Phone or third parties.

Where we reasonably require automated systems to identify themselves or comply with technical restrictions, those systems must follow the applicable instructions to the extent permitted by law.

We may implement reasonable technical measures to protect the availability, security, and integrity of our Services.

Nothing in this section prohibits automated access that is expressly authorized by Pockety Phone or protected by applicable law.

SECTION 15 — SUSPENSION AND TERMINATION

We may restrict or terminate access to our Services where reasonably necessary because of fraud, unlawful activity, serious violations of these Terms, security risks, or other legitimate grounds.

Where appropriate and legally required, we will provide notice or an opportunity to remedy the issue.

Termination of access does not eliminate payment obligations that have already lawfully arisen, nor does it remove consumer rights relating to existing orders.

Any provisions that by their nature should continue after termination, including intellectual property, lawful liability provisions, and dispute-related terms, will remain effective to the extent permitted by law.

SECTION 16 — DISCLAIMER OF WARRANTIES

We aim to provide accurate website information and reliable Services, but we do not guarantee that the website will always be uninterrupted, error-free, or continuously available.

To the fullest extent permitted by applicable law, website services and optional features may be provided on an “as available” basis.

Nothing in these Terms excludes or limits mandatory warranties, statutory guarantees, product conformity obligations, or other consumer rights that cannot legally be excluded or limited.

For products sold to consumers, the applicable statutory rights remain in effect regardless of any commercial warranty offered by Pockety Phone.

Where applicable, this includes statutory rights concerning products that are defective, unsafe, misdescribed, or otherwise fail to conform to the sales contract.

Any disclaimer in this section applies only to the extent permitted by the law governing the relevant transaction.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Pockety Phone will not be liable for losses that are not reasonably foreseeable or that arise from circumstances for which we are not legally responsible.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, intentional misconduct, or any other matter for which liability cannot legally be excluded or limited.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence where such exclusion is prohibited by law, or any mandatory liability arising under applicable product safety or consumer protection legislation.

For consumer transactions, this section does not restrict any statutory remedies or compensation rights available under applicable law.

Where liability can lawfully be limited, any limitation will be interpreted only to the extent permitted by the law applicable to the relevant claim.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to be responsible for third-party claims and reasonable costs arising directly from your unlawful misuse of our Services, your infringement of another person's rights, or your material breach of these Terms.

This provision does not apply to the extent that a claim results from Pockety Phone's own breach of contract, negligence, unlawful conduct, or other responsibility that cannot legally be transferred to you.

We will provide notice of a relevant claim where reasonably practicable and will act reasonably in managing the matter.

Nothing in this section creates an indemnification obligation that is prohibited by applicable consumer protection law.

SECTION 19 — SEVERABILITY

If a court or competent authority determines that any provision of these Terms is invalid, unlawful, or unenforceable, that provision will be applied to the maximum extent legally permitted or severed where necessary.

The remaining provisions will continue in effect to the extent that they can operate independently and lawfully.

A finding that one provision is unenforceable does not automatically invalidate the entire agreement.

SECTION 20 — NO WAIVER; ENTIRE AGREEMENT

If we do not enforce a provision of these Terms immediately, that does not mean we waive our right to enforce it later.

These Terms, together with the policies and terms expressly incorporated by reference, form the agreement governing your use of our Services and purchases from our store, subject to any mandatory rights under applicable law.

If a provision conflicts with a mandatory statutory consumer right, the mandatory legal provision will prevail to the extent of the conflict.

Nothing in these Terms limits any separate contractual rights or obligations that cannot lawfully be excluded.

SECTION 21 — ASSIGNMENT

You may not transfer your rights or obligations under these Terms to another person without our prior written consent, except where such restriction is prohibited by applicable law.

Pockety Phone may transfer or assign its rights and obligations in connection with a legitimate business restructuring, merger, acquisition, or transfer of business, subject to applicable law and any required safeguards.

No assignment will remove or diminish rights already held by consumers under applicable law.

SECTION 22 — GOVERNING LAW AND DISPUTES

These Terms are subject to the laws applicable to Pockety Phone's business and the relevant transaction, including mandatory consumer protection rules.

Where Pockety Phone is established in Spain, Spanish law may govern the contractual relationship, subject to applicable conflict-of-law rules and mandatory consumer protections.

If you are a consumer residing in another country, you may retain the protection of mandatory laws that apply to you under the relevant legal framework. Nothing in these Terms is intended to deprive consumers of rights that cannot lawfully be waived.

Any dispute will be handled by the courts or other competent dispute resolution bodies determined under applicable law. Nothing in these Terms requires a consumer to bring proceedings exclusively before a court that would unlawfully deprive them of their statutory rights.

We encourage customers to contact us first so we can attempt to resolve concerns informally.

SECTION 23 — HEADINGS

Section headings are included for convenience only. They do not alter the meaning or interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in our business, Services, legal obligations, or operational practices.

The most current version will be made available on our website, together with the applicable revision date.

Where required by law, we will provide notice of material changes and obtain any necessary consent.

Changes will not retroactively remove rights or alter contractual obligations in a manner prohibited by applicable law. Unless otherwise required by law, the version applicable to an existing order will be determined by the terms legally applicable when the order was placed.

Your continued use of our Services after an update constitutes acceptance of the revised Terms only to the extent that such acceptance is legally effective.

SECTION 25 — CONTACT INFORMATION

If you have questions about these Terms of Service, please contact us:

Pockety Phone

Email: pocketyphone@gmail.com

Legal business name: Pockety Phone

Thank you for choosing Pockety Phone.