Terms of Service — The Cairn Practice

Last updated: 29 June 2026

OVERVIEW

Welcome to The Cairn Practice! The terms "we", "us" and "our" refer to The Cairn Practice. The Cairn Practice operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The Cairn Practice 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. Nothing in these Terms limits or excludes any rights you have under mandatory consumer protection law that cannot be limited or excluded by agreement.

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

For the purposes of these Terms, a "consumer" is any natural person who enters into a transaction for purposes that are predominantly outside their trade, business or profession.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years old, or the age of majority in your country of residence if higher, or that you are accessing the Services with the consent of a parent or legal guardian who agrees to be bound by these Terms.

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 colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. This does not affect your statutory rights as a consumer (see Section 16).

All descriptions of products 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 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. The Cairn Practice reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Cairn Practice confirms acceptance. We must receive and process your payment before your order is accepted. 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 e-mail, billing address, and/or phone number provided at the time the order was made.

If you are a consumer resident in the EU/EEA, you have a statutory right to withdraw from your purchase within 14 days without giving any reason, as set out in our Cancellation / Withdrawal Policy [LINK]. This right may not apply to certain goods, such as products made to your specifications or clearly personalised. Your purchases are otherwise subject to return or exchange in accordance with our Refund Policy [LINK]. Nothing in these Terms limits your statutory withdrawal or guarantee rights.

You represent and warrant that your purchases are for your own personal or household use and not for 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 email. For consumers in the EU/EEA, prices displayed in our store include applicable VAT unless otherwise stated. Posted prices do not include shipping, handling, or — for deliveries outside the EU — customs or import charges, which may be payable by you on import.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. 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 promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at 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) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the chosen payment method, and (iii) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY

All delivery times are estimates only. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control, and we will inform you if we become aware of any significant delay.

If you are a consumer, risk of loss and damage to the products passes to you only when you (or a third party designated by you, other than the carrier) take physical possession of the products. For all other (business) customers, risk passes to you when we transfer the products to the carrier.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by The Cairn Practice, its affiliates or licensors and are protected by applicable copyright, trademark and other 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 any of the material on the Services without our prior written consent, except as permitted by mandatory law. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of The Cairn Practice, Shopify or any third party. All rights not expressly granted herein are reserved by The Cairn Practice.

The Cairn Practice's names, logos, product and service names, designs, and slogans are trademarks of The Cairn Practice or its affiliates or licensors. You must not use such trademarks without the prior written permission of The Cairn Practice. 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 on the Services are the trademarks 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 over.

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, except as required by mandatory law. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on 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 any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any 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 risk.

Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Cairn Practice 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 The Cairn Practice. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Cairn Practice, including any injury, damage, or loss resulting from purchased products and services. You hereby release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with The Cairn Practice, except to the extent such release is not permitted by mandatory applicable law.

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy. We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable national data protection law. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Where personal data is transferred outside the EU/EEA, we rely on appropriate safeguards as required by the GDPR. Review our Privacy Policy [LINK] for more details.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use, to the extent permitted by applicable law.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain Feedback in confidence, to pay compensation for Feedback, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our reasonable discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain unlawful, abusive or obscene content, or any virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information at any time without prior notice. Where a pricing error is obvious and could reasonably have been recognised by you as an error, we are not obliged to supply the product at the incorrect price.

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 applicable laws, rules, or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any other person; (e) to transmit false or misleading information; (f) to send, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit any unsolicited advertising or promotional material, including "spam"; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm The Cairn Practice, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services other than as permitted by mandatory law; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services other than as permitted under Section 14; or (f) interfere with, bypass, or circumvent the security or authorisation features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account if we reasonably determine that you have violated these Terms.

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 any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 14.4. 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 limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) for good cause, including where you have breached these Terms, and you will remain liable for all amounts due up to and including the date of termination. Termination does not affect any statutory rights you have as a consumer in relation to orders already placed.

The following sections will continue to apply following any termination: 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 — STATUTORY GUARANTEE AND DISCLAIMER OF WARRANTIES

If you are a consumer, your purchase is covered by the statutory guarantee of conformity under applicable law (in the EU, a minimum of two years for physical goods). Nothing in these Terms excludes, restricts or modifies these statutory rights, and the disclaimers below apply only to the extent permitted by mandatory law.

The general information presented on or through the Services (as distinct from the products you purchase) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such general information, and any reliance you place on it is at your own risk.

To the extent permitted by applicable law and subject to the statutory guarantee above, the Services and all products offered through the Services are otherwise provided "as is" and "as available", without any additional representation, warranties or conditions of any kind beyond those required by law. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

SECTION 17 — LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) intent or gross negligence; (d) liability under applicable product liability law; or (e) any other liability that cannot be excluded or limited under mandatory applicable law.

Subject to the paragraph above, and to the fullest extent permitted by law, The Cairn Practice and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors (and those of Shopify and its affiliates) shall be liable only for damages arising from a breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on which you may reasonably rely), and such liability shall be limited to the foreseeable, contract-typical damage. We shall not otherwise be liable for indirect, incidental, special, punitive or consequential damages, including lost profits, lost revenue, lost savings, or loss of data.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless The Cairn Practice, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of (1) your culpable breach of these Terms of Service or the documents they incorporate by reference, (2) your culpable violation of any law or the rights of a third party, or (3) your unlawful access to and use of the Services. This Section does not apply to the extent the loss or claim results from our own act or omission, and it does not impose on consumers any liability beyond that provided for under mandatory law.

We will notify you of any indemnifiable claim. We may participate in the defence and settlement of such claim, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will reasonably cooperate in the defence of indemnified claims.

SECTION 19 — SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other 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 in respect of the Services constitute the entire agreement and understanding 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 the Terms of Service).

SECTION 21 — ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations to an affiliate or in connection with a merger, acquisition or sale of assets; where this would reduce the protections available to you as a consumer, we will give you notice and you may terminate the agreement.

SECTION 22 — GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country in which you are habitually resident, and you may bring proceedings in the courts of your country of residence. Where permitted by law, the courts of the place where The Cairn Practice has its registered seat shall have jurisdiction. Nothing in this Section affects your statutory rights as a consumer.

SECTION 23 — CONSUMER DISPUTE RESOLUTION

The European Commission's Online Dispute Resolution platform was permanently discontinued on 20 July 2025 and is no longer available.

We are not obliged, and are generally not willing, to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). The general consumer arbitration board for Germany is the Universalschlichtungsstelle des Bundes (Zentrum für Schlichtung e. V., Straßburger Straße 8, 77694 Kehl am Rhein; www.verbraucher-schlichtungsstelle.de). If you are a consumer with a complaint, please contact us first using the details in Section 25 and we will try to resolve it directly.

SECTION 24 — HEADINGS

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

SECTION 25 — 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 any part of these Terms of Service by posting updates and changes to our website. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. Changes will not apply retroactively to orders already placed.

SECTION 26 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at cairnpractice@pm.me.

Our contact information is:

The Cairn Practice Josefine Cairns Kramerberg 4, 85395 Attenkirchen, Germany Email: hello@thecairnpractice.com Phone: +33 6 86 31 35 90