Last updated April 2025

AGREEMENT TO TERMS

These Terms of Use form a legally binding agreement between you and AB Plus USA Ltd., doing business as The Pastel Shop (“we,” “us,” or “our”), governing your access to and use of The Pastel Shop's website and related platforms (the “Site”). By using the Site, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must discontinue use immediately.

We reserve the right to modify these Terms at any time. Updates will be reflected in the “Last Updated” date, and continued use of the Site constitutes acceptance of changes. It is your responsibility to review the Terms periodically.

Use of the Site may be restricted in certain regions where it violates local laws or regulations. Users accessing the Site from outside permitted jurisdictions do so at their own risk and are responsible for compliance with applicable laws.

The Site is intended for users 13 years or older. Minors under 18 must have parental or guardian consent and supervision to use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless stated otherwise, the Site and all content, including source code, databases, software, designs, text, images, and trademarks (“Content” and “Marks”), are owned or licensed by us and protected by U.S. and international laws. The Content and Marks are provided “AS IS” for personal use only.

Except as expressly permitted, you may not copy, distribute, sell, or exploit any part of the Site for commercial purposes without prior written consent. If eligible, you are granted a limited license to access and use the Site, with the right to download or print content only for personal, non-commercial use. All other rights are reserved.

USER REPRESENTATIONS

By using the Site, you confirm that: (1) your registration information is true, accurate, and up to date; (2) you will maintain its accuracy; (3) you have the legal capacity to comply with these Terms; (4) you are at least 13 years old; (5) if a minor, you have parental permission; (6) you will not use automated means to access the Site; (7) you will not use the Site for illegal purposes; and (8) your use complies with all applicable laws.

Providing false or incomplete information may result in suspension or termination of your account.

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept Visa / Mastercard / American Express / Discover. You must provide accurate and up-to-date payment and account details, including email, payment method, and card expiration date. All payments are in U.S. dollars, and sales tax may apply. Prices may change at any time.

By placing an order, you authorize us to charge your selected payment method, including applicable shipping fees. We reserve the right to correct pricing errors, refuse orders, or limit purchase quantities at our discretion, especially for suspected resellers or distributors.

PROHIBITED ACTIVITIES

You may only use the Site for its intended purpose. Any unauthorized commercial use is prohibited. As a user, you agree NOT to:

1. Extract or compile Site data without permission.

2. Use the Site for unauthorized purposes, including spamming or fraudulent activity.

3. Violate any laws or regulations.

4. Harass, intimidate, or threaten our staff.

5. Interfere with Site security or access restrictions.

6. Engage in unauthorized linking or framing.

7. Mislead others or attempt to gain sensitive account information.

8. Abuse customer support or submit false reports.

9. Use automated tools (bots, scripts, data mining) to interact with the Site.

10. Disrupt or burden Site operations or networks.

11. Impersonate others or transfer your account.

12. Use Site information to harm or harass others.

13. Compete with us or use the Site for commercial gain.

14. Upload malware, spam, or harmful content.

15. Transmit spyware or passive data collection tools.

16. Remove copyright notices from content.

17. Copy, modify, or reverse-engineer Site software.

18. Bypass security measures or restricted access.

19. Disparage or harm the Site or our reputation.

20. Launch unauthorized automated systems (bots, scrapers, cheats).

Violations may result in account suspension or legal action.

USER GENERATED CONTRIBUTIONS

The Site does not allow users to submit content but may provide opportunities to share materials (“Contributions”), which may be publicly viewable and subject to our Privacy Policy. By submitting Contributions, you confirm that:

1. You own or have rights to the content and it does not infringe on third-party rights.

2. You have consent from identifiable individuals in your Contributions.

3. Your Contributions are accurate, not misleading, and not unauthorized advertising or spam.

4. Your Contributions are not obscene, violent, harassing, defamatory, or otherwise objectionable.

5. Your Contributions do not violate privacy rights, laws, or regulations, including those protecting minors.

6. Your Contributions do not include offensive content related to race, gender, or other protected categories.

7. Your Contributions comply with these Terms and all applicable laws.

Violating these terms may result in suspension or termination of your access to the Site.

CONTRIBUTION LICENSE

You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

GUIDELINES FOR REVIEWS

We may allow users to leave reviews, which must be:

1. Based on firsthand experience.

2. Free of profanity, hate speech, or discriminatory language.

3. Free of references to illegal activity.

4. Unbiased (no conflicts of interest or competitor affiliation).

5. Truthful and not misleading.

6. Free from organized review campaigns.

We may accept, reject, or remove reviews at our discretion but are not obligated to monitor them. Reviews do not reflect our opinions, and we are not liable for their content. By posting a review, you grant us a worldwide, royalty-free license to use and distribute it.

SOCIAL MEDIA

You may link your account to third-party services (e.g., social media accounts) by providing login details or granting us access to those accounts. You confirm that you have the right to share your login information and that linking does not violate third-party terms or incur fees.

By linking, we may access and store content from your third-party accounts, including friend lists, and may submit and receive information from those accounts, subject to your privacy settings. If a third-party service becomes unavailable or access is terminated, your content may no longer be accessible on the Site.

You can disconnect your third-party accounts at any time, and we will delete stored information, except for your username and profile picture. Your relationship with third-party services is governed by your agreements with them. We are not responsible for the content from third-party accounts.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

TERM AND TERMINATION

These Terms remain in effect while you use the Site. We reserve the right to deny access to the Site and Marketplace Offerings at our sole discretion, for any reason or no reason, including violations of these Terms or applicable laws. We may terminate your participation, delete your account, or remove content at any time, without notice or liability.

If your account is terminated or suspended, you are prohibited from creating a new account under your name, a fake name, or any third-party name. In addition to suspending or terminating your account, we may take legal action, including civil, criminal, or injunctive measures, as necessary.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations and Binding Arbitration

To resolve any disputes (collectively, "Disputes") under these Terms, both parties agree to first attempt informal negotiations for at least 30 days before starting arbitration.

If negotiations fail, the Dispute will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Arbitration will take place in New York, New York, and costs may be limited based on AAA Consumer Rules. If arbitration is not feasible, the Dispute will proceed in New York courts.

Restrictions
Arbitration will be conducted individually, and no class-action or representative actions are allowed.

Exceptions
The following are not subject to arbitration:

1. Disputes related to intellectual property rights

2. Disputes involving theft, piracy, privacy invasion, or unauthorized use

3. Claims for injunctive relief.

If any part of this provision is unenforceable, the Dispute will be decided in New York courts.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The Site is provided on an "as-is" and "as-available" basis. Your use of the Site is at your own risk. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties regarding the accuracy or completeness of the Site's content or content from linked websites. We are not responsible for any errors, personal injury, property damage, unauthorized access to secure servers, interruptions, bugs, viruses, or errors in content. We also do not guarantee any third-party products or services advertised on the Site, and are not responsible for any transactions with third-party providers. Use caution and good judgment when interacting with third-party products or services.

LIMITATIONS OF LIABILITY

In no event will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in these Terms, our liability to you for any cause, regardless of the form of action, will be limited to the amount paid, if any, by you to us during the one (1) month period prior to the occurrence of the cause of action. Certain U.S. state laws and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use, along with any policies or operating rules posted by us on the Site or in relation to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use will be enforced to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act caused by any circumstance beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision or part will be severed from these Terms of Use, and the remaining provisions will continue in full force and effect. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You waive any and all defenses based on the electronic form of these Terms of Use and the lack of signatures by the parties to execute them.