Terms of service

Here is the rewritten and polished version of your Terms of Service. I have standardized the brand name to Poppy+Lily, integrated the "no refunds" rule, ensured the language is "future-proof" for your LLC transition, and localized the legal jurisdiction to Florida.

TERMS OF SERVICE

OVERVIEW

Welcome to Poppy+Lily. Throughout this website, the terms "we", "us" and "our" refer to Poppy+Lily. Poppy+Lily offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Poppy+Lily is powered by Shopify, which provides the e-commerce platform that allows us to sell our products and services to you. By visiting our site and/or purchasing something from us, you engage in our "Services" and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any 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 or province of residence. To use our Services or purchase products, you may be asked to provide certain information, such as your email address, billing, and shipping information. You represent and warrant that all information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account.

SECTION 2 - OUR PRODUCTS

We take great pride in our handcrafted self-care items.

Accuracy: We make every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
Handcrafted Variations: Because our products are handcrafted in small batches, slight variations in color, scent, or texture may occur. This is a natural part of the artisanal process and does not constitute a defect.
Modifications: We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

SECTION 3 - ORDERS AND CANCELLATIONS

When you place an order, you are making an offer to purchase. We reserve the right to refuse any order you place with us.

Cancellations: Because we prioritize quick fulfillment, we can only accommodate cancellation requests within 2 hours of purchase. Once an order has moved into the fulfillment phase, it cannot be canceled.
Returns: Your purchases are subject to our Refund Policy. Due to the personal and hygienic nature of our self-care products, all sales are final. We do not offer returns, refunds, or exchanges.

SECTION 4 - PRICES AND BILLING

Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You represent and warrant that you are authorized to use the payment method provided.

SECTION 5 - SHIPPING AND DELIVERY

While we strive for timely delivery, Poppy+Lily is not liable for shipping and delivery delays. All delivery times are estimates. Once we transfer products to the shipping carrier, the title and risk of loss pass to you. We are not responsible for delays caused by carriers or for packages delivered to an incorrectly provided address.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all brand names, text, graphics, logos, images, and product reviews, are the property of Poppy+Lily and are protected by copyright, trademark, and other intellectual property laws. You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, or modify any material from our Services without our prior written consent.

SECTION 7 - THIRD-PARTY LINKS AND TOOLS

We may provide you with access to third-party tools (such as Shopify Analytics) or links to third-party websites. We neither monitor nor have any control over these tools or sites. We are not liable for any harm or damages related to the purchase or use of goods, services, or content made in connection with any third-party websites.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

Poppy+Lily is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. You acknowledge that Shopify is not responsible for any aspect of the sales between you and Poppy+Lily, and you release Shopify from all claims and liabilities arising from your transactions with us.

SECTION 9 - PRIVACY POLICY

Your submission of personal information through the store is governed by our Privacy Policy. By using the Services, you acknowledge that you have read and understood how we and Shopify collect and process your data.

SECTION 10 - FEEDBACK AND REVIEWS

If you send us creative ideas, suggestions, or product reviews ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, edit, and publish that Feedback in any medium. We are under no obligation to maintain Feedback in confidence or to pay compensation for it.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe upon or violate our intellectual property rights; (d) to harass, abuse, or harm others; (e) to upload or transmit viruses or any other type of malicious code; or (f) to collect or track the personal information of others.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICE AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL POPPY+LILY, ITS OWNER, OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE.

SECTION 13 - INDEMNIFICATION

You agree to indemnify and hold harmless Poppy+Lily and its affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law.

SECTION 14 - 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.

SECTION 15 - GOVERNING LAW

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 State of Florida. Any legal action or proceeding related to Poppy+Lily shall be brought exclusively in the courts located in Orange County, Florida.

SECTION 16 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.