terms & Conditions
Acceptance
These terms are entered into by “You” (the user or viewer of this Website) and Petal and Thorn (“We” “Us” “Our” “Business”). By using this Website, you accept and agree to be bound and abide by these Terms & Conditions along with our Privacy Policy. Please read these carefully, as they govern Petal and Thorn’s relationship with you in relation to this Website and the products or services it offers.
Changes
We may revise and update these Terms & Conditions at any time, per our discretion. All changes are effective immediately and your continued use of the Website following such revisions will be considered an acceptance of the changes. It is your responsibility to check this page from time to time for any changes, as they are binding to you.
Accessibility
We reserve the right to withdraw, amend or otherwise change this Website, and any material or service we provide on or through the Website, in our sole discretion and without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period.
To access some parts of the Website or services it offers, you may be asked to provide certain details and information. It is a condition of your use of this Website that all the information you provide on the Website is correct, current, and complete. You agree that all the information you provide to this Website is governed by our Privacy Policy, and you consent to all the actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights
The Website and its entire contents, features, and functionality are owned by the Business or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on our Website, except as follows:
Your computer may temporarily store copies of materials incidental to your accessing and viewing of those materials.
Storage of files automatically cached by your web browser for display enhancement purposes.
You must not:
Modify copies of any material from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any proprietary rights notices from copies of materials from this site.
Print or download copies of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
Access or use for any commercial purposes any part of the Website or any service or material available through the Website.
Warranty
Your use of the Website, its content, and any services or products obtained through the Website is at your own risk. The Website, its content, and any services or products obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either expressed or implied. Neither the Business nor any person associated with the Business makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website, its contents, or any services or products it offers. Without limiting the foregoing, neither the Business nor anyone associated with the Business represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
Limitation on Liability
In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damages or any kind, under any legal theory, arising out of or in connection to your use or inability to use the Website, or any website linked to it, any content on the Website or any such websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to: personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including “reasonable” attorney’s fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s content, services, and products other than is expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
Online Sales
We are committed to providing you with an outstanding online shopping experience. Should you have any questions or concerns, please feel free to contact us by email.
The following Terms and Conditions for Online Purchases contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions, that might apply to you. By placing an order for products from this Website, you accept and are bound by these Terms and Conditions. Please read them carefully.
These Terms and Conditions apply to the purchase and sale of products and services through www.petal-thorn.com (Website). These terms are subject to change by Petal and Thorn (“We” “Us” “Our” “Business”) without prior written notice at any time, in our sole discretion. You should review these Terms and Conditions before purchasing any product or service that is available through this Website. Your continued use of this Website after such changes have posted will constitute your acceptance of and agreement to such changes.
Order Acceptance & Cancelation
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After receiving your order, we will send an order confirmation e-mail. Acceptance of your order and the formation of the contract of sale between Petal and Thorn and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling Customer Service at (858) 255-0213.
Payment and Pricing
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.
You represent and warrant that:
The payment information you supply to us is true, correct, and complete.
You are duly authorized to use such information for the purchase.
Charges incurred by you will be honored by your credit or debit card company.
You will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All prices posted on this Website are quoted in U.S. dollars and 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. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart. While we try to ensure that all prices on our Site are accurate, however, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will honor the lesser of the two amounts.
Shipments, Delivery, Title and Risk of Loss
We will arrange for delivery of the products ordered to the designated recipient address. Please review the check out page for specific delivery options. You will pay all delivery charges specified during the ordering process.
Title and risk of loss to products you order on this Website pass to you upon delivery, provided that we have received full payment for the products. Delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays caused by miss information, in-climate weather, or natural disasters.
Returns and Refunds
We proudly stand behind the design and quality of our products. We do not accept returns or refunds. Should there be any issue you wish to discuss, please call our Customer Service (858) 255-0213.
Goods not for Resale
You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale.
Intellectual Property and Ownership
You acknowledge and agree that: Petal and Thorn, Thomas Hoyle, and any other providers of products made available on this Website are and will remain the sole and exclusive owners of all intellectual property rights in and to each respective product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Website, or of any intellectual property rights relating to those products or services.
Miscellaneous
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Petal and thorn.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices
Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement. Our order confirmation, these Terms, our Website Terms and Conditions and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
PRivacy policy
Introduction
Petal and Thorn (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.petal-thorn.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
On our Website.
In e-mail, text, and other electronic messages between you and our Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
Phone calls to Company.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company or any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Analytics
This website collects personal data to power our site analytics, including:
Information about your browser, network, and device
Web pages you visited prior to coming to this website
Your IP address
This information may also include details about your use of this website, including:
Clicks
Internal links
Pages visited
Scrolling
Searches
Timestamps
We share this information with Squarespace, our website analytics provider, to learn about site traffic and activity.
Cookies
This website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information about viewing the cookies dropped on your device, visit The cookies Squarespace uses.
These functional and required cookies are always used, which allow Squarespace, our hosting platform, to securely serve this website to you.
These analytics and performance cookies are used on this website, as described below, only when you acknowledge our cookie banner. This website uses analytics and performance cookies to view site traffic, activity, and other data.
Visitor Data
For Customers
When you buy something on this website, we collect personal information from you to fulfill the order. We may collect information like your:
Billing and shipping address
Details relating to your purchase (for example, your shirt size)
Email address
Name
Phone number
We share this information with Squarespace, our online store hosting provider, so that they can provide website services to us.
As you go through checkout, this site may auto-complete your shipping and billing address by sharing what you type with the Google Places API and returning suggestions to you to improve your checkout experience.
For Form Block Submissions
When you submit information to this website via webform, we collect the data requested in the webform in order to track and respond to your submissions. We share this information with Squarespace, our online store hosting provider, so that they can provide website services to us. We also share this information with for storage and with Zapier for data porting.
For Website Visitors
This website is hosted by Squarespace. Squarespace collects personal data when you visit this website, including:
Information about your browser, network and device
Web pages you visited prior to coming to this website
Web pages you view while on this website
Your IP address
Squarespace needs the data to run this website, and to protect and improve its platform and services. Squarespace analyzes the data in a de-personalized form.
Customer Accounts
If you create a customer account on this website, we collect personal information to improve our checkout experience and customer service.
This information may include your:
Billing and shipping address(es)
Details about your orders (for example, your shirt size)
Email address
Name
Phone number
We share this information with Squarespace, our website hosting provider, so they can provide website services to us.
Emails
Abandoned Cart Emails
You’ll receive an automated email within 24 hours after you abandon your shopping cart, if all of the following occur:
You enter your email address at checkout, or are logged into your customer account.
You add a product which is in stock to your shopping cart.
You close your browser or leave this website without completing your purchase.
You can unsubscribe from these messages at the bottom of the email.
The email will link back to this website, where you can pick up where you left off and complete your purchase.
Marketing Emails
We may send you marketing emails, which you can unsubscribe from by clicking the link at the bottom of the email. We share your contact information with Squarespace, our email marketing provider, so they can send these emails on our behalf.
Order and Account Emails
We may email you with messages about your order or account activity. For example, we may email you to tell you that:
You’ve created a customer account
Your customer account password has been reset or updated
You’ve made a purchase
Your order has shipped
It’s not possible to unsubscribe from these messages.
We share your contact information with Squarespace, our website hosting provider, so they can send these emails to you on our behalf.
Fonts
This website uses font files from Google Fonts and Adobe Fonts. To properly display this site to you, servers where the font files are stored may receive personal information about you, including:
Information about your browser, network, or device
Your IP address