Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to The Plant and The Pour. The terms "we," "us," and "our" refer to The Plant and The Pour. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in these Terms (collectively, the "Terms"), describe your rights and responsibilities when you use our Services.
Please read these Terms carefully. They contain important information about your legal rights and obligations, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, please do not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in the state in which you reside. If you permit a minor in your household to use the Services, you are responsible for that minor's use of the Services and compliance with these Terms.
To use certain features of the Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete and that you have the right to provide such information.
You are responsible for maintaining the security of any account credentials you use to access the Services and for all activity associated with your account. You may not sell, transfer, or assign your account to another person.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to accurately describe and display our products in our online store. However, colors, images, dimensions, and other product characteristics may appear differently depending on your device, screen, settings, and other factors.
Certain products we sell, including plants and other natural products, may naturally vary in size, shape, color, growth pattern, maturity, and appearance. Product photographs are intended to provide a general representation and may not exactly match the individual product you receive unless otherwise stated.
For 3D-printed and other handmade or manufactured products, minor variations in appearance, texture, finish, or dimensions may occur as a result of the manufacturing process.
We reserve the right to modify product descriptions, pricing, availability, and other product information at any time without notice. We may discontinue products or limit quantities available for purchase at our discretion.
SECTION 3 — ORDERS
When you place an order through our Services, you are making an offer to purchase the products in your order. We reserve the right to accept or decline any order for any lawful reason.
Your order is not accepted until we have confirmed the order and received or authorized payment. We may cancel or modify an order if there is an error in product information, pricing, availability, shipping information, or for other appropriate reasons.
If we cancel or modify an order, we will make reasonable efforts to notify you using the contact information provided with your order.
Please review your order carefully before submitting it. Once an order has been accepted and entered into processing, we may be unable to accommodate cancellation requests.
Purchases are subject to our Refund Policy [LINK].
Unless otherwise agreed by us in writing, products purchased from our store are intended for personal or household use and not for unauthorized commercial resale.
SECTION 4 — PRICES AND BILLING
Prices, discounts, promotions, and product availability are subject to change without notice.
The price charged for a product will generally be the price displayed at the time you place your order and will be shown in your order confirmation. Unless otherwise stated, prices do not include applicable sales tax, shipping, or other charges that may apply.
We may offer promotions or discounts that are subject to additional terms. If the terms of a promotion conflict with these Terms, the specific promotion terms will control with respect to that promotion.
You agree to provide accurate, current, and complete billing, payment, shipping, and account information for all purchases. You agree to promptly update your information when necessary so that we can complete your transactions and contact you about your orders.
You represent that you are authorized to use the payment method provided for your purchase and authorize us or our payment processors to charge the applicable amount, including product costs, shipping charges, taxes, and other applicable fees.
SECTION 5 — SHIPPING AND DELIVERY
We ship products according to the shipping options and policies presented at the time of purchase.
Shipping and delivery dates are estimates only and are not guaranteed unless expressly stated otherwise. We are not responsible for delays caused by shipping carriers, weather, customs, natural disasters, or other circumstances beyond our reasonable control.
For products that are sensitive to shipping conditions, including live plants, customers are responsible for providing an accurate and secure delivery address and for promptly receiving packages after delivery.
Additional requirements or protections applicable to live plants or other products may be described in our Shipping Policy [LINK] and/or Refund Policy [LINK].
Where permitted by applicable law, risk of loss for products passes to you when the products are delivered to the shipping carrier for shipment to you.
SECTION 6 — INTELLECTUAL PROPERTY
The Services and their contents, including but not limited to our trademarks, logos, text, photographs, graphics, product designs, product descriptions, videos, audio, and the selection and arrangement of such materials, are owned by The Plant and The Pour or our licensors and are protected by applicable intellectual property laws.
These Terms permit you to access and use the Services for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written permission, except as permitted by law.
Nothing in these Terms grants you any license or other right to use our intellectual property except as expressly provided.
The Plant and The Pour name, logos, product names, designs, and slogans are trademarks of The Plant and The Pour or our licensors. You may not use our trademarks without our prior written permission.
Shopify's name, trademarks, and related intellectual property belong to Shopify. Other names, logos, and trademarks appearing on the Services belong to their respective owners.
SECTION 7 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to third-party tools, applications, services, or integrations that we do not control or monitor.
Such tools and services are provided on an "as is" and "as available" basis, without warranties or representations from us regarding their operation or availability. Your use of third-party tools is at your own risk and may be subject to additional terms imposed by the applicable third-party provider.
We may introduce new features, services, or tools through the Services from time to time. Any new features or tools will also be subject to these Terms unless otherwise stated.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to or integrations with websites, applications, services, or other content operated by third parties.
We are not responsible for the content, accuracy, availability, privacy practices, or policies of third-party websites or services. If you access a third-party website or service, you do so at your own risk.
Any transactions, products, services, or other interactions you have with third parties are between you and the applicable third party. Questions or complaints concerning third-party products or services should be directed to the applicable third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Our store is hosted and powered by Shopify, which provides the technology that allows us to offer the Services.
However, purchases made through our store are transactions directly between you and The Plant and The Pour. Shopify is not the seller of the products offered through our store and is not responsible for the products, fulfillment, returns, refunds, or other aspects of transactions between you and The Plant and The Pour, except as required by applicable law.
SECTION 10 — PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy [LINK].
Because our store is hosted by Shopify, Shopify may collect and process certain information about your use of the Services as described in Shopify's applicable privacy policies. Shopify's privacy policy can be found here: https://www.shopify.com/legal/privacy
Information submitted through our Services may be processed by us, Shopify, and other service providers that help us operate our business, process payments, fulfill orders, provide customer service, and otherwise provide the Services.
Please review our Privacy Policy [LINK] for additional information about how personal information is collected, used, and shared.
SECTION 11 — FEEDBACK AND REVIEWS
If you submit, post, email, or otherwise provide us with ideas, suggestions, feedback, reviews, photographs, videos, or other content ("Feedback"), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback in connection with operating, improving, and promoting our business and Services.
You represent that you have the necessary rights to provide the Feedback and that your Feedback does not violate the rights of any third party or applicable law.
We are not obligated to keep Feedback confidential, compensate you for Feedback, or respond to Feedback.
We may remove or decline to publish Feedback that we believe violates these Terms or is unlawful, abusive, defamatory, obscene, fraudulent, misleading, or otherwise inappropriate.
You are solely responsible for the Feedback you submit.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery estimates, or product availability.
We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders when necessary, including after an order has been submitted.
If we cancel an order because of an error in pricing or other material information, we will provide a refund of any amount you have paid for the canceled order.
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services:
(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable federal, state, or local law or regulation;
(c) to infringe upon or violate our intellectual property rights or the rights of others;
(d) to harass, abuse, threaten, defame, or harm us, our employees, our customers, or any other person;
(e) to submit false, misleading, or fraudulent information;
(f) to impersonate another person or entity;
(g) to interfere with or disrupt the operation or security of the Services;
(h) to transmit viruses, malware, or other harmful code;
(i) to use automated systems to scrape, copy, harvest, or collect content or information from the Services without our permission;
(j) to circumvent security, access controls, or other measures designed to protect the Services; or
(k) to engage in conduct that could reasonably be expected to harm The Plant and The Pour, our customers, our service providers, or the operation of the Services.
We reserve the right to suspend or terminate access to the Services when we reasonably believe that a user has violated these Terms or engaged in unlawful, fraudulent, abusive, or harmful conduct.
SECTION 14 — TERMINATION
We may suspend or terminate your access to the Services, in whole or in part, if we reasonably believe that you have violated these Terms or applicable law, or if continued access presents a risk to us, our customers, or our Services.
Termination will not affect any rights or obligations that arose before termination.
Provisions that by their nature should survive termination, including provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law, and dispute-related provisions, will survive termination.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information provided through the Services is provided for general informational purposes. We make reasonable efforts to keep the information accurate and current, but we do not guarantee that all information is complete, accurate, or error-free.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED BY US OR REQUIRED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLANT AND THE POUR AND OUR OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, SAVINGS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR YOUR PURCHASE OR USE OF PRODUCTS, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR PURCHASE OF PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
SECTION 17 — INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify and hold harmless The Plant and The Pour, our owners, officers, employees, agents, contractors, affiliates, licensors, and service providers from third-party claims, damages, liabilities, losses, and reasonable expenses arising out of or related to:
(1) your violation of these Terms;
(2) your violation of applicable law or the rights of another person; or
(3) your misuse of the Services.
We may assume control of the defense of any claim for which you are required to indemnify us, and you agree to reasonably cooperate with us in the defense of such claims.
SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will remain in full force and effect.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies or rules expressly incorporated into these Terms, constitute the entire agreement between you and The Plant and The Pour concerning your use of the Services and supersede prior or contemporaneous agreements concerning the same subject matter.
SECTION 20 — ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms, or our rights and obligations under these Terms, in connection with a merger, acquisition, sale of assets, corporate reorganization, or similar transaction.
SECTION 21 — GOVERNING LAW
These Terms and any separate agreements through which we provide Services will be governed by and interpreted in accordance with the laws of the State of Oregon, without regard to its conflict-of-laws principles.
Any legal action arising out of or relating to these Terms or the Services will be brought in a state or federal court located in Oregon, unless applicable law requires otherwise. You and The Plant and The Pour consent to the jurisdiction and venue of such courts.
SECTION 22 — HEADINGS
The headings used in these Terms are provided for convenience only and do not limit or otherwise affect the meaning of any provision.
SECTION 23 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
The Plant and The Pour
theplantandthepour@gmail.com