Terms of Service

Overview

Heart & Thorn operates this website and related services (the “Services”), including all content, features, tools, products, and transactions made available through the site.

These Terms of Service (“Terms”) govern your use of the Services and outline your rights and responsibilities. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use the Services.

The Services are hosted on a third-party commerce platform that enables us to operate the website and process transactions.

1. Access and Accounts

You represent that you are at least the age of majority in your jurisdiction, or that you have provided consent for any minor dependents to use the Services under your supervision.

To use certain features, you may be required to provide information such as your name, email, billing, payment, and shipping details. You agree that all information provided is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Accounts may not be transferred or assigned.

2. Products and Services

We make reasonable efforts to accurately present our products and services. However, variations in color, size, and appearance may occur due to device settings and the nature of floral and perishable items.

We do not guarantee that products will meet subjective expectations or appear exactly as displayed.

All product descriptions, availability, and pricing are subject to change at any time without notice. We reserve the right to discontinue products or limit quantities at our discretion.

3. Orders

Submitting an order constitutes an offer to purchase. We may accept or decline orders at our discretion.

An order is not accepted until payment is processed and confirmation is issued.

We may cancel or modify orders due to availability, errors, or other operational reasons. Where possible, we will notify you using the contact information provided.

Orders may not be cancellable once accepted or in processing.

Purchases may be made for personal, corporate, or event use, but may not be made for unauthorized resale or export.

All purchases are subject to our Refund Policy.

4. Pricing and Billing

Prices are subject to change without notice. The price charged will be the price in effect at the time of order confirmation.

Prices do not include applicable taxes, delivery charges, or other fees unless stated.

You agree to provide accurate billing and payment information and authorize us to charge the selected payment method for all applicable amounts.

5. Delivery

Delivery times are estimates and are not guaranteed.

We are not responsible for delays caused by carriers, weather, recipient availability, or events outside our control.

Risk of loss transfers upon delivery or when the order is left at the delivery location, as permitted under our Delivery Policy.

6. Intellectual Property

All content and materials on the Services, including text, images, graphics, and design, are owned by Heart & Thorn or its licensors and are protected by applicable intellectual property laws.

You may use the Services for personal or internal business purposes only. You may not reproduce, distribute, or exploit any content without prior written permission.

All trademarks, logos, and brand elements are the property of Heart & Thorn or their respective owners.

7. Third-Party Tools and Links

The Services may include tools, integrations, or links provided by third parties.

We do not control or guarantee the accuracy, functionality, or security of third-party services and are not responsible for their content or practices.

Use of third-party services is at your own risk.

8. Platform Hosting

The Services are supported by a third-party platform that processes transactions and supports website functionality. Transactions are conducted directly with Heart & Thorn.

9. Privacy

Your use of the Services is subject to our Privacy Policy.

10. Feedback

If you submit feedback, reviews, or other content, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, and display that content for any lawful purpose.

You represent that you have the right to submit such content and that it does not violate any third-party rights.

We are not obligated to maintain, compensate, or respond to submitted content.

11. Errors and Corrections

We reserve the right to correct errors, inaccuracies, or omissions at any time, including after an order has been placed.

12. Prohibited Use

You may not use the Services for unlawful or harmful purposes, including:

• Violating applicable laws or regulations
• Infringing intellectual property rights
• Transmitting harmful or malicious code
• Engaging in fraud, abuse, or deceptive practices
• Interfering with the operation or security of the Services

We may suspend or terminate access for violations of these Terms.

13. Termination

We may terminate or restrict access to the Services at any time without notice.

Obligations and provisions that by their nature should survive termination will remain in effect.

14. Disclaimer of Warranties

The Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied.

We do not guarantee uninterrupted, secure, or error-free operation.

Some jurisdictions may limit certain disclaimers; in such cases, limitations apply to the fullest extent permitted by law.

15. Limitation of Liability

To the fullest extent permitted by law, Heart & Thorn and its affiliates are not liable for any indirect, incidental, or consequential damages arising from your use of the Services or products.

16. Indemnification

You agree to indemnify and hold harmless Heart & Thorn and its affiliates from any claims arising from your use of the Services or violation of these Terms.

17. Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

18. Entire Agreement

These Terms, together with referenced policies, constitute the entire agreement between you and Heart & Thorn.

19. Assignment

You may not assign these Terms without our consent. We may assign them without restriction.

20. Governing Law

These Terms are governed by the laws of the State of California.

21. Changes to Terms

We may update these Terms from time to time. Updates will be posted with a revised effective date.

Continued use of the Services constitutes acceptance of updated Terms.

22. Contact

For questions about these Terms, please contact us through the Contact page on our website.