Terms of service

TERMS OF SERVICE

Last Updated: 10/12/2025

Overview

This website is operated by Poppy and Pansy, a Utah-based online boutique. Throughout the site, the terms “we”, “us” and “our” refer to Poppy and Pansy. We offer 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 (“Terms of Service” or “Terms”).

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.

 


 

1. Online Store Terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state of residence (18 years old in Utah) or that you have provided consent for any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws, including Utah state laws and federal laws governing e-commerce, consumer protection, and intellectual property.

Any breach of these Terms may result in the immediate termination of your access to our Services.

 


 

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time, as permitted under Utah and federal law.
Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card data is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

 


 

3. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information on this site is inaccurate, incomplete, or outdated. All material on this site is provided for general informational purposes and should not be relied upon as the sole basis for decision-making.

We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information unless required by law.

 


 

4. Modifications to the Service and Prices

Prices and product availability are subject to change without notice.
We reserve the right to modify or discontinue any Service or product at any time without liability.
We comply with all Utah laws regarding product pricing transparency and sales tax disclosure.

 


 

5. Products or Services

Certain products or services may be available exclusively online. These items may have limited quantities and are subject to our Return Policy.
We strive to display our products as accurately as possible; however, color or size representation may vary based on your device settings.

We reserve the right to limit sales to any person, region, or jurisdiction, including compliance with Utah export and sales laws.

We do not warrant that the quality of any products or services will meet your expectations.

 


 

6. Billing and Account Information

We reserve the right to refuse or cancel any order at our discretion, including suspected fraudulent or resale-based purchases.
You agree to provide accurate, current, and complete billing and account information for all transactions.

All Utah residents are subject to applicable Utah sales and use tax where required by law.
For more details, please review our Return and Refund Policy.

 


 

7. Third-Party Tools and Links

We may provide access to third-party tools or websites. You acknowledge that we have no control or liability over these third parties. Your use of any third-party tool or link is entirely at your own risk and subject to their terms and privacy policies.

 


 

8. User Comments and Submissions

If you submit content (including comments, suggestions, or testimonials), you grant us a non-exclusive, royalty-free right to use, reproduce, and display such content for business purposes.
You agree that your submissions will not violate any third-party rights, contain unlawful material, or misrepresent your identity.

 


 

9. Personal Information

Your submission of personal data is governed by our Privacy Policy, consistent with the Utah Consumer Privacy Act (Utah Code §13-61).

 


 

10. Errors and Omissions

Occasionally there may be information containing typographical errors or inaccuracies. We reserve the right to correct or update such information without notice, as permitted by law.

 


 

11. Prohibited Uses

You are prohibited from using the site or its content for:

  • Any unlawful purpose under Utah or federal law;

  • Harassment, defamation, discrimination, or abuse;

  • Uploading malicious code;

  • Misleading or fraudulent activity;

  • Interference with security features of the website.

Violation of this section may result in termination of your access and possible legal action under Utah law.

 


 

12. Disclaimer of Warranties; Limitation of Liability

Our Services are provided “as is” and “as available.” We make no guarantees regarding uninterrupted, error-free, or secure use.

To the fullest extent permitted by Utah Code §70A-2-316 and other applicable law, Poppy and Pansy disclaims all implied warranties, including merchantability and fitness for a particular purpose.

In no event shall Poppy and Pansy, its owners, employees, or affiliates be liable for indirect, incidental, or consequential damages arising from your use of the site or products, except as required by Utah law.

If Utah law does not allow the exclusion of certain warranties or damages, our liability shall be limited to the minimum extent required by law.

 


 

13. Indemnification

You agree to indemnify and hold harmless Poppy and Pansy and its affiliates from any claims, losses, or damages (including attorney fees) arising from your violation of these Terms or any applicable Utah or federal law.

 


 

14. Severability

If any part of these Terms is found unlawful or unenforceable under Utah law, the remaining provisions will continue in full effect.

 


 

15. Termination

Either you or we may terminate this agreement at any time. We may also suspend or terminate access immediately for violations of these Terms.

All payment obligations and intellectual property rights shall survive termination.

 


 

16. Entire Agreement

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Poppy and Pansy and supersede any prior agreements.

 


 

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-law principles.

Any disputes shall be resolved exclusively in the state or federal courts located in Salt Lake County, Utah, unless both parties agree to alternative dispute resolution such as mediation or arbitration.

 


 

18. Changes to Terms

We reserve the right to modify these Terms at any time. Updates will be posted on this page with the revised date. Continued use of the site constitutes acceptance of the new Terms.

 


 

19. Contact Information

Questions regarding these Terms should be sent to:
📧 poppyandpansyco@gmail.com