OVERVIEW

This website is owned and operated by Nurture by Wildflower LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Nurture by Wildflower. These terms set forth the Terms and Conditions under which you may use our website and services as offered by us. This website offers visitors access to our products and our original content. All rights reserved. By accessing or using our website, you approve that you have read, understood, and agree to be bound by the Terms, conditions and policies provided here. 

 

 

SECTION 1. GENERAL CONDITIONS

When visiting our site, purchasing our products, or engaging in our content you are engaging in our “Service,” in order to use our website and purchase our products, you must be of the legal age of majority in your jurisdiction, and/or possess the legal authority, right and freedom to enter into these terms as a binding agreement. You are not allowed to use this website and/or purchase our products if doing so is prohibited in your country or under any law or regulation applicable to you.

 

By using our site, you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You agree not to transmit any worms, viruses, or any code including but not limited to that of a destructive or malicious nature. Any breach or violation of any of the Terms will result in an immediate termination of your Services and potential legal ramifications. The headings provided in this agreement are included for the purposes of convenience only and do not limit or otherwise affect these Terms. 

 

SECTION 2. STORE TERMS

We reserve the right to refuse service to anyone for any reason at any time. 

By using our site you understand and agree that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. General orders are placed by on the website. General orders are classified as singles, doubles, an quadruples. Custom and wholesale orders should be initiated through our contact form on the home page. 

 

You agree not to duplicate, recreate, reproduce, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provide, without express written permission by us. 

 

SECTION 3. MODIFICATIONS TO SERVICE & PRICES 

We reserve the right at any time to change our prices without prior notice to you. Price adjustments that occur after a service has been paid for will not have any bearing on the user. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice to you at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

 

SECTION 4. PRODUCTS & SERVICES

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We reserve the right to limit the quantities of any products or services that we offer. We have made 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. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All product names, descriptions of products, and/or product pricing  are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We reserve the right to redistribute our products at our sole discretion for limited periods of time without prior notice to you. Some of our products or services may be available exclusively online through our website. Products or services such as these may have limited quantities and are only subject to return or exchange according to our Return Policy. Any offer for any product or service made on this site is void where prohibited.

 

 

SECTION 5. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms, and may warrant updates to these Terms. We maintain no obligation to notify you of these updates.

 

SECTION 6. THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with, operated or controlled by us. We are not responsible for examining or evaluating the content or accuracy of these third- parties and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 7.  COMMUNITY MEMBERSHIP GUIDELINES

Upon accessing our site, becoming a member, and engaging the service you agree to follow our community guidelines which are as follows: (i) Be tolerant and respectful towards other’s, their viewpoints, belief systems, and all aspects of their background, including without limitation, race, ethnicity, sexual orientation, religion, gender, or disability;(ii) respectfully disagree when opinions do not align (Iii) Respect the privacy and personal information of fellow community members and private community forums. (iv) Communicate with courtesy and respect. (v) Users agree not make personal attacks or threats of any kind on other community members, use defamatory remarks or make false statements against others. (vi) Users agree not to post prejudiced comments (vii) Users agree not to post obscene materials (viii) Users agree not to bully, troll, or make inflammatory remarks to other community members. (ix) Users agree not to post, share, or dispatch without limitation spam, malware, bots, viruses, or code of any kind. (x) Users agree not to engage in the dispatch or solicitation of explicit materials or illegal activities. 

By using the service you agree that you have read and understand these guidelines in full, or have proper assistance to facilitate the processing of these Terms. Violation of these Terms is grounds for and may result in immediate termination of membership and any further services. We reserve the right to pursue any violations of these Terms to the fullest extent of the law.

 

SECTION 8. RIGHT TO SUSPENSION & CANCELLATION OF USER ACCOUNTS

We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

SECTION 9. COMMENTS, FEEDBACK & SUBMISSIONS

Upon our request, or of your own volition you may enter certain submissions that include but are not limited to, comments, feedback, creative ideas or materials, proposals, plans, contest entries, or other materials whether online, by email, via postal mail, or otherwise you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate an otherwise use in any medium any comments that you submit to or share with us. We are and shall remain under NO obligation to (i) maintain any comments in confidence; (ii) to share or utilize any comments provided (iii) to pay any compensation for any comments feedback, creative materials, etc (iv) or to respond to any comments. 

 

We reserve the right but maintain no obligation to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable to that violates any party’s intellectual property of these Terms.

 

You agree that your comments will not violate any right of any third-party including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or any other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, falsify your identity, assume the identity of a person other than yourself or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10. PERSONAL INFORMATION

The submission and collection of your personal information is governed by our Privacy Policy. Please review the specifications of those Terms. 

 

SECTION 11. PROMOTIONAL COMMUNICATION

By using the Service you agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time.

 

SECTION 12. SHIPPING

We offer flat rate domestic shipping to the United States of America for $12.99 for general orders. Our standard shipping option includes a processing time of 5-7 business day. Once your order has shipped you will received a shipping confirmation email including your tracking information. Please allow up to 48 hours for tracking information to appear, and five days for delivery of products. You agree to allow up to 12 days for the completion of your order. The standard shipping process does not apply to custom and whole sale orders. You agree that you are responsible for making necessary arrangements to receive your delivery for general, custom, and wholesale orders. 

​

Please thoroughly review your shipping address before submitting your order to ensure its accuracy and increase chances of delivery guarantee. Simple mistakes like inputting the wrong address or an old address can delay your order or lead to products being returned to us via our shipping courier. When this happens , these items are classified as RETURNED SHIPPING. If your item is returned to us,  you are responsible for purchasing shipping to receive the order sent again.  In the event that the products are classified as RETURNED SHIPPING and a refund is requested a mandatory restocking fee of $12 will be deducted from the refund. For detailed information on our shipping process please review our Shipping Policy.

 

SECTION 13. WHOLESALE & CUSTOM ORDERS

You agree there will be absolutely NO copying of any products. Wholesale buyer undertakes not to copy, produce, make, modify or manufacture or assist any other party to copy, produce, make, modify or manufacture the products or any part thereof or any literature or media related thereto for use, sale or any other purpose. Dealer shall preserve the confidentiality, without limitation, of the following: trade secrets, business plans, product designs, marketing, strategies, customer lists, supplier lists, and all other confidential or proprietary information, according to the provisions of this agreement. 

 

 

SECTION 14. ACCURACY OF BILLING AND ACCOUNT INFORMATION

By engaging the Service you agree to provide current, complete, and accurate billing and account information for all purchases made with us. You agree to promptly update any account information and other information, including email address, credit card numbers,  and expiration dates, so that we can maintain contact with you as needed and complete your transaction with efficiency. 

 

We reserve the right to refuse and refund any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you through the contact information provided when the order was made including mediums such as e-mail, phone number, and/or billing address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. 

 

For more detailed information review our Shipping, Returns, and Privacy policies. 

 

SECTION 15. ACCURACY & TIMELINESS OF INFORMATION

We are not responsible if information provided within the site or Service is not accurate, complete, or current. The material on this site is available for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. 

 

This site may contain historical information. Historical information is not guaranteed as current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but maintain no obligation to update any information on our site, or update you with any changes made. You agree that it is your responsibility to monitor changes made to our site.

 

SECTION 16. ERRORS INACCURACIES & OMISSIONS

Occasionally when operating our site or engaging the Service there may be information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transmit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update the information or cancel orders if any information in the Service or any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh update applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any website has been modified or updated. 

 

SECTION 17. WARRANTIES & RESPONSIBILITY FOR SERVICES & PRODUCTS

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. Customers seeking exchanges, refunds, or store credit are required to submit a warranty claim. Submissions of warranty claims are evaluated on a case by case basis and are not guaranteed. Warranty claims can be submitted to nurturebywildflower@gmail.com When we receive a valid warranty claim for a product purchased from us, we offer the following options: we exchange the product with an item of equal value at no extra cost to you, we offer store credit towards a future purchase, or we provide a refund. We will pay for shipment of exchanged products to customer. Consumers should be advised that this offer is not valid for orders considered as RETURNED SHIPPING (for more information see Section 6 of our Shipping Policy).  Refunds, store credit, and exchanges, are unavailable five days after products are received by/delivered to customer. Valid warranty claims are mandatory for customers seeking exchanges, refunds, and store credit. A valid warranty claim requires a written submission accompanied by photo or video evidence of the damages to the products. Due to the nature of certain products and their intended use, under no circumstances are you to return those specified items used or damaged vessels to us. Some product exchanges will require that the customer return the defective item. In those specific cases, we will pay for the shipping but the exchange process will remain on hold until the defective item is received and assessed. 

 

SECTION 18. LIMITATION OF LIABILITY  

To the maximum extent permitted by applicable law, in no event shall Nurture by Wildflower, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

 

To the maximum extent permitted by applicable law, Nurture by Wildflower assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

You expressly agree that your use of, or inability to use the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kinds, either express or implied, including all implied warranties or conditions of merchantability, merchantable quantity, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Nurture by Wildflower, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise arising from your use of any of the Service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

 

SECTION 19. OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS

The Service and all materials therein or transferred thereby, including without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all intellectual property rights related thereto, are the exclusive property of Nurture by Wildflower. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

SECTION 20. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information ;  (vii) to upload or transmit viruses or any other type of malicious code that will or may not me used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any relate website for violating any of the prohibited uses. 

 

SECTION 21. INDEMNIFICATION

You agree to indemnify and hold Nurture by Wildflower and, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the aforementioned by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

SECTION 22. SEVERABILITY

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 23. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective until or unless they are terminated by you or us. You reserve the right to terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any party thereof).

 

SECTION 24. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and Nurture by Wildflower and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written between you an us (including but not limited to, any prior versions of the Terms.) Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

 

SECTION 25. GOVERNING LAW & DISPUTE RESOLUTION

These Terms and Conditions, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Southern California, California without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Southern California, California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

SECTION 26. UPDATES & MODIFICATIONS TO TERMS OF SERVICE

Our Terms and Conditions are available here at any time for customer and client review. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you agree to review these Terms periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the website or our Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use, access, or continue to access the website or the Service.

 

SECTION 27. CONTACT INFORMATION 

Questions about the Terms and general inquiries should be sent to nurturebywildflower@gmail.com