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Terms of service

Terms of Service

Overview

Welcome to Peyton Englewood. The terms “we,” “us,” and “our” refer to Peyton Englewood.

Peyton Englewood operates this website and store, including the information, content, features, tools, products, and services offered through it (collectively, the “Services”). Our store is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and services to you.

These Terms of Service, together with any policies referenced here, describe your rights and responsibilities when using our Services.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree, you should not use the Services.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other rights that cannot legally be waived.

1. Access and Accounts

By using our Services, you represent that you are at least the age of majority in your state or province of residence, or that you have given permission for a minor dependent to use the Services on a device you own or manage.

You may be asked to provide information such as your name, email address, billing information, payment details, and shipping address. You agree that all information you provide is accurate, current, and complete.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account.

2. Our Products

We make every reasonable effort to accurately represent our products and services. However, colors and product appearance may vary depending on lighting, photography, screen settings, device type, and other factors outside our control.

Product descriptions, availability, pricing, and quantities may change without notice. We reserve the right to discontinue products or limit quantities at any time, subject to applicable law.

Natural Materials

Many Peyton Englewood products are made with fresh, dried, preserved, or other natural materials.

Variations in color, size, shape, texture, fullness, and appearance are natural and expected. These variations are part of the character of each piece and are not considered defects.

Because natural and seasonal materials vary, finished pieces may not look exactly like photographs shown on our website.

When necessary, we may make thoughtful substitutions based on seasonal or material availability while preserving the overall style, quality, and value of the original design.

3. Orders, Seasonal Products, and Preorders

When you place an order, you are making an offer to purchase and authorize us and our payment processors to charge your selected payment method for the total amount of your order.

Peyton Englewood reserves the right to accept, decline, modify, or cancel an order when reasonably necessary and as permitted by law.

Please review your order carefully before submitting it. Because we often begin preparing orders quickly, we may be unable to accommodate changes or cancellations after an order has been accepted or entered processing.

If we cancel an order after payment has been collected, any required refund will be issued to the original form of payment.

Purchases are subject to our Refund Policy and any additional conditions clearly stated on the applicable product page.

Seasonal Products & Preorders

Certain fresh, seasonal, limited-edition, made-to-order, or specially sourced products may be offered for preorder.

Estimated shipping, pickup, delivery, or availability dates will be provided whenever possible. These dates are estimates and may occasionally change due to weather, growing conditions, supplier availability, carrier delays, or other circumstances outside our reasonable control.

Fresh and seasonal materials are subject to natural availability. When necessary, we may make reasonable substitutions while maintaining the overall character, quality, and value of the design.

Cancellation and refund eligibility for seasonal and preorder items will be stated on the applicable product page and/or in our Refund Policy.

4. Prices and Billing

Prices, discounts, and promotions may change without notice.

The price charged for an item will be the price shown at the time your order is placed and reflected in your order confirmation.

Unless otherwise stated, prices do not include applicable taxes, shipping, handling, customs, or other charges.

You agree to provide current, complete, and accurate payment and account information and represent that you are authorized to use the payment method provided.

5. Shipping and Delivery

All delivery dates and transit times are estimates only and are not guaranteed.

Peyton Englewood is not responsible for delays caused by shipping carriers, severe weather, natural disasters, labor disruptions, supply shortages, governmental actions, or other circumstances outside our reasonable control.

To the fullest extent permitted by applicable law, risk of loss passes to the customer once an order has been transferred to the shipping carrier.

Please see our Shipping Policy for additional information regarding processing times, tracking, shipping addresses, carrier delays, and lost or damaged packages.

6. Intellectual Property

6. Intellectual Property

Unless otherwise noted, all content available through the Services, including our text, photographs, graphics, artwork, product descriptions, videos, designs, branding, logos, product concepts, original patterns, creative materials, and other proprietary content, is owned by Peyton Englewood or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.

The purchase of a product does not transfer ownership of any intellectual property rights associated with that product, its design, branding, artwork, photography, packaging, or underlying creative work.

You may access the Services for your personal, non-commercial use only.

Without our prior written permission, you may not reproduce, copy, republish, distribute, modify, imitate, create derivative works from, commercially exploit, manufacture from, resell, photograph for commercial replication, or otherwise use our original content, designs, artwork, photographs, branding, product concepts, or other proprietary materials except as expressly permitted by law.

Peyton Englewood actively protects and enforces its intellectual property rights. We monitor for unauthorized use, reproduction, imitation, copying, distribution, or commercial exploitation of our copyrighted works, trademarks, designs, branding, and other proprietary materials.

We take copyright and trademark infringement seriously and will aggressively pursue unauthorized use to the fullest extent available to us under applicable law. This may include issuing takedown demands, reporting infringing content or listings to online platforms and service providers, and pursuing other legal remedies when appropriate.

Peyton Englewood names, logos, product names, designs, slogans, artwork, and other source-identifying materials may be protected by trademark, copyright, or other intellectual property rights. No license or right to use these materials is granted except with our prior written consent.

All rights not expressly granted are reserved.

7. Optional Tools

We may provide access to third-party tools or services that we do not control or monitor.

These tools are provided on an “as is” and “as available” basis. Your use of third-party tools is at your own discretion and may also be subject to the third party’s own terms and policies.

We may introduce additional tools, features, or services in the future, and those features will also be subject to these Terms.

8. Third-Party Links, Recommendations & Affiliate Relationships

Our Services, including our website and blog, may contain links to websites, products, services, or resources operated by third parties.

We are not responsible for the accuracy, availability, policies, practices, products, or services of third-party websites. If you choose to visit or purchase from a third party, your interaction is between you and that third party.

Please review the policies and terms of any third-party website before completing a transaction.

Affiliate Links & Recommendations

From time to time, Peyton Englewood may share products, brands, shops, services, or resources that we use, enjoy, or recommend.

Some links may be affiliate or commissionable links. This means Peyton Englewood may receive a commission when a purchase is made through the link, at no additional cost to you.

Sponsored content, gifted products, paid partnerships, and other material relationships will be disclosed where applicable.

Our opinions and recommendations remain our own.

9. Relationship with Shopify

Peyton Englewood is powered by Shopify, which provides the ecommerce technology used to operate our store.

Sales made through our store are transactions between you and Peyton Englewood.

Shopify is not the seller of Peyton Englewood products and is not responsible for the products or services purchased from us.

Your use of Shopify-powered features may also involve Shopify’s collection and processing of information as described in our Privacy Policy and Shopify’s own privacy documentation.

10. Privacy

Our Privacy Policy explains how we collect, use, process, and disclose personal information in connection with the Services.

Because our store is hosted by Shopify, information about your interactions with the Services may be processed by Shopify and other service providers that help us operate our business, process transactions, prevent fraud, provide analytics, communicate with customers, and deliver other services.

Please review our Privacy Policy for more information.

11. Reviews, Feedback & Submissions

If you submit reviews, photographs, ideas, suggestions, feedback, comments, or other content to us, you represent that you have the right to provide that material.

Unless otherwise agreed in writing, you grant Peyton Englewood a non-exclusive, worldwide, royalty-free right to use, reproduce, publish, display, and share that content for purposes related to operating, improving, or promoting our business.

You may not submit unlawful, misleading, defamatory, abusive, infringing, obscene, malicious, or otherwise inappropriate material.

You are responsible for the content and accuracy of your submissions.

12. Errors, Inaccuracies & Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, promotions, shipping charges, transit times, or other information.

We reserve the right to correct errors, update information, or cancel orders affected by inaccurate information, subject to applicable law.

If we cancel an order after payment has been collected, we will issue any refund required by law.

13. Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services to:

  • Violate applicable laws or regulations

  • Infringe our intellectual property rights or those of another person

  • Harass, abuse, threaten, defame, or harm another person

  • Transmit false or misleading information

  • Send spam, unauthorized solicitations, or malicious content

  • Upload viruses, malware, or harmful code

  • Collect or track the personal information of others without authorization

  • Scrape, copy, extract, reproduce, or commercially exploit our website or content without permission

  • Circumvent security or access-control measures

  • Interfere with the operation or security of the Services

We reserve the right to suspend or terminate access to the Services if we reasonably believe these Terms have been violated.

14. Automated Agents

If automated software, artificial intelligence tools, bots, agents, crawlers, or similar technologies access or interact with the Services, they must comply with all technical restrictions, identification requirements, access controls, and instructions applicable to the Services.

Automated systems may not conceal their automated nature, circumvent security measures, bypass access restrictions, evade CAPTCHAs, or otherwise access the Services in a manner we have prohibited.

We may restrict or block automated access at any time.

15. Termination

We may suspend or terminate access to the Services when reasonably necessary, including where these Terms have been violated.

Any provisions that by their nature should continue after termination will remain in effect, including provisions relating to intellectual property, liability, indemnification, governing law, and other continuing obligations.

16. Information, Blog & Editorial Content

Content published on the Peyton Englewood website or blog is provided for general informational, inspirational, and editorial purposes.

While we make reasonable efforts to provide useful and accurate information, we do not guarantee that all information will always be complete, current, or suitable for every individual project or circumstance.

Any reliance on information provided through our website is at your own discretion.

17. Disclaimer of Warranties

Except as expressly stated by Peyton Englewood or required by applicable law, the Services and products offered through the Services are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim warranties or conditions of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow certain exclusions or limitations of warranties, so portions of this section may not apply to you.

18. Limitation of Liability

To the fullest extent permitted by law, Peyton Englewood and our owners, partners, officers, employees, affiliates, contractors, service providers, agents, and licensors will not be liable for indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products purchased through the Services.

This may include, where legally permitted, loss of profits, revenue, savings, data, or replacement costs.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

19. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Peyton Englewood, Shopify, and our respective affiliates, owners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable legal expenses arising from:

  1. Your breach of these Terms;

  2. Your violation of applicable law or the rights of another party; or

  3. Your misuse of the Services.

20. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will continue in effect.

Nothing in these Terms limits rights that cannot legally be waived.

21. Waiver & Entire Agreement

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

These Terms, together with the policies and other terms referenced on our website, constitute the agreement between you and Peyton Englewood regarding your use of the Services.

22. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms as permitted by applicable law.

23. Governing Law

These Terms are governed by the laws of the jurisdiction in which Peyton Englewood is headquartered or incorporated, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Nothing in this section limits any rights you may have to bring a claim in another jurisdiction when those rights cannot legally be waived.

24. Translations

If these Terms are made available in another language, the English version will control to the extent permitted by law if there is a conflict or inconsistency between versions.

25. Headings

Section headings are provided for convenience and do not affect the interpretation of these Terms.

26. Electronic Communications

By using the Services or placing an order, you agree that we may send transactional and service-related communications electronically.

These may include communications regarding your order, payment, shipping, account, returns, policies, or other service-related matters.

Marketing communications are handled separately in accordance with your choices and our Privacy Policy.

You are responsible for keeping your contact information current.

27. Changes to These Terms

You can review the most current version of these Terms of Service on this page.

We may update these Terms from time to time by posting a revised version on our website.

When required by applicable law, we will provide notice of material changes.

28. Contact Information

Questions about these Terms of Service may be sent to:

welcome@peytonenglewood.com

Additional business contact information is available in our Contact Information policy.