Terms of Service

OVERVIEW

Welcome to Tendril & Thistle. The terms “we,” “us,” and “our” refer to Tendril & Thistle, a brand of Vintage Revival Design Co LLC.

Tendril & Thistle operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Tendril & Thistle is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to accurately represent our products and services in our online store. However, colors, scale, texture, packaging, and product appearance may vary slightly from how they appear on your screen due to differences in devices, displays, photography, materials, and the handmade or small-batch nature of certain products.

Botanical ingredients and handcrafted products may also exhibit natural variation from one batch or item to another. Such variations do not necessarily constitute a defect.

We do not warrant that the appearance or subjective qualities of any product or service purchased by you will exactly match your expectations or its depiction on your screen.

Fragrance perception is highly individual. Product descriptions and aromatic notes are provided to help describe a composition but cannot guarantee how a fragrance will be perceived by every individual. Returns or refunds based solely on scent preference are governed by our Refund & Return Policy.

All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Tendril & Thistle reserves the right to accept or decline an order for any lawful reason at our discretion.

Your order is not accepted until payment has been successfully processed and the order has been accepted by us.

Please review your order, including your shipping address, carefully before submitting it. If you need to cancel an order or correct a shipping address, contact us as soon as possible at hello@tendrilandthistle.com.

We will make every reasonable effort to accommodate changes before an order enters fulfillment, but we cannot guarantee that an order can be changed or canceled once processing has begun or the package has been transferred to the carrier.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, or telephone number provided with your order.

Your purchase is subject to our Refund & Return Policy.

Products purchased through our retail store are intended for personal or household use unless otherwise agreed in writing. Wholesale purchases are subject to any separate wholesale terms provided by Tendril & Thistle.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be reflected in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes or shipping charges.

Prices offered through our online store may differ from prices offered through third-party retailers, wholesale marketplaces, events, or other sales channels.

We may offer promotions from time to time that are governed by additional terms and conditions. If promotional terms conflict with these Terms, the terms of the specific promotion will govern for that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases.

You represent and warrant that any payment information you provide is accurate and that you are authorized to use the payment method submitted for your purchase.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery dates are estimates and are not guaranteed. We are not responsible for delays caused by carriers, severe weather, service disruptions, incorrect customer-provided address information, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address at checkout.

Once an order has been transferred to the carrier, delivery is subject to the carrier's operations and tracking information.

If tracking indicates that a package has been delivered but you cannot locate it, please follow the procedures described in our Refund & Return Policy. Tendril & Thistle cannot guarantee replacement or refund for packages confirmed as delivered by the carrier or for orders shipped to an address incorrectly provided at checkout. We may review unusual delivery circumstances individually and assist where reasonably possible.

Additional information about processing, shipping, and delivery is available in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including but not limited to our trademarks, brand identity, text, photographs, artwork, botanical illustrations, graphics, product designs, fragrance names, written materials, downloadable materials, video, audio, and the design and arrangement of our website, are owned by or licensed to Tendril & Thistle and Vintage Revival Design Co LLC and are protected by applicable intellectual property laws.

These Terms permit you to access and use the Services for personal, non-commercial purposes only.

Except where expressly permitted, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, license, or transmit our materials without prior written permission.

Nothing in these Terms grants you any license or ownership right in the intellectual property of Tendril & Thistle, Vintage Revival Design Co LLC, Shopify, or any third party.

Tendril & Thistle names, logos, product names, collection names, designs, slogans, artwork, written materials, and other distinctive brand elements may not be used without prior written permission.

Shopify's names, logos, product names, and other intellectual property remain the property of Shopify or its licensors.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools or services offered by third parties as part of the Services. We do not control or monitor all such third-party tools.

You acknowledge that access to these tools may be provided “as is” and “as available,” without warranties, representations, or conditions from Tendril & Thistle.

Any use of third-party tools is at your own discretion and may also be governed by the terms and policies of the applicable third-party provider.

We may introduce new features, tools, or resources through the Services in the future. Such features will also form part of the Services and be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites, products, content, or services provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, security, or practices of third-party websites or services.

If you choose to access a third-party site, you do so subject to that provider's terms and policies.

We are not liable for harm or damages arising from purchases, transactions, content, or interactions involving independent third parties.

Questions or complaints concerning third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Tendril & Thistle is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Tendril & Thistle.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Tendril & Thistle, including any injury, damage, or loss resulting from purchased products and services.

You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Tendril & Thistle to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve its services.

Information submitted through our store may be transmitted to Shopify and other service providers as necessary to process transactions, fulfill orders, operate our website, communicate with customers, and provide the Services.

Please review our Privacy Policy for additional information about how personal information is collected, used, disclosed, and protected.

SECTION 11 - FEEDBACK, REVIEWS AND SUBMISSIONS

If you voluntarily submit reviews, photographs, suggestions, feedback, ideas, comments, or other content to us (“Feedback”), you represent that you have the right to submit that content and that it does not violate the rights of another person or entity.

Unless otherwise agreed, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, and share Feedback in connection with operating, improving, and promoting Tendril & Thistle and the Services.

We are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback unless otherwise required by law or agreed in writing.

We may remove or decline to publish content that we reasonably determine is unlawful, deceptive, abusive, defamatory, obscene, infringing, malicious, or otherwise inappropriate.

You remain responsible for the accuracy and legality of content you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, availability, shipping charges, transit times, or other details.

We reserve the right to correct errors, inaccuracies, or omissions and to update information when appropriate.

If a material error affects an order you have already placed, we may contact you to correct the issue or cancel and refund the affected order as appropriate.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services:

• For any unlawful or malicious purpose

• To violate applicable laws or regulations

• To infringe our intellectual property rights or those of another party

• To harass, threaten, abuse, defame, or harm another person

• To transmit false, misleading, fraudulent, or deceptive information

• To upload or transmit viruses, malicious code, or harmful software

• To send spam, phishing messages, or unauthorized solicitations

• To impersonate another person or organization

• To collect or track personal information about others without authorization

• To interfere with or circumvent security features of the Services

• To scrape, crawl, reproduce, duplicate, copy, sell, resell, or exploit the Services in an unauthorized manner

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

SECTION 14 - TERMINATION

We may suspend or terminate access to all or part of the Services if you violate these Terms or use the Services unlawfully or abusively.

Any obligations or liabilities incurred before termination will survive termination as appropriate.

Sections that by their nature are intended to survive termination, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, governing law, and related rights, will remain in effect.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes unless expressly stated otherwise.

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” without warranties or conditions of any kind except those expressly stated by Tendril & Thistle or required by law.

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

Nothing in these Terms excludes warranties, rights, or remedies that cannot lawfully be excluded or limited.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TENDRIL & THISTLE, VINTAGE REVIVAL DESIGN CO LLC, AND THEIR OWNERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR REPLACEMENT COSTS.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Tendril & Thistle, Vintage Revival Design Co LLC, Shopify, and their respective affiliates, owners, officers, employees, contractors, licensors, and service providers from third-party claims, liabilities, damages, losses, and reasonable expenses arising from:

1. Your material breach of these Terms;

2. Your violation of applicable law;

3. Your violation of another party's rights; or

4. Your misuse of the Services.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law and, where necessary, severed from these Terms.

The validity and enforceability of the remaining provisions will not be affected.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with the policies and other terms expressly incorporated by reference, constitute the entire agreement between you and us concerning your use of the Services, except where another written agreement specifically applies.

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 our rights and obligations under these Terms in connection with a merger, reorganization, sale of assets, business transfer, or as otherwise permitted by law.

SECTION 21 - GOVERNING LAW

These Terms and any separate agreements through which we provide Services will be governed by the applicable laws of the Commonwealth of Virginia and the United States, without regard to conflict-of-law principles, except where applicable consumer protection law requires otherwise.

Any dispute that may properly be brought in court will be subject to the jurisdiction of the appropriate state or federal courts having jurisdiction over the location in which Vintage Revival Design Co LLC is headquartered, except where applicable law provides otherwise.

SECTION 22 - HEADINGS

Section headings are included for convenience and organization only and do not limit or otherwise affect the meaning of these Terms.

SECTION 23 - CHANGES TO THESE TERMS

You may review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, change, or replace portions of these Terms by posting an updated version to our website.

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

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Tendril & Thistle
A brand of Vintage Revival Design Co LLC
hello@tendrilandthistle.com