TERMS OF SERVICE
This website is operated by White Peony, LLC, dba White Peony Boutique (hereafter “White Peony”). Throughout the
site, the terms “we”, “us”, and “our”, refer to White Peony. White Peony offers 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.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (hereafter “Terms of Service”, or “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of
the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of
content. Minors, or anyone under the age of 18, are not allowed to use this site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part
of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If these Terms of Service are considered
an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our
products and services to you.
SECTION 1 - ONLINE STORE TERMS
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, or that you are the age of majority in your state or province of residence and you have given us
your consent to allow 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 the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not
including credit card information), may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit
card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, 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 provided, without express written permission by us. The headings used in this agreement
are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material
on this site is provided 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 certain historical information.
Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue
the Service (or any part or content thereof) without notice 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 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services
may have limited quantities and are subject to return or exchange only according to our Return Policy. We have
made every effort to display as accurately as possible the colors and images of our products that appear at the store.
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. We reserve the right to limit the quantities of any products or services that
we offer. All descriptions of products or product pricing are subject to change at any time, with or without notice, at
the sole discretion of White Peony. We reserve the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited. 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse 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 by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at
our store. You agree to promptly update your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more
detail, please review our Returns Policy.
SECTION 7 - 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 on
which tools are 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 of Service.
SECTION 8 - 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 direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy 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 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise
objectionable or violates any party’s intellectual property or these Terms of Service. 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 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, pretend to be someone 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
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies,
or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update
information or cancel orders if any information in the Service or on 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 date applied in the Service or on any related website, should be taken
to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its
content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any
other type of malicious code that will or may be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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 related website for violating any of the prohibited
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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.
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 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 (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either
express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement. In no case shall White Peony, 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. Because some states or jurisdictions do not allow
the exclusion or the 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 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless White Peony and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and
employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to
or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - 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 of Service are effective unless and until terminated by either you or us. You
may terminate these Terms of Service 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 of Service, we also may terminate this agreement at any time without 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 part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of
such right or provision. These Terms of Service 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 us and govern your use
of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral
or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any
ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements, whereby we provide you Services, shall be governed and
construed in accordance with the laws of the State of Minnesota, and you submit to the non-exclusive jurisdiction of
the state and federal courts located in the state of Minnesota, county of Stearns, for the resolution of any disputes.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our
sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to
our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.