Terms and Conditions of Use
Trade Terms & Conditions
Thank you for purchasing Petal Crafts products. These Terms and conditions are a legally binding contract between you and Petal Crafts by purchasing our products and using our services through this website. Please read the following terms and conditions carefully. By purchasing our products, you are bound by the following terms and conditions including its return and privacy policies. If you are not eligible, or do not agree to these terms and conditions, please do not purchase and/or use our services. You must be at least 18 years of age to place any order through phone, online or by purchase orders and you may not use our services if you have previously been suspended or removed from our customer’s list. If you are placing an order on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these terms and you agree to be bound by these terms and conditions on behalf of such organization. When you register for an account, you will be required to provide us with information about you or the company you represent. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
Our products prices are subject to change without prior notice.
We try our best to stock some of our most popular items and most times, we can ship orders within 24 hours to 7 business days. However, under normal production pace, please allow 10 to 12 business days before shipping especially on orders above $1,000.00. You will be informed if there are products in your order list that may cause delay in delivery. If you would like to add, change or cancel your order, please notify us via email within 24 hours after receipt of your order or confirmed PO. For changes on orders, we will amend your order and notify you with the revision and payment advice. For order cancellations, we will cancel your order and refund your money provided that the production for the items ordered has not started at the time of notification. If the production has started and/or the items have been made after your cancellation advice, NO REFUND will be issued but a credit towards your wholesale account and a 20% restocking fee shall be applied. This credit can and will be used on your NEXT wholesale order. Shipping cost is quoted and billed separately. All balances including shipping must be settled prior to shipping of products unless a credit term has been established and approved by Petal Crafts’ management. All parcel costs are non-refundable. Parcel quotes include insurance fees that are priced at cost and sometimes not reflected on the shipping label. Any shortage or damaged goods must be notified to us within 3 days after receipt of merchandise. We will not be responsible to replace or ship additional products should you fail to report inaccuracies and damages within this period.
Accepted forms of payment are credit/debit cards (VISA/MC, Amex, Discover), Western Union, Bank Transfers and Paypal.
For accounts with credit terms, payments must be made on or before the due date mentioned on the invoice issued to you. A penalty of 5% of the total unpaid balance will be billed for each month or part of a month that your payment is late. The penalty starts accruing the day after the payment due date and will not exceed 25% of your unpaid balance.
Please review all order-related terms available through the website for more information about our pricing, shipping and processing charges, return policies, and our product warranty disclaimer. Your rights to use our products and services are expressly conditioned on your agreement not to: - use our products and services for any purpose other than as permitted by the provided functionality of our terms and conditions
- use our products and services for any illegal purpose, or in violation of any local, state, national, or international law;
- unless expressly permitted, copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify, create derivative works of, sell, license or in any way exploit any part of our products and services;
- violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
- post, upload, or distribute any of this website’s content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- bypass or interfere with any security or other features of this website designed to control the manner in which our products and services are used or any access or use of this website in a manner inconsistent with individual human usage;
- interfere with the operation of our services or any user's enjoyment of the Service, including without limitation by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (b) making unsolicited offers or advertisements to other users of the Service; (c) attempting to collect, personal information about users or third parties without their consent; or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide our services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing accounts of others without permission, or falsifying your age or date of birth;
Our website may provide tools through the Service that enable you to export information to or allow you to link your account on Petal Crafts website with an account on a third party service, such as Facebook, Pinterest or Twitter, or through our implementation of third party buttons (such as "Pin It" or "share" buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. These third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Those linked websites are not under our control, and we are not responsible for their content.
If you violate any provision of these terms, your permission to use our services will terminate automatically. Additionally, Petal Crafts, in its sole discretion may terminate your user account on the website or suspend or terminate your access to products and services at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of our services) without notice to you. We will have no liability whatsoever on account of any change to our website or any suspension or termination of your access to or use of our website.
SHIPPING AND RETURNS POLICY
It is our desire for you to be completely satisfied with your purchase. Please call our customer service department at 818.552.2460 or send an email to webmaster@petalcrafts.com.
All reports of damaged products and request for returns must be made within 3 days of receiving the order. Only sealed, unopened and unused merchandise in its original packaging will be accepted.
Any shortage or damaged goods must be notified to us within 3 days after receipt of merchandise. We will not be responsible to replace or ship additional products should you fail to report inaccuracies and/or damages within this period. Save your shipping box and packaging. It needs to be inspected by the carrier. Claims cannot be made for damaged goods if the box is discarded. All damaged items MUST be returned in the original box with the original packing material. Refund will not be issued if you return a damaged item in any other packaging and the carrier denies the damage claim due to inadequate packaging. Damaged goods must be returned before we can issue a refund.
Product returns must have RMA #. Please email us at webmaster@petalcrafts.com to obtain your RMA # before returning your products. Returns will be refused and not be accepted without RMA #. RMA # must be clearly printed on top of the box. Product returns must be received by our warehouse staff within 15 days after your order has been received.
ALL Edible food products, gift certificates, seasonal items, clearance and discontinued products may not be returned. Food products are shipped at the purchaser’s risk and are not guaranteed against weather related damages such as melting and deterioration. Unacceptable returns will be returned at your expense or destroyed. You will not be refunded for unauthorized or unacceptable returns.
Shipping charges for returned products are the purchaser’s responsibility as well as lost or stolen packages. Please pack returned merchandise carefully and purchase a tracking number as returned items must be received back in saleable condition for credit to be issued. We cannot accept returns for items received due to purchaser’s error. A 20% restocking fee will be charged for returned items unless the product being returned was wrongly sent to you.
Items temporarily out of stock are not back ordered unless specifically requested by purchaser at the time the order is placed.
Any order sent to a customer that is refused, lost or is undeliverable will be charged the full shipping costs, including return shipping to Petal Crafts warehouse facility. To prevent online fraud, we only ship to the billing address associated with the card used for the purchase. Undeliverable packages include orders with incorrect addresses or orders where carrier has made several attempts to deliver and no one is available to accept the package.
If your order is returned to us due to an incorrect address given by the customer at the time of ordering, we will re-ship the order at the customers expense. If the customer chooses not to have the order re-shipped, they will be charged a 20% restocking charge plus the original shipping charges.
PRIVACY POLICY
Please read our Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information.
Your use of our services is subject to any and all additional terms, policies, rules, or guidelines applicable or certain features of our website that we may post on or link to on the website such as end- user license agreements or any downloadable applications that we may offer, or rules applicable to particular features or content on our website. All of these Additional Terms are hereby incorporated by reference into and made a part of these terms.
We reserve the right, at our discretion, to change these terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the website, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed terms. If we require your acceptance of the changed terms, changes are effective only after your acceptance. If you do not accept the changed terms, we may terminate your access to and use of our products and services. All other changes are effective upon publication of the changed terms. Disputes arising under these terms will be resolved in accordance with the terms in effect at the time the dispute arose. Petal Crafts reserves the right to change pricing on the website at any time and is not responsible for any typographical errors related to pricing.
DISCLAIMER
The service and all products, materials and content available from or sold through our website and all products, materials and content available from or sold through our website are provided “as is” and on an “as available” basis, without warranty or condition of any kind, whether express, implied or statutory. Petal Crafts specifically, but without limitation, disclaim all warranties of any kind, whether express or implied, relating to the service and all products, materials and content available through the website including but not limited to (a) any implied warranties of merchantability, fitness for a particular purpose, title, quite enjoyment or non-infringement and (b) any warranties arising out of course of dealing, usage or trade. Petal Crafts does not warrant that our products or any part of our services or any products, materials or content offered through the Petal Crafts website will be uninterrupted, secure or free of errors, viruses or other harmful components and do not warrant that any of the forgoing will be corrected. No advise or information whether oral or written, obtained by you from the website will create any warranty regarding any of the design group entities or the service that is not expressly stated in these terms. You assume all risk for all damages that may result from your use of or access of our products and services, your dealings with other service users and any materials or content available through our website. You understand and agree that you use the service and use our products and service and use, access, download or otherwise obtain materials or content through the service and any associated sites or services at your own discretion and risk and you will be solely responsible for any damage to your property including your computer system used in connection to access our website or loss of data that results from the use of the service or the download or use of such materials or content. Some jurisdictions may prohibit a disclaimer of warranties and you have other rights that may vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
In no event will Petal Crafts be liable to you for any indirect, incidental, special consequential or punitive damages (including, without limitation to damages for loss of profits or revenue, cost of replacement of goods, cost of shipping, goodwill, use, data, or other intangible losses) arising out of or relating to your access to or use of or your inability to access or use, our services or any products, materials, content or services on or available through our store and website, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not Petal Crafts have been informed of the possibility of such damage. You agree that the aggregate liability of Petal Crafts to you for any and all claims arising out of relating to the use of or any inability to use our products and services (including any materials or content available through our website)or otherwise under these terms, whether in contract, tort or otherwise is limited to the greater of (a) the amounts you have paid to Petal Crafts for the products to which your dispute relates in the 12 months prior to the claim or (b) $50. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
GOVERNING LAW
These terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted under these terms, you and Petal Crafts agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the state of California for the purpose of litigating all such disputes.
These terms together with the Returns and Privacy Policies and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Petal Crafts regarding your use of and access to our services and website and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these terms. You may not assign or transfer these terms or your rights under these terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these terms at any time without prior notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these terms or any provision of these terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and remaining parts will remain in full force and effect. Upon termination of these terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
Purchasing our products by any means implies acceptance of our Terms and Conditions, Privacy & Returns Policies, Disclaimers and our Limitation of Liabilities.