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Peach & Pine Interiors

Terms & Conditions

Effective as of January 1, 2019.

Updated July 3, 2021

OVERVIEW

This website is operated by Peach and Pine, LLC. Throughout the site, the terms

“we”, “us”, “our”, “PP”, and “P+P” refer to Peach and Pine, LLC. The term “site” refers

to https://www.peachandpinehome.com or https://www.peachandpineinteriors.com.

The term “user”, “you”, and “your” refers to site visitors, clients, customers, and any

other users of the site. Peach and Pine, LLC 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 (“Terms of Service”,

“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.

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 Squarespace. 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

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 anytime without notice, at the sole discretion of us. 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. We encourage all users to carefully examine all 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 (collectively, “Communication Service(s)”)

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.

We reserve the right at all times to disclose any information as necessary to satisfy

any applicable law, regulation, legal process or governmental request, or to edit,

refuse to post or to remove any information or materials, in whole or in part, in our

sole discretion

Always use caution when giving out any personally identifying information about

yourself or your children in any Communication Service. We do not control or endorse

the content, messages, or information found in any Communication Service and,

therefore, we specifically disclaim any liability with regard to the Communication

Services and any actions resulting from your participation in any Communication

Service.

We do not claim ownership of the materials you provide to the website (including

feedback and suggestions) or post, upload, input, or submit to any of our site’s or

associated services (collectively “Submissions”). However, by posting, uploading,

inputting, providing, or submitting your Submission you are granting us, our affiliated

companies and necessary sublicensees permission to use your Submission in

connection with the operation of their Internet business including, without limitation,

the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,

edit, translate, and reformat your Submission; and to publish your name in connection

with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided

herein. We are under no obligation to post or use any Submission you may provide

and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant

and represent that you own or otherwise control all of the rights to your Submission

as described in the section including, without limitation, all the rights necessary for

you to provide, post, upload, input, or submit the Submissions.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy

Policy. View our Privacy Policy.

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 13 – NO UNLAWFUL OR PROHIBITED USE /

INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferrable, revocable license to access and

use the Site strictly in accordance with these terms of use. As a condition of your use

of the Site, you warrant to us that you will not use the Site for any purpose that is

unlawful or prohibited by these Terms. You may not use the Site in any manner which

could damage, disable, overburden, or impair the Site or interfere with any other

party’s use and enjoyment of the Site. You may not obtain any materials or

information through any means not intentionally made available or provided for

through the Site.

All content included as part of the Site, including but not limited to, text graphics,

logos, images, as well as the compilation thereof, and any software used on the Site,

is our property or property of our suppliers and protected by copyright and other laws

that protect intellectual property and proprietary rights. You agree to observe and

abide by all copyright and other proprietary notices, legends, or other restrictions

contained in any such content and will not make any changes thereto. All content

available on the Site is (c) 2019 Peach and Pine, LLC. and/or third parties protected

by intellectual property rights.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or

sale, create derivative works, or in any way exploit any of the content, in whole or in

part, found on the Site. Our content is not for resale. Your use of the Site does not

entitle you to make any unauthorized use of any protected content, and in particular

you will not delete or alter any proprietary rights or attribution notices in any content.

You will use protected content solely for your personal use, and will make no other

use of the content without our express written permission and/or the copyright owner.

You agree that you do not acquire any ownership rights in any protected content. We

do not grant you any licenses, express or implied, to our intellectual property or our

licensors except as expressly authorized by these Terms.

SECTION 13 – 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 uses.

SECTION 14 – 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 agree that under no circumstances shall we be liable for direct, indirect,

incidental, consequential, special, punitive, exemplary, or any other damages arising

out of your use of the Site or Service. Additionally, we cannot be held liable or

responsible for any errors in content.

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 Peach and Pine, LLC, 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.

If you are dissatisfied with any portion of the site, or with any of these Terms, your

sole and exclusive remedy us to discontinue using the site.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Peach and Pine, LLC and our

parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors,

licensors, service providers, subcontractors, suppliers, interns and employees,

harmless from any claim, demand, loss, costs, liabilities, and expenses (including

reasonable attorneys’ fees) relating to or arising out of your use of or inability to use

the Site or services, any user postings made by you, your violation of any terms of

this agreement or your violation of any rights of a third party, to your violation of any

applicable laws, rules or regulations.

SECTION 16 – 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 17 – TERMINATION / ACCESS RESTRICTION

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). We reserve the right, in our sole discretion, to

terminate your access to the Site and the related services or in any portion thereof at

any time, without notice. To the maximum extent permitted by law, this agreement is

governed by the laws of the State of Tennessee and you hereby consent to the

exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or

relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that

does not give effect to all provisions of these Terms, including, without limitation, this

section.

You agree that no joint venture, partnership, employment, or agency relationship

exists between you and us as a result of this agreement or use fo the Site. Our

performance of this agreement is subject to existing laws and legal process, and

nothing contained in this agreement is in derogation of our right to comply with

governmental, court and law enforcement requests or requirements relating to your

use of the site or information provided to or gathered by us with respect to use. If any

part of this agreement is determined to be invalid of unenforceable pursuant to

applicable law including, but not limited to, the warranty disclaimers and liability

limitations set forth above, then the invalid or unenforceable provision will be deemed

superseded by a valid, enforceable provision that most closely matches the intent of

the original provision and the remainder of the agreement shall continue in effect.

SECTION 18 – 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.

A printed version of this agreement and of any notice given in electronic form shall be

admissible in judicial or administrative proceedings based upon or relating to this

agreement to the same extent and subject to the same conditions as other business

documents and records originally generated and maintained in printed form. It is the

express with to the parties that this agreement and all related documents be written in

English.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you

Services shall be governed by and construed in accordance with the laws of the

United States of America and/or the State of Tennessee.

SECTION 20 – INTERNATIONAL USERS

The Site is controlled, operated, and administered from our offices within the USA. If

you access the Site from a location outside the USA you are responsible for

compliance with all local laws. You agree that you will not use our content, products,

or services accessed through the Site in any country or in any manner prohibited by

any applicable laws, restrictions, or regulations.

SECTION 21 – 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 those changes. We encourage you to

periodically review the Terms to stay informed of our updates.

SECTION 22 – CONTACT US

Peach and Pine, LLC welcomes your questions or comments regarding these Terms.

Notice of copyright infringement or other legal matters may be directed here also.

Peach and Pine, LLC

team@peachandpinehome.com

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