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Terms of service

Last Updated: April 22, 2025

 

OVERVIEW

This website is operated by Centifolia Botanicals. Throughout the site, the terms “we,” “us,” and “our” refer to Centifolia Botanicals. We offer this website, including all information, tools, and services (collectively, the “Service”) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing our site or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including additional terms and conditions and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before using our site. If you do not agree to all terms and conditions of this agreement, you may not access the website or use any services.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. Continued use of the website following changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or have given us your consent to allow any of your minor dependents to use this site.

You agree not to use our products for any illegal or unauthorized purpose nor violate any applicable laws (including copyright or trademark laws) in your use of the Service.

You must not transmit any worms, viruses, or malicious code. Any breach of these Terms will result in an immediate termination of your access.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason.

You understand that your content (excluding payment information) may be transferred unencrypted and involve transmissions over networks and device adaptations. Payment information is always encrypted.

You agree not to duplicate, sell, resell, exploit, or misuse any portion of the Service without express written permission from us.

Headings in this agreement are for convenience only and do not limit these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do our best to keep all content current and accurate, but we are not liable if any information made available on this site is inaccurate, incomplete, or outdated.

This site is for general informational use only and should not be relied on without consulting more accurate or timely sources. Your use of any material is at your own risk.

We may update or change site content at any time, but we are not obligated to do so. It’s your responsibility to monitor changes.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

While we strive to maintain accurate pricing and product information, errors may occur. If an error is found, we reserve the right to correct it and revise your order accordingly or to cancel the order and refund any amount charged.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These may have limited quantities and are subject to return or exchange only according to our Return & Refund Policy.

We strive to display accurate images and colors of our products, but we cannot guarantee that your screen’s display will be precise.

We reserve the right to:

  • Limit the sales of our products or services to any person, geographic region, or jurisdiction (including limiting to the United States, Alaska, and Hawaii).
  • Limit the quantities of any products or services.
  • Discontinue any product at any time.

All descriptions of products or pricing are subject to change at any time, without notice and at our sole discretion.

We do not warrant that the quality of any products, services, or materials will meet your expectations or that any errors will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed using the same account, credit card, or shipping/billing address.

If we make a change to or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store. You are responsible for updating your account and contact details promptly.

We reserve the right to monitor for fraud or abuse, including product diversion or unauthorized resale, and may cancel or limit orders at our discretion.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor control.

You acknowledge and agree that:

  • We provide access to such tools “as is” and “as available.”
  • We make no warranties, representations, or conditions regarding these tools.
  • We are not liable for any issues arising from or relating to your use of optional third-party tools.

Any use of optional tools is at your own risk. You should ensure that you understand and approve the terms provided by the relevant third-party provider.

Future new features or services on the website (including new tools and resources) shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS AND SERVICES

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for evaluating the content or accuracy of third-party websites and we do not warrant or have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties.

You acknowledge and agree that:

  • We are not responsible for any harm or damages related to the purchase or use of goods, services, or content from third-party websites.
  • Any issues or disputes regarding third-party products or services should be directed to the third party.

Please carefully review the third party’s terms and privacy policies before you engage in any transaction.

SECTION 9 – USER COMMENTS, FEEDBACK AND USER-GENERATED CONTENT

By submitting comments, ideas, images, videos, testimonials, reviews, tagged posts, or other materials (collectively, “User Content”) to us via our website, social media platforms, or otherwise, you agree that:

  • We may, at any time, without restriction, edit, copy, publish, distribute, translate, and use your User Content in any medium.
  • We are not obligated to (1) maintain User Content in confidence, (2) compensate you for it, or (3) respond to it.

By posting or submitting User Content, you grant Centifolia Botanicals a perpetual, worldwide, irrevocable, royalty-free, sublicensable license to use it for any purpose, including commercial use. This includes using your name, likeness, handle, and any associated rights in connection with the content, without further compensation or notice.

You confirm that:

  • You own or have permission to submit the content.
  • Any individuals featured have consented to such use.
  • Your content does not violate the rights of any third party, including copyright, privacy, or publicity rights.

We may monitor or remove content that we find offensive, unlawful, or in violation of these Terms, but we are not obligated to do so.

SECTION 10 – PERSONAL INFORMATION & PRIVACY POLICY

Your submission of personal information through the website is governed by our Privacy Policy, which is incorporated by reference into these Terms.

We encourage you to read our Privacy Policy to understand how we collect, use, and safeguard your data.

By using the Service, you:

  • Consent to our collection and use of personal data as described in the Privacy Policy.
  • Acknowledge that we may store and process your data in the United States.
  • Agree to notify us of any changes to your personal data to ensure accuracy.

Please note: we do not knowingly collect data from individuals under 13. If we discover such data, it will be deleted in compliance with applicable law.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping, or availability.

We reserve the right to:

  • Correct any errors, inaccuracies, or omissions
  • Update information
  • Cancel orders if any part of the Service or related website information is inaccurate, at any time, without prior notice (including after you have submitted your order)

We undertake no obligation to update or clarify information unless required by law. No specified update or refresh date should be interpreted as meaning all information has been modified.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content:

  • For any unlawful purpose
  • To solicit others to perform or participate in unlawful acts
  • To violate international, federal, state, or local laws or regulations
  • To infringe upon or violate our intellectual property rights or the rights of others
  • To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any malicious code
  • To collect or track the personal information of others
  • For spam, phishing, pharming, pretexting, crawling, or scraping
  • For any obscene or immoral purpose
  • To interfere with or circumvent the security features of the Service

We reserve the right to terminate your access to the Service or any related site for violating any of these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.

To the fullest extent permitted by law, the Service and all products and services delivered to you are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind—express or implied—including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Centifolia Botanicals, its owners, officers, employees, contractors, affiliates, agents, or suppliers be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, loss of data, or replacement costs, even if we have been advised of the possibility of such damages.

Where certain jurisdictions do not allow the exclusion or limitation of liability, our liability will be limited to the maximum extent permitted by California law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Centifolia Botanicals, our parent company, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees 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
  • Your violation of any law or third-party rights
  • Your misuse of the Service

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with us in defending such claims.

SECTION 15 – ARBITRATION AGREEMENT AND DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

By using this site, you agree that any disputes, claims, or controversies arising from or relating to your use of the Service, including purchases, your relationship with Centifolia Botanicals, or these Terms, will be resolved through final and binding individual arbitration, not in court.

A. Individual Arbitration

All disputes shall be resolved by a single arbitrator under the rules of the American Arbitration Association (AAA) or JAMS. You and Centifolia Botanicals waive the right to a jury trial or to participate in a class action or representative proceeding.

B. Class Action Waiver

You agree that:

  • Arbitration will be conducted on an individual basis only.
  • No arbitration will be combined with another without the written consent of all parties.
  • You may not bring a claim as a plaintiff or a class member in any purported class or representative action.

C. Exceptions

You may pursue a claim in small claims court in your county of residence if it qualifies. You also may bring a claim to enforce intellectual property rights in state or federal court.

D. Governing Law for Arbitration

The Federal Arbitration Act governs the interpretation and enforcement of this provision. If any part of this clause is found unenforceable, the rest will remain in effect (except where a class-action waiver is deemed unenforceable—in which case, the arbitration provision shall be void).

SECTION 16 – MOBILE MESSAGING TERMS

By providing your mobile number and opting in to receive SMS or MMS messages from Centifolia Botanicals, you consent to receive recurring promotional and transactional text messages, including cart reminders, shipping updates, and other relevant communications.

  • Message frequency will vary based on your interactions.
  • Standard message and data rates may apply.
  • Consent is not required as a condition of purchase.

You may opt out at any time by replying STOP to any message. For assistance, reply HELP or write a message on our Contact Us page.

We may change the phone number or short code used to send messages, and we are not responsible if your opt-out request fails due to a changed number that wasn’t recognized.

Wireless carriers are not liable for delayed or undelivered messages.

You agree to:

  • Provide a valid mobile number
  • Notify us of any number changes
  • Accept any risks related to receiving communications from us via SMS

SECTION 17 – INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

All content on this website — including but not limited to text, graphics, logos, images, product designs, videos, audio, software, and code — is the property of Centifolia Botanicals or its licensors, and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not reproduce, duplicate, copy, sell, resell, display, or otherwise exploit any portion of the site or its content without express written permission from us.

You may not:

  • Remove any copyright, trademark, or proprietary notices
  • Use our trademarks, trade dress, or likeness in a way that could confuse or mislead consumers
  • Use any data mining, robots, or similar data-gathering tools to extract content

Centifolia Botanicals® and our brand imagery are registered or unregistered trademarks owned exclusively by us. All rights not expressly granted are reserved.

SECTION 18 – FORCE MAJEURE

We are not responsible for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control. These include, but are not limited to:

  • Acts of God
  • Internet or telecommunications failures
  • Equipment or power outages
  • Strikes or labor disputes
  • Riots, wars, cyberattacks, or governmental restrictions
  • Natural disasters or other emergency conditions

Such events will suspend our obligations until performance becomes possible again.

SECTION 19 – CALIFORNIA CONSUMER RIGHTS & CIVIL CODE SECTION 1542

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Sacramento, CA 95834
or by telephone at (800) 952-5210 or (916) 445-1254.

Additionally, pursuant to California Civil Code Section 1542, you waive any rights you may have under that section, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, and that if known by them would have materially affected their settlement with the debtor or released party.”

By agreeing to these Terms, you knowingly and voluntarily waive all rights under Section 1542.

SECTION 20 – GOVERNING LAW & JURISDICTION

These Terms of Service and any separate agreements under which we provide you services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

By using this website or purchasing from us, you agree that:

  • Any legal action or proceeding relating to your use of the site shall be brought exclusively in state or federal courts located in Los Angeles County, California.
  • You hereby consent to the personal jurisdiction of these courts.
  • Any claims not subject to arbitration (see Section 15) will be litigated in California and resolved in accordance with California law.

SECTION 21 – CHANGES TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates to this page.

We may or may not notify you directly of material changes. It is your responsibility to check this page periodically for updates. Your continued use of the website following any posted changes constitutes acceptance of those changes.

We encourage you to review these Terms regularly to stay informed of any updates.

SECTION 22 – CONTACT INFORMATION

Questions or concerns about the Terms of Service? We’re here to help.

Please contact us at:
📧 hello@centifoliabotanicals.com
🏢 750 E. Green St., Suite 202, Pasadena, CA 90058