This document, our rules, policies and the other documents referenced herein make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Petal Closet , Inc (“Petal Closet ”). This contract sets out your rights and responsibilities when you use Petal Closet and our Service (the “Service” includes the “Website” and the application for your mobile device (the “App”), To access most features of the Service, you must register for an Account with us (an “Account” or a “Petal Closet Account”). Our Service includes all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed. Please read our Terms completely and carefully.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
The Help Center is used to host policies in the Policy Center such as the list of Prohibited Conduct and Prohibited Items, product guidelines, and provide clarifications to frequently asked questions (“FAQ”). The Policy Center is available on the bottom of the website and as a link under “Support.” These may also be accessed from the side menu of the App.
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
Some important introductions for you.
1. Description of the Service
·The Service is an online consumer-to-consumer focused marketplace. We have only one Petal Closet Account type and do not offer specialty products to support businesses or other entity types like non-profits.
·Petal Closet does not sell, purchase any goods itself, take possession of the goods, either for itself or on behalf of Users or others. While Petal Closet may help facilitate transactions, Users that list and sell items through the Service ("Sellers") and Users that purchase items through the Service ("Buyers") are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means “you”) are collectively referred to herein as “Users” of the Service.
·If you choose to file taxes or operate your Petal Closet Account under another tax entity such as a LLC, Sole Proprietor or other entity type, all policies, rules and conditions of use as documented in these Terms and related policies will apply to your Petal Closet Only one account per entity or individual is allowed. For the intent and purpose of this document, all definitions (above) will apply to your Account regardless of your entity status outside of our Service.
·Petal Closet provides payment processing services using third party service providers for items listed on its marketplace. Payment options include but are not limited to credit card, debit card, PayPal, Apple Pay, Zip and Android Pay. Sellers may have funds from sales deposited into their designated bank account (“Direct Deposit”) or withdrawn using Instant Pay. Please remember payment instruments and bank accounts can only be registered on one Petal Closet Account at a time.
·Petal Closet is responsible for processing refunds, chargebacks or payment reversals and providing customer service in relation to questions related to the Service, but is not and shall not be involved in other disputes between Users. Payment to Petal Closet constitutes a payment to the Seller. Please see the Buyer or Seller Rules for more information.
·Petal Closet is also a licensed money services business in the F.R. jurisdictions listed on our Licenses/Disclosures Residents of certain states may have rights regarding concerns or complaints with our services; see the Licenses/Disclosures page for more information.
2. Other Terms and Policies Which Apply
Petal Closet is licensed to offer its services in the France. To have a Petal Closet For an individual to have an Account you must be at least 18 years old, or the age of majority in your state of residence.
By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time (“Policies”). These Terms apply to all Users:
·Electronic Communications Policy
·DMCA/Copyright Notification Policy
·Law Enforcement and Information Requests
·Sales Tax Policy
·Refunds and Returns Policy
·1099-K Reporting Policy and Disclosure Information
Petal Closet helps people in the F.R. sell, list and transact online to sell and buy goods. The following Terms may apply, depending on how you use our Service. It is important to follow these rules for Petal Closet to evaluate payment processing decisions and the continued use of our Service.
Seller Guidelines - If you list any items for sale, these additional rules apply to you.
Buyer Guidelines - If you use our Service to browse or purchase, these additional rules apply to you.
Intellectual Property Owners - If you are a copyright or other intellectual property owner, our DMCA/Copyright Notification Policy outlines how to report listings that you believe infringe your rights.
Law Enforcement and Other Government Agencies Information Requests - If you are contacting us from an authorized law enforcement agency to request information about a User this process applies to you.
3. Your Account with Petal Closet
You’ll need to create an Account with Petal Closet to use some features of our Service. If Petal Closet determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, Petal Closet may, at its sole discretion, take action, up to and including termination of your Account. Additional information can be found in the Help Center including Seller Guidelines, Buyer Guidelines and/or in the Prohibited Conduct and Prohibited Items policies. If you have previously violated our Terms using another Account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account, and/or your Account may be limited, suspended or closed.
Here are a few rules about Accounts with Petal Closet :
·A User shall not use a Petal Closet Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all Buyers or Sellers accountable for violations of law, violations of these Terms and all applicable policies.
·You must be 18 years of age or older to have a Petal Closet Account, or the age of majority in your state of residence.
·You may only register for and maintain one Account. Payment instruments and bank accounts can only be registered on one Petal Closet Account at a time; they cannot be shared on multiple Petal Closet Accounts, even if it is a joint account at your financial institution.
·You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, Social Security number, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account.
·If you provide information about a business, such as to comply with a verification request or to complete a W-9 tax reporting form, you may be asked for additional information such as EIN, business address, and/or tax classification filing status in addition to verifying information about yourself and your authority to represent the business or entity(ies).
·If you make purchases, you will be asked to provide information about your Payment Instrument(s). “Payment Instrument(s)” include(s) credit card, debit card, an account hosted elsewhere such as PayPal, a Petal Closet balance resulting from your earnings from prior sales, or another payment method permitted by us. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the financial institution/issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.
·If you complete a sale, you may withdraw your Petal Closet Account Balance to your bank account using Direct Deposit or Instant Pay. It is your responsibility to ensure that your bank account information is entered correctly. We may be unable to help you recover money sent to an inaccurate bank account number.
·If you utilize our shipping options it is your responsibility to select the correct weight class for the labels and to provide valid tracking information. You are responsible for any additional fees from the carrier(s) if you select the incorrect weight class or other such actions that result in additional fees.
·You are solely responsible for any activity and listings on your Petal Closet
·You are responsible for ensuring your Account accurately reflects your current User Information including your contact information, such as phone number, email and mailing address.
·You are responsible for all fees, chargebacks, Buyer refunds, or payment reversals received by Petal Closet , even after you close your Account. Amounts owed to Petal Closet or to others may be removed from your balance or requested via an invoice by Petal Closet to be processed as a payment from you or processed by a collections agency.
·You are responsible for keeping your Account password secure. See Our Safety Guidelinesfor tips on keeping your Account secure. If you believe your account has been compromised please contact service@Petal Closet .com.
Please visit our Help Center for questions about setting up an Account with Petal Closet .
4. Termination by You
You may terminate your Account with Petal Closet at any time from your Account Settings. You can find more information in the Help Center. After terminating your Account, some of your listing content and completed transaction information may still be available in your Account. However, you should save all needed information prior to terminating your Account.
You are still responsible for all fees, shipping overages, charge backs/payment reversals or refunds received by Petal Closet , even after you close your Account. You remain obligated to help resolve any disputes with other Users that are the result of purchases or sales of goods from you that occurred prior to termination. Petal Closet -issued credits or unused coupons become invalid and expire upon termination of your account.
5. Scope of License
Our Services are licensed, not sold, to you for use only under our Terms. Petal Closet reserves all rights not expressly granted to you. Petal Closet hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website on a single compatible device that you own or control, solely for your own use.
You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.
You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.
The Service may include open source software or third party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center for the applicable notices and license terms.
6. Third Party Services and Linked Websites
7. Your Content
Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
·Responsibility for Your Content.You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You have not copied it without permission, this includes Petal Closet ’s trademarked name or logo.
·Permission to Use Your Content.By posting Your Content through our Service, you grant Petal Closet a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Petal Closet function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account. By posting Your Content, you grant Petal Closet a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote Petal Closet , or the Service in general, in any formats and through any channels, including across any Petal Closet Service or third-party website or advertising medium.
·Reporting Infringing Content.Petal Closet has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If intellectual property that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA/Copyright Notification Policy in the Help Center. If Your Content infringes another person’s intellectual property, we will remove it upon receipt of a valid and complete takedown notice. We will notify you if that happens.
·Inappropriate, False or Misleading Content.This should be common sense, but there are certain types of content we don’t want posted on Petal Closet ’s Service (for legal reasons or otherwise). You agree that you will not post any content that is illegal, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.
8. Your Use of Our Service
We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:
·Don’t Use Our Service to Break the Law.You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use Petal Closet to list or sell items that violate any laws, to commit fraud, theft or any other crimes against Petal Closet , another Petal Closet User or a third party. You may not use Petal Closet shipping labels to send or transmit items that are illegal or prohibited to ship. Please review our Prohibited Items and Prohibited Conduct policies for more details. If you break the law we may contact users who have sent you money, contact your bank or credit card issuer, warn other users, law enforcement, or other impacted third parties of your actions or we may take legal action against you.
·Don’t Try to Harm Our Systems.You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, other harmful computer code, or any activity that provides an excessive burden on the Services, or otherwise negatively affects the enjoyment of the Services by other Users.
·Agreement to Receive Electronic Communications.By using our Service, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
·Items You Purchase.Petal Closet does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent third-party sellers, so Petal Closet cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Petal Closet from any claims related to items sold through our Service, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims). As outlined in Petal Closet ’s Authenticate Terms and Conditions, Authenticate provides the means to have an item reviewed for standards of conformity by a third party and does not create a separate warranty or guarantee of items sold by the Seller.
·Content You Access.You may come across materials that you find offensive or inappropriate while using our Service. Petal Closet is not responsible for the decency, accuracy, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content. You may report content that you believe violates Petal Closet ’s Policies for internal review.
·People You Interact With.You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services beyond verification of specific data, and you release us from all liability relating to your interactions with other Users. You may report Users who you believe are engaging in Prohibited Conduct in the Help Center so we may review their Account. Please also follow our Safety Guidelines in all interactions with Users.
·Account Limitations.Petal Closet , may place limits or restrictions on your use of our Service due to your Account activity, limited verified User information available or to enforce a regulatory limit. You may be required to complete certain actions on your Account to remove that limitation.
Petal Closet is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.
9. Limitation, Suspension or Termination
Petal Closet reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law. For example, Petal Closet will promptly terminate without notice the Accounts of Users who are determined by Petal Closet to be "repeat offenders." A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.
If we terminate, limit or suspend your Account or access to our Service:
·You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
·You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
·We may require Users to verify information including identity. Petal Closet may refuse a User access to or suspend a User from all or part of the Service until the completion of such verification including placing holds on your Petal Closet Account balance.
·If there is an issue with your Account or listings, your Account balance may be held initially for 30 or 90 days based on risk, including charge backs and other Buyer claims. You may be required to provide additional information regarding your Account usage, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or items will not be released to you.
·Funds may be held for up to 180 days to seek reimbursement from a Seller in any of the following circumstances, when: (a) we provide a refund to a Buyer because a Seller did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate transactions related to a Seller; (c) we receive a charge back or payment reversal from a Buyer's Payment Instrument issuer for the amount of a Buyer's purchase from a Seller; or (d) a Seller does not act in accordance with Petal Closet ’s Terms including the sale of prohibited items and/or the creation of multiple Petal Closet
·We may obtain reimbursement of any amounts owed by a Seller to Petal Closet by deducting from future payments owed to the Seller, reducing any balance from the Seller’s Petal Closet Account, charging any of the Seller's Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
·Petal Closet will make refunds or other payments owed to you, as required by applicable law or regulation.
·Accounts that are abandoned or balances that are unclaimed are subject to state abandoned property regulations.
10. Buying and Selling Generally
Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct policies, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by Petal Closet to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.
A Seller shall not purchase a product they themselves have listed on a separate Account. A Seller who wishes to withdraw or remove a listing must do so per the procedures specified by Petal Closet in the Help Center.
Sales Contract. A sales contract for a product is formed with the Seller when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer shall not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.
Petal Closet ’s Role. Seller agrees that Petal Closet and its designated payment processor act as agents for the Seller in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by Petal Closet of the purchase payment (except for Buyer’s obligations in the event of a charge back or other payment reversal) and rating.
Once a product has been received by a Buyer, the Buyer shall promptly rate the Seller. Once the Buyer has rated the Seller, the Seller shall promptly rate the Buyer. Ratings need to be provided by the Buyer and the Seller in order for the Seller to receive his or her earnings. If the Buyer does not rate the Seller within the designated time frame, Petal Closet will automatically rate the Seller in order to avoid continued delays in payment completion. This automated rating releases the payment to the Seller.
Settlement to Sellers. When ratings by both a Buyer and a Seller are complete, Petal Closet and its designated payment processor will process the payment to Seller. Petal Closet will make commercially reasonable efforts to credit Seller’s earnings balance with Petal Closet within ten (10) business days of receipt of the settled payment proceeds by Petal Closet . Petal Closet shall initiate the transfer of balance earnings to Seller’s bank account upon Seller’s request using Direct Deposit or Instant Pay. Petal Closet may ask for Seller’s User Information to ensure the transfer and purchase is secure, and may retain the earnings until Seller’s User Information has been verified and confirmed. Petal Closet may also hold funds if it receives a notice of fraud, charge back, invalid account information, court order or governmental request.
For more information on our payment procedures, please refer to the Help Center.
11. Fees Generally
All final fees associated with a transaction and/or shipping are communicated to the User at the time of transaction. Fees are provided at the time of listing for a Seller, but may change subject to shipping tax, other variable rates or changes made by the Seller. Fees will be subtracted from Seller’s earnings upon transaction completion, and will be provided on the sales receipt. The Buyer is presented with the total amount of the order including fees and taxes, in the order summary prior to checkout. The fees will be included in the payment total. It is the Users responsibility to review the fees prior to accepting the final Sales Contract. Learn more about Petal Closet Fees in our Help Center.
In general, fees occur as follows:
Shipping Fees. The shipping amount is payable by the Buyer or Seller (the party to the transaction is selected at the time of listing) and may vary based on location or if a service like Petal Closet Local is selected. The final fee is communicated at time of transaction. If we are contacted by one of our shipping carriers and/or if Petal Closet is charged for postage due to use of incorrect shipping labels or weight classifications, Petal Closet may remove the amount paid to the carrier on your behalf from your Account balance or invoice you separately.
Sales Fees. Petal Closet charges 10% of the item purchase price as a Sales Fee to the Seller for every completed sale.
Transaction Fees. Sellers are charged Payment Processing Fees of 2.9% of the item purchase price + $0.30 for every completed sale. Petal Closet charges a $2 fee for Direct Deposit withdrawal requests under $10, and a $2 processing fee if a Direct Deposit transfer is rejected by your bank. If you are eligible for Instant Pay to withdraw your balance to a debit card rather than direct deposit, Petal Closet charges a $2 processing fee per Instant Pay transaction.
Cancellation Fees. If a Seller cancels a transaction after the purchase has been initiated but before the transaction is completed, Petal Closet may charge a cancellation fee of 5% of the item price but no more than $25 maximum. This will be subtracted from your balance and/or charged to the credit card on file within 30 days after you receive a notification from us.
Service Fees. The purchase of additional products or services facilitated by Petal Closet or offered outside of Petal Closet will be communicated at the time of the Service Contract and/or usage and accordingly costs may vary. In general this includes services offered such as Petal Closet Authenticate, Petal Closet Local, warranties and delayed payment plans. You may be asked to accept additional terms offered through Petal Closet or a third party to use these services.
Taxes. When you purchase an item, taxes may apply to your purchase (item and/or shipping). Such taxes may vary depending on various factors, including: (i) the price of the item, (ii) the nature and character of the item, (iii) and the delivery location of the item. Applicable taxes will be displayed to Buyers before final commitment to purchase. See Petal Closet ’s Sales Tax Policy for additional information.
Petal Closet processes transactions on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument on file. Any payment made in connection with the Service shall be made through Petal Closet using its payments processing providers.
Purchases made by the User’s Payment Instrument through the Service are subject to the terms and conditions between Buyer and the issuer (bank) of the Payment Instrument.
By agreeing to these Terms, you authorize Petal Closet and/or its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or if you incur additional fees or amounts owed to Petal Closet for the Service(s). All associated fees will be provided on the purchase receipt.
Upon completion of the sale, all Seller earnings, minus payment processing and other fees, will settle in the Sellers account. All fees associated with the sale will be provided on the sales receipt.
13. Cancellation of a Transaction; Refunds
Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, Petal Closet may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within the expected time frame; or for other reasons Petal Closet deems appropriate.
If a Buyer receives an item that’s damaged, not as described in the listing, or if they are sent the wrong item, the Buyer must report the problem to Petal Closet within 72 hours of receipt of the item, or within such a longer time as required under applicable law. Buyer may use “Contact Us” from the applicable Help Center article or initiate a report directly on their item. The Buyer must NOT rate the Seller if there is an issue. If Petal Closet allows, items may be returned to the Seller for a refund. Items that are hazardous or illegal are not eligible and shall not be returned to the Seller.
Refunds will be issued to the original form of payment, unless a return of the item is not required, the item is not eligible for a return or if a refund is requested after the payment was processed to the Seller. A Petal Closet credit may be issued in lieu of a refund to the original form of payment if the Buyer is no longer eligible for a refund, or payment to Seller has completed. Additionally, refunds under a certain dollar amount may be issued in Petal Closet Credit rather than requiring a shipping return to the Seller at Petal Closet ’s discretion.
We do not provide refunds or returns for prohibited items.
Transactions where payment is sent outside of the Petal Closet platform are strictly prohibited by Petal Closet ’s Terms and do not qualify for Petal Closet protections or refunds. Listings or profiles soliciting such transactions are subject to removal without notice.
See Petal Closet ’s Refunds & Returns Policy for additional information.
14. Redeeming and Using Earnings; Earnings Limitations
After a transaction is complete, the goods have been delivered to the Buyer, and both the Buyer and the Seller have rated the transaction, the Seller may use the earnings balance from the sale to:
·Deposit in their bank account by requesting a Direct Deposit;
·Enroll in Instant Pay and request a direct-to-debit card withdrawal; or
·Use the earnings balance to purchase goods on Petal Closet .
Petal Closet and/or its banks or processors may impose additional limitations on the dollar amount or frequency of bank deposits or use of earnings; these limitations are subject to change without notice. Petal Closet limits Instant Pay to $500 total per month until you meet certain conditions, including completing verification of User Information.
A Seller whose User Information has not been verified and confirmed by Petal Closet may not complete a sale through the Service that would result in an Account earnings balance more than $1,900 (one thousand nine hundred dollars) in any 24 hour period, as calculated by Petal Closet at its discretion. Other account limitations requiring user verification may vary based on state specific requirements, may relate to tax inquiries and/or fraud related issues and may require verification or other documentation before Petal Closet will release earnings. Sellers who successfully verify their identity increase their balance limits and other transactional thresholds on their Petal Closet Account.
15. Transaction Records, Receipts and Customer Service
Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.
Records of your payment transactions through the Service and Petal Closet Account balance transactions will be reflected in your transaction history in your Petal Closet Account. A receipt will also be sent to the email address you provided on your Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for immediately alerting Petal Closet via email at service@Petal Closet .com or by calling the 1-800 number listed on your receipts and Petal Closet Account statements.
It is your obligation to print or save a copy of your transaction history if desired. Please refer to the Electronic Communications Policy for additional information.
In addition to reporting any issues directly to Petal Closet through various contact us options in the Help Center, residents of certain states may have rights regarding concerns or complaints with our payment services. See the Licenses/Disclosures page for more information.
16. No Interest.
Petal Closet and its bank do not pay interest to you on earnings or any other funds which are maintained in an Account or otherwise with Petal Closet . You assign to Petal Closet the right to earn interest on earnings or other funds maintained with Petal Closet and its bank, in consideration for your use of the Service.
17. Handling of Credits
A User may earn Petal Closet issued Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by Petal Closet . "Credits" means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable Credit campaign rules provided by Petal Closet . To the extent permitted by applicable law or regulation, Petal Closet may change the rules at any time, and may terminate the entire Credits system without any refund or other compensation for existing Credits.
·A User will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by Petal Closet . A User will not be able to transfer Credits to any other User or person. Credits may be refunded in accordance with applicable laws and regulations and displayed by the Service. A User is responsible for any unauthorized use of his or her Credits.
·Credits expire at 11:59 PM Pacific Standard Time 90 days following the date on which the Credits were earned, unless Petal Closet has informed the User of a separate period at or prior to the issuance applicable to particular Credits, then such period shall apply to those Credits. Once expired, Credits will not be reinstated.
·If Petal Closet determines that your usage or earning of Credits violates our Terms or is otherwise inappropriate, Petal Closet may invalidate all the Credits earned by either you or through associated accounts.
18. Handling of Coupons
A User may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Petal Closet . The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by Petal Closet . To the extent permitted by law or regulation, Petal Closet may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. "Coupons" means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by Petal Closet , through the Service in accordance with these Terms.
·A User will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service.
·A User will not be able to transfer Coupons to any other User or person.
·Petal Closet will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Petal Closet in accordance with applicable laws and regulations.
·Petal Closet will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Petal Closet in accordance with applicable laws and regulations.
·Coupons expire in accordance with the applicable campaign rules provided by Petal Closet . Once expired, Coupons will not be reinstated.
19. Disputes Between Users
Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute escalates to Petal Closet , we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of Petal Closet ’s Terms. Items that are eligible for a refund will generally require that the item is returned to the Seller unless the item is considered hazardous, illegal or in violation of other policies.
In the event that a Buyer submits a charge back or other form of request for payment reversal, Petal Closet will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any information to Petal Closet within five (5) calendar days of the request. Petal Closet reserves the right to recoup funds associated with Buyer charge backs/payment reversals or refunds through any permissible legal means.
Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Sellers will not be reimbursed for prohibited items.
If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost. Petal Closet may participate in the dispute at its discretion. After a transaction is processed, Petal Closet is the final arbiter of disputes between Users and Petal Closet shall not bear any liability related to such disputes. Buyer Accounts may be closed for filing a charge back without first filing a dispute against the Seller through the Petal Closet Help Center, or for filing false charge backs.
If you have a dispute with one or more Users, you release Petal Closet and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
20. Indemnification; Limitation of Liability
We hope this never happens, but if Petal Closet gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending Petal Closet to the best of your ability. That means you must assist Petal Closet in defending any matter in which you were involved by providing information related to the experience. You must hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.
Liability Limits. To the fullest extent permitted by law, neither Petal Closet , nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall Petal Closet ’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid Petal Closet in the past twelve months for use of the Service.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Petal Closet from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Petal Closet DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE 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 THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Petal Closet IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. Petal Closet HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
Limitation of Liability. IN NO EVENT WILL Petal Closet BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Petal Closet HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF Petal Closet TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO Petal Closet FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR Petal Closet ACCOUNT BALANCE, THE SOLE REMEDY AGAINST Petal Closet SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL Petal Closet BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF Petal Closet OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
Petal Closet SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.
Petal Closet SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure. Petal Closet shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action, war or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; pandemics, labor conditions; power failures and/or internet disturbances.
These Terms Of Conditions and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the laws