Terms of service
OVERVIEW
Welcome to Penmery! The terms “we”, “us” and “our” refer to Penmery. Penmery operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Penmery is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy
https://penmery.com/policies/privacy-policy
If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided is accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products as accurately as possible in our online store. However, colors and appearance may vary due to photography, lighting conditions, styling, and your device or screen settings.
Penmery products are artificial greenery and botanical décor intended for decorative, indoor use. Our items are not living plants and do not require watering, sunlight, or ongoing care. Depending on the design, products may be made from synthetic materials such as plastic, fabric, wire, foam, resin, and similar components.
Minor variations in shape, color tone, texture, leaf arrangement, and finishing may occur and are considered normal. Product dimensions and weights are approximate and may vary slightly.
During shipping, foliage may become compressed. Light reshaping/fluffing upon arrival is expected and is not considered a defect.
Product descriptions, specifications, packaging, and availability are subject to change without notice at our sole discretion.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Penmery reserves the right to accept or decline any order at its discretion. An order is not accepted until payment is processed and order confirmation is issued.
Please review your order carefully before submitting.
Returns and refunds are governed solely by our Refund Policy:
https://penmery.com/policies/refund-policy
Purchases are intended for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. Posted prices do not include taxes, shipping, handling, customs duties, or import fees unless expressly stated.
You agree to provide current, complete, and accurate payment information. By submitting payment details, you represent that you are authorized to use the payment method provided and agree to pay all charges incurred.
SECTION 5 – SHIPPING AND DELIVERY
Delivery timelines are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, weather conditions, or events beyond our control.
Once an order has been handed over to the shipping carrier, responsibility for transit delays transfers to the carrier. Risk of loss passes to the customer upon successful delivery confirmation at the destination address.
Full shipping details are available in our Shipping Policy:
https://penmery.com/policies/shipping-policy
SECTION 6 – INTELLECTUAL PROPERTY
All content available through the Services, including text, images, designs, trademarks, logos, and media, is the property of Penmery or its licensors and is protected by applicable intellectual property laws.
Use of the Services is permitted for personal, non-commercial purposes only. Unauthorized use is strictly prohibited.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” without warranties or guarantees. Use of such tools is at your own risk and subject to third-party terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites. Penmery is not responsible for third-party content, accuracy, or transactions. Accessing third-party services is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Penmery is powered by Shopify. All purchases are made directly with Penmery. Shopify is not responsible for transactions, products, or disputes between you and Penmery. You expressly release Shopify from all related claims.
SECTION 10 – PRIVACY POLICY
All personal information collected is governed by our Privacy Policy:
https://penmery.com/policies/privacy-policy
SECTION 11 – FEEDBACK
Any feedback, reviews, or submissions grant Penmery a perpetual, royalty-free license to use such content for commercial and operational purposes. Feedback must not infringe third-party rights or violate applicable laws.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate, even after submission.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful, abusive, misleading, or harmful purposes. Violations may result in immediate termination of access.
SECTION 14 – TERMINATION
We may terminate access to the Services at any time without notice. Obligations incurred prior to termination remain enforceable.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Penmery shall not be liable for any indirect, incidental, or consequential damages arising from use of the Services or purchased products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Penmery, Shopify, and affiliated parties from claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions remain in full force.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Penmery and supersede prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without prior written consent. Penmery may assign without restriction.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We reserve the right to update these Terms at any time. Continued use of the Services constitutes acceptance of changes.
SECTION 24 – CONTACT INFORMATION
Address: 1500 N Grant St Ste R, Denver, CO 80203, US
Email: support@penmery.com
Phone: +1(720)599-6363
Business Hours: Monday–Friday, 9:00 AM–5:00 PM (ET)