Terms & Conditions
Thank you for visiting our website, larkspurandhawk.com ("Website"). Larkspur & Hawk provides content, services, and products on our Website subject to the following conditions. 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.
This Website is owned and operated by Larkspur & Hawk, a New York, Limited Liability Corporation. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. User Responsibilities
You agree to use our Website responsibly and not engage in any activities that could harm the Website, its users, or violate any applicable laws and regulations. This includes, but is not limited to, refraining from harmful or disruptive actions, respecting intellectual property rights, and complying with all relevant laws.
2. Privacy and Data Protection
3. License and Site Access
larkspurandhawk.com grants visitors to our Website a limited, non-exclusive, and non-transferable license to access, visit, and make personal use of the contents of our Website, but not to download any portion of the Website. The limited license does not permit your resale or commercial use of our Website, nor does it permit you to collect or use our product listings, descriptions, or prices included therein, nor does it permit any derivative use of our Website. You may not use framing techniques, meta tags, or similar technologies with respect to the Website, our trademarks, or other proprietary information.
This limited license is terminated upon any unauthorized use of our Website. You are responsible for any damages or other harm arising out of your unauthorized use of our Website and its content. Larkspur & Hawk will not be liable for any use of the Website and its content made by you, which violates applicable laws and regulations and our Website Policies.
4. Establishing an Account
We do not sell products or services for purchase by children. If you are under 18, or under the age of majority in your state, you may only purchase products or services from our Website with the consent of a parent or guardian. You must establish an account with us in order to purchase products or services from our Website. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information. You agree to update your information when necessary to keep your account information current and accurate. You are responsible for strictly maintaining the confidentiality of your account information and password, and for restricting access to such information and to your computer. You agree to be responsible for all activities that occur under your account or password.
5. Acceptance of Your Order
Upon your placement of an order through our Website, we will send you an email providing details of your purchase. Acceptance of an order is not complete until the order has been packed for shipment. A transaction contract is completed upon our dispatch of an order for shipment, at which time we will send you an email confirming shipment and provide tracking information. This transaction contract is completed in the State of New York.
larkspurandhawk.com accepts payment made by Visa, MasterCard, American Express, and any other methods which are advertised on our Website. Payment will be charged upon completion of packing for shipment. If an item ordered is temporarily out of stock, customers will be notified immediately by email. If an item is out of stock and is not expected to become available, customers will be notified immediately by email and will be refunded. All payment transactions on this website are processed by a secure online payment agent that encrypts your credit card details in a secure hosted environment.
7. Accuracy, Completeness, and Timeliness of Information
We are committed to providing accurate and up-to-date information on our site. However, 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.
8. Products or Services (If Applicable)
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 showroom. 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 any time 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.
9. Personal Use
Products offered for sale through our Website are only for personal use, and not for resale. By placing an order through our Website, you certify that you are purchasing our products for your personal use only and not for resale. We reserve the right to refuse orders which, we reasonably believe, are intended for resale.
10. Modifications to Services and Pricing
Prices listed on our Website do not include sales tax. We are required by law to charge sales tax in applicable jurisdictions. Any sales tax charged will be calculated and displayed for your approval prior to the final confirmation of your order.
11. Final Sale
All items marked final sale on our website are considered non-returnable under any circumstances and not eligible for a refund, exchange, or store credit regardless of size. These items cannot be authorized for return under any circumstances. In the event that we receive a return marked "Final Sale," the item will be returned to the sender without a refund. Gift Card purchases are also final sale and cannot be returned for a refund. Gift Cards are valid for 12 months from the date of issue.
All content on our Website, including but not limited to images, product descriptions, drawings, figures, logos, menus, webpages, graphics, colors, fonts, schemes, layouts, processes, functions, and software (collectively "Content"), is the property of Larkspur & Hawk and is protected by domestic and international copyright and other intellectual property laws. Publication, reproduction, distribution, or modification of our Content, in whole or in part, is forbidden without the express written consent of Larkspur & Hawk. If you believe that your work has been infringed by use or depiction on our Website, please contact our copyright agent by e-mail at firstname.lastname@example.org. To properly evaluate your claim, please include the following: (i) a description of the work that you claim has been infringed; (ii) a description of the allegedly infringing material on our Website; (iii) a statement that you are either the copyright owner or authorized to act on behalf of the copyright owner; and (iv) your name, address, telephone number, and e-mail address.
13. Third-Party Content
Although third-party or user-generated Content may be posted on the Website, the posting of such Content does not constitute Larkspur & Hawk’s endorsement of the Content. Larkspur & Hawk is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential, or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Content.
While visiting our Website, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any website you may access through the Website. They are independent from us, and we have no control over, or responsibility for, their information or activities.
Larkspur & Hawk makes no representation or warranty of any kind, including the warranty of merchantability, fitness for a particular purpose, reliability, accuracy, non-infringement, and the like, in connection with the use of our Website. The Website is provided by Larkspur & Hawk on an "As Is" and "As Available" basis. We make no warranty or representation that our Website will be continuous, uninterrupted, timely, secure, or error-free. From time to time, our Website may be unavailable due to maintenance or other reasons. Larkspur & Hawk makes no representations that our Website or sites that may be linked to it or from it are free from error. You agree that we shall not be responsible for any defect, delay in transmission, deletion, error, or interruption of transactions or communications. You expressly agree that your use of our Website is at your sole risk. Larkspur & Hawk will not be responsible for any technical malfunctions or other problems with any computer system, servers, or communication provider, software, or failures resulting from technical problems or Internet traffic congestion, including injury or damage to your computer or other hardware or software related to or resulting from using or visiting our Website. Larkspur & Hawk cannot guarantee that the use of our Website, our servers, or e-mail sent from our Website will be free of viruses or other harmful components.
15. Limitations on Liability
Larkspur & Hawk will not be liable for any direct, indirect, consequential, incidental, special, or punitive damages arising out of or relating to: (i) your use of our Website; (ii) your use of any site linked to or from our Website; (iii) information made available to you on or through our Website; (iv) or in connection with the purchase or use of any other products or services. YOU EXPRESSLY AGREE THAT LARKSPUR & HAWK (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LARKSPUR & HAWK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, INCLUDING WITHOUT LIMITATION, ITS TERMINATION OR SUSPENSION, YOUR ACCOUNT, OR THIS AGREEMENT. IN NO EVENT WILL LARKSPUR & HAWK'S TOTAL CUMULATIVE DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00). If any problems arise with our Website or its Content, you agree that your only remedy is to stop using our Website. If you have any problems with products or services purchased through our Website, then you agree that your only remedy is an exchange or refund of your purchase price in accordance with our Return Policy.
By purchasing products or services from our Website, you agree to indemnify and otherwise hold harmless Larkspur & Hawk, its officers, directors, shareholders, employees, and agents from any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or relating to your use of our Website, including, but not limited to your breach of our Website Policies.
17. Linking to This Site
Except with our prior written consent, you may not create or maintain a link from another website to our Website. If we do permit a link, you agree to comply with all applicable laws and regulations. Please contact us at email@example.com if you are interested in linking to our Website.
18. Governing Law; Jurisdiction; Statute of Limitations
This agreement will be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict of laws principles. Any legal action arising out of or relating to Website Policies must be commenced within one year from the date the cause of action accrued and will be subject to the exclusive jurisdiction of the state or federal courts located in New York County, State of New York, and you hereby consent to the personal jurisdiction of these courts.
If any provision of our Website Policies is found to be unenforceable, all other provisions will remain in full force.
20. ADA Compliance
Larkspur & Hawk is committed to ensuring all individuals with disabilities can access all products and services offered on www.larkspurandhawk.com. If you are having trouble accessing www.larkspurandhawk.com, please contact Customer Service at firstname.lastname@example.org for assistance with the website.
21. Dispute Resolution
a. Informal Resolution
In the event of any dispute or claim relating to your use of our Website or these Terms, we encourage you to first contact us at email@example.com to seek a resolution informally. We will make our best efforts to resolve disputes amicably and promptly.
If a resolution cannot be reached through informal means, both parties agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Website through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes. The arbitration shall take place in New York, New York, unless otherwise agreed upon by both parties. The arbitrator's decision and award will be final and binding and may be entered in any court with jurisdiction.
c. Class Action Waiver
You and Larkspur & Hawk agree that any arbitration shall be limited to the dispute between Larkspur & Hawk and you individually. You acknowledge and agree that you and Larkspur & Hawk are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Larkspur & Hawk otherwise agree, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
d. Exceptions to Arbitration
Notwithstanding the above, either party may bring an individual action in small claims court. In addition, claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
e. Governing Law and Jurisdiction
These Terms and any disputes arising from or relating to these Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. Any legal action arising out of or relating to these Terms or your use of the Website shall be filed exclusively in the state or federal courts located in New York County, State of New York, and you consent to the personal jurisdiction of such courts.
22. Returns and Refunds
For information on our returns and refunds policy, please refer to our Returns and Refunds Policy for detailed instructions on how to initiate a return, request a refund, or exchange products purchased through our Website.
23. Cookies and Tracking
24. Contact Information
We strive to provide an enjoyable shopping experience through our Website. Should you ever have questions about our Website Policies, please send an e-mail to firstname.lastname@example.org. If you need assistance regarding order status, shipping, returns, or refunds, please log in to your account and select "Order Status," which should provide all current information. If you still have questions or concerns, please contact us at email@example.com.