Terms of service
OVERVIEW
Welcome to The Flower Hat Store. The terms “we”, “us”, and “our” refer to The Flower Hat Store. The Flower Hat Store operates this website and online store, including all related information, educational content, products, services, features, and tools in order to provide you with a curated shopping experience (the “Services”).
Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when using our Services. Please read them carefully, as they include important information regarding your legal rights, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or purchasing from our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use 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, or that you have given us consent to allow any minor dependents to use the Services on devices you own or manage.
To use certain portions of the Services, you may be required to provide account information including your name, email address, billing address, payment information, and shipping information. You agree that all information you provide is accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You may not transfer, assign, or sell your account to another party.
We reserve the right to refuse service, terminate accounts, remove content, or cancel orders at our sole discretion.
SECTION 2 – OUR PRODUCTS
The Flower Hat Store specializes in seasonal and agricultural products including, but not limited to:
- Dahlia tubers
- Flower bulbs
- Seeds
- Live plant material
- Floral supplies
- Gardening products
- Educational materials and digital products
Because many of our products are living agricultural products, availability is seasonal and limited.
We make every effort to accurately display product colors, photos, and descriptions. However, actual bloom color, flower form, stem length, timing, and overall performance may vary depending on climate, weather, soil conditions, storage conditions, and growing practices.
Product photos are representative only and should not be interpreted as guarantees of performance or exact appearance.
We reserve the right to:
- Limit quantities
- Discontinue products
- Modify product descriptions
- Change pricing without notice
We do not guarantee that any product or service will meet your specific expectations or perform identically in every growing environment.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase products from The Flower Hat Store.
We reserve the right to accept, reject, limit, or cancel any order at our sole discretion, including orders that appear fraudulent, violate these Terms, or are suspected of resale activity.
Orders are not considered accepted until payment has been processed and we provide confirmation.
Please review your order carefully before submission, as cancellation or modification requests may not be possible once an order is placed.
Your purchases are subject to our Refund Policy.
You represent and warrant that purchases are for personal or household use and not for unauthorized commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice.
Unless otherwise stated, posted prices do not include:
- Shipping fees
- Taxes
- Customs duties
- Import fees
- Handling charges
You agree to provide accurate and complete billing and payment information for all purchases made through the Services.
By submitting payment information, you represent and warrant that:
- You are authorized to use the payment method provided;
- The information submitted is accurate and complete;
- Charges incurred by you will be honored by your financial institution.
SECTION 5 – SHIPPING AND DELIVERY
Seasonal Shipping
Many of our products are shipped according to safe weather and planting conditions, particularly during freezing temperatures in Montana.
Shipping dates are estimates only and are subject to change due to:
- Weather conditions
- Carrier delays
- Farm conditions
- Product readiness
- Seasonal order volume
- Circumstances outside our control
We are not liable for shipping delays caused by carriers, customs, weather events, or other third parties.
Live Plant Material
Plants, bulbs, tubers, and seeds are living products and should be opened and inspected promptly upon delivery.
Customers are responsible for proper storage and care after delivery.
Incorrect Addresses
Customers are responsible for providing accurate shipping information. We are not responsible for packages delivered to incorrectly entered addresses.
Additional shipping charges may apply for returned or re-routed packages.
Once products are transferred to the shipping carrier, title and risk of loss pass to the customer.
SECTION 6 – INTELLECTUAL PROPERTY
All content included within the Services, including but not limited to:
- Photographs
- Videos
- Logos
- Product descriptions
- Graphics
- Educational content
- Written materials
- Branding
- Website design
is the property of The Flower Hat Store, its affiliates, licensors, or content suppliers and is protected by intellectual property laws.
You may not reproduce, distribute, modify, copy, republish, transmit, display, or exploit any content without prior written consent.
Unauthorized use may violate copyright, trademark, and other applicable laws.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools or applications that we neither monitor nor control.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties or endorsements of any kind.
Your use of optional third-party tools is entirely at your own risk.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites or services.
We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites and assume no liability for any third-party materials, products, or services.
Accessing third-party websites is done entirely at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
The Flower Hat Store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made through our store are transactions solely between you and The Flower Hat Store.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Flower Hat Store, including any injury, loss, damage, or claim relating to products purchased through our Services.
You hereby expressly release Shopify and its affiliates from any claims arising from transactions with The Flower Hat Store.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy.
Because our store is hosted by Shopify, certain information may also be collected and processed by Shopify in order to provide and improve the Services.
By using the Services, you acknowledge that you have reviewed and understand these privacy practices.
SECTION 11 – FEEDBACK
If you submit suggestions, reviews, testimonials, photographs, comments, or other materials (“Feedback”), you grant The Flower Hat Store a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any lawful business purpose.
You represent and warrant that:
- You own or control all rights to the Feedback;
- Your Feedback does not violate any law or third-party rights;
- Your Feedback is accurate and not misleading.
We reserve the right, but not the obligation, to remove or edit Feedback at our discretion.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Services containing typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping information, or availability.
We reserve the right to correct errors, update information, or cancel orders if information is inaccurate at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may not use the Services:
- For unlawful purposes;
- To violate laws or regulations;
- To infringe intellectual property rights;
- To harass, abuse, threaten, or discriminate;
- To distribute malware or malicious code;
- To spam, scrape, phish, or collect personal information;
- To interfere with security features or website functionality.
We reserve the right to terminate access to the Services for violations of these Terms.
SECTION 14 – AGENTS
This section applies if you use or deploy automated software, bots, AI agents, or similar technologies (“Agents”) to access or interact with the Services.
No Agent may access or interact with the Services unless it properly identifies itself and complies with applicable access requirements.
We reserve the right to block, limit, or terminate access by any Agent at our discretion.
SECTION 15 – TERMINATION
We may terminate or suspend access to the Services at any time without notice for conduct that we believe violates these Terms or is harmful to our business or other users.
All obligations and liabilities incurred prior to termination shall survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The Services and all products provided through the Services are provided “as is” and “as available” without warranties of any kind, either express or implied.
We do not guarantee:
- Uninterrupted or error-free operation of the Services;
- Specific growing outcomes;
- Crop success;
- Product performance in every environment.
To the fullest extent permitted by law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, durability, and non-infringement.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, The Flower Hat Store, its owners, employees, affiliates, contractors, licensors, service providers, and Shopify shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products purchased through the Services.
Our total liability shall not exceed the amount paid for the product giving rise to the claim.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Flower Hat Store, Shopify, and their affiliates, employees, contractors, licensors, and service providers from any claims, damages, liabilities, or expenses arising from:
- Your breach of these Terms;
- Your violation of applicable law;
- Your misuse of the Services.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Failure by us to enforce any provision of these Terms shall not constitute a waiver of such provision.
These Terms constitute the entire agreement between you and The Flower Hat Store regarding the Services.
SECTION 21 – ASSIGNMENT
You may not transfer or assign your rights under these Terms without our prior written consent.
We may assign or transfer these Terms without restriction.
SECTION 22 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Montana, United States.
You consent to the jurisdiction and venue of the courts located in Montana.
SECTION 23 – HEADINGS
Headings used in these Terms are for convenience only and do not affect interpretation.
SECTION 24 – CHANGES TO TERMS OF SERVICE
We reserve the right to update, modify, or replace any portion of these Terms at any time by posting updates to our website.
Your continued use of the Services following changes constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms of Service may be directed to:
The Flower Hat
Bozeman, Montana
Email: info@theflowerhat.com