Terms of service

Poppy + Monarch Terms of Service

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Last Updated December 6, 2023.

Thank you for your support and interest in Poppy + Monarch. We are so thankful to have you as a part of our Poppy + Monarch community!

At Poppy + Monarch, we specialize in selling enamel pins and a variety of other products. Our mission is to support and empower chronically ill thrivers, along with those who love and support them. We're dedicated to making sure they feel seen and heard through our products. In addition to offering these meaningful items, Poppy + Monarch is committed to raising awareness about multiple sclerosis (MS) and other chronic illnesses. By choosing our products, you're joining a community that celebrates strength and resilience, and helps to spread awareness about these important health issues.

Please review these Terms of Service very carefully.  By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you access our website or purchase our products and/or services.

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General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and Poppy + Monarch, LLC (“Poppy + Monarch,” “company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining goods (our “Products”) whether through our website at https://poppyandmonarch.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.” 

Acceptance of Terms. By accessing or using https://poppyandmonarch.com, you agree to be bound by these Terms of Service (“Terms”), which govern your use of our website and the purchase of our products and/or services. If you're not in agreement with any part of these terms, we kindly ask that you refrain from using our website.

Age Limitations. Our website is not intended for children under the age of thirteen. If you are under 18, you may use our website only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under thirteen.

Applicability. These Terms are the only terms that govern how we provide our Products to you.  These Terms:

• Together with your order confirmation (“Order Confirmation”), make up the entire agreement (collectively, this “Agreement”) between you and the Company, and supersede all others, both written and oral, regarding the purchase, sale, and delivery of any Services and the use of the Website.  In the event of any conflict between these Terms and the Order Confirmation, these Terms will govern.
• Will prevail over any terms and conditions submitted by you with a request for proposal, order, or in any other manner.  Providing Products to you does not mean that we, in any way, accept your terms and conditions, nor will it amend or modify these Terms.

Scope of Products. Our Products include but are not limited to: enamel pins and a variety of other products. We agree to provide Products to you as described in the Order Confirmation.

Scope of Custom Enamel Pin Services. Poppy + Monarch is excited to offer a custom enamel pin service, acting as a liaison between our customers and the pin factory (“Services”). This service is designed to help you bring your unique pin designs to life, tailored for various events and personal occasions. It is important to note that while Poppy + Monarch facilitates the creation and delivery of custom enamel pins, the manufacturing and quality control are carried out by an independent pin factory. As such, Poppy + Monarch shall not be held liable for any negligence on the part of the factory or for any damaged products that may result from the factory’s actions or omissions. By using our custom enamel pin service, customers acknowledge and agree that Poppy + Monarch is not responsible for the direct physical creation or any potential defects in the final product. Our role strictly includes consultation, design facilitation, and coordination with the factory for product realization. Upon receiving the custom enamel pins, customers are advised to inspect the products thoroughly. Any claims for defects or damages must be directed to the factory as per their terms and conditions. Poppy + Monarch will provide necessary contact information and assist in communication, but the responsibility for resolution lies between the customer and the factory.

Product Delivery.  Products purchased through our website will be delivered as detailed on the product page and order confirmation. We aim to meet estimated delivery dates; however, these are estimates and not guarantees. In case of any changes, we will communicate promptly. Delivery may occur in multiple shipments, and each shipment constitutes a separate sale. If we are unable to deliver the Products because of your failure to provide appropriate instructions, address(es), documents, payments, or authorizations: (i) any Product loss will become your responsibility; (ii) the Products will be considered delivered; and (iii) we may, at our discretion, store the Products until you provide updated instructions or information with Purchaser being liable for all related costs and expenses.

Non-Delivery. The number of Products as recorded by Seller upon dispatch of the Order is evidence of the quantity received by the Purchaser upon delivery. Seller is not liable for any non-delivery of Products unless Purchaser gives written notice to Seller of the non-delivery within 7 days of the date when the Products would in the ordinary course of business have been received. Any liability of Seller for non-delivery of the Products shall be limited to the cost actual quantity of Products that were not delivered. Seller has no liability beyond that cost.

Merchandise Availability. We cannot guarantee merchandise availability on our Website as it may be low in stock.  We will notify you by email if merchandise is not available at the time your order processes. You can confirm availability by emailing us at info@poppyandmonarch.com.

Sales Price. The price of our Products is the price indicated on the Order Confirmation (the “Sales Price”).  If no price is included on the Order Confirmation, the Sales Price is the price published on the Company’s website as of the date reflected on the Order Confirmation. We reserve the right to cancel full and partial orders due to pricing errors in store presentation. Unless otherwise indicated, all Fees are in USD.

Promotions + Discounts. We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer or issue a partial refund in the form of cash or store credit.

Payment + Billing. By providing the Company with your preferred payment method, you represent and warrant that you: 

• Are authorized to use that payment method (the “Authorized Payment Method”)
• Authorize the Company to charge your Authorized Payment Method for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”)
• Grant to us the right to provide information necessary to process payment through your Authorized Payment Method  to third parties to facilitate the transactions initiated by you or on your behalf
• Agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when those charges are incurred including but not limited to all shipping and handling charges/applicable fees and taxes, insurance, and customs duties
• Authorize us to charge your payment method for any Products received in connection with any limited time trial-period offer if you do not cancel the offer and/or return the Products on or before the last day of the trial period.

Transactions + No Resell of Products. We reserve the right to refuse or cancel any order you place on the Website for any reason, including for pricing errors as described in the Sales Price section of these Terms. We reserve the right to limit order quantities by Purchaser, payment method, and/or billing or shipping address.  These Terms expressly prohibit the purchase of any of our Products or services such as the Custom Enamel Pin Service by resellers, distributors, and dealers or to be resold in any manner.

Error in Store Presentation. We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors.  However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.  While we try to accurately display the colors of products, the colors you see may not be accurate depending on your monitor and/or mobile device.

Inspection of Nonconforming Products. Although we do our best to ensure that you receive the Products you ordered, there is a chance you could receive a different product than what is listed on the Order Confirmation, or a product with contents that do not match what is described on its label or packaging (“Nonconforming Products”).  You should inspect the Products within 24 hours of receiving them (“Inspection Period”). You will be considered to have accepted the Products unless you notify us in writing of any Nonconforming Products by the end of the Inspection Period and provide documented evidence as required by the Company. If you notify us of any Nonconforming Products during the Inspection Period, we may at our sole discretion and as your exclusive remedies, (i) replace the Nonconforming Products with conforming Products, or (ii) issue a credit or refund for the Sales Price. If we decide to replace the Nonconforming Products, you will not be responsible for any shipping and handling fees. 

No Warranties + No Guarantees. Products manufactured by a third party (“Third Party Products”) may contain, packaged together with, packaged or contained in, incorporated into, or constitute the Products.  We are providing the Products and any Third Party Products on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in these Terms.  The Company makes no warranty as to the accuracy and reliability of information set forth in the Website and Company-related documentation.

Returns + Exchanges. Please note that all sales are final. We encourage our customers to review their orders carefully before making a purchase, as we do not offer returns or exchanges for items that did not meet expectations or for change of mind. We understand that sometimes items may be damaged during transit. In such rare instances, we are prepared to assist with a return or exchange.

 To qualify for a return or exchange due to damage in transit:

• Report the damaged item to us within 7 days of receiving it.
• Provide proof of purchase, and ensure the item is in its original packaging.
• The item should not be used or worn.

If your item arrives damaged, please reach out to us immediately at info@poppyandmonarch.com with details of the damage and your order information. We will provide instructions on how to proceed with the return. 

Please be aware that we are unable to accept returns or exchanges for items damaged in transit if more than 30 days have passed since your purchase date. We encourage you to inspect your items promptly upon arrival.

Once your return is approved, we will send you a return shipping label and instructions on how and where to send the damaged item. Items returned without prior approval will not be accepted.

For any questions or assistance regarding returns of damaged items, please contact us at info@poppyandmonarch.com. We are dedicated to ensuring your satisfaction and will guide you through the return process for damaged items.

Non-returnable items. Unfortunately, we cannot accept returns on sale items or gift cards.

European Union 14 day cooling off period. Notwithstanding the above, if the merchandise is being shipped into the European Union, you have the right to cancel or return your order within 14 days, for any reason and without a justification. As above, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

Refunds. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too. If more than 15 business days have passed since we’ve approved your return, please contact us at info@poppyandmonarch.com.

Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.

Intellectual Property. The Company owns and retains all rights, titles, and interests in and to the Products.  Nothing in these Terms transfers any intellectual property ownership, and we reserve all rights not expressly granted to you. Altering or modifying the Products in any way does not grant you intellectual property ownership or the right to market or sell the altered or modified Products.

Links to Third-Party Sites/Services. Our website may contain links to third-party websites. These links are provided for your convenience only, and we are not responsible for the content or privacy practices of these other websites. You access these links at your own risk.

Consent to Use. You are welcome to give us comments and feedback pertaining to our Website, our Products, and our Company, however, we can not receive any confidential or proprietary information.  Therefore any reviews, images, comments, testimonials, feedback, ideas, suggestions, information, offers, tags, and other disclosures submitted to us through our Website or otherwise (collectively, “Submissions”) are by default not confidential.  You hereby grant us an unrestricted, irrevocable, perpetual, fully-paid, royalty-free commercial license and voluntarily release us to use your Submissions in any manner for any future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions, marketing materials, guides, and any other platform not expressed in these Terms.

User Content. Certain features of the Website may allow you to submit messages, post reviews, upload images, videos, folders, or other data, and otherwise publish content to the Website (“User Content”).  We may interact with you through third-party platforms, websites, communication services, and media channels such as Facebook, Instagram, and Twitter (“Social Media Assets”), as well as our Website (collectively, “Communication Platforms”).  You understand and agree that:

• Any content you submit to our Communication Platforms will be considered User Content
• Your User Content will not contain libelous or otherwise unlawful, profane, abusive or obscene material, or any computer virus or other malware
• We have the right but not the obligation to modify or delete User Content that we deem in our sole discretion to be abusive, unlawful, illegal, defamatory, libelous, obscene or objectionable to us. 
• You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of your User Content
• You are solely responsible for your User Content and the consequences of providing User Content via our Communication Platforms
• We take no responsibility and assume no liability for any User Content posted by you or any third-party

By providing User Content via our Communication Platforms, you are stating that nothing in your User Content or its use by the Company (i) infringes on the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right; (ii) slanders or defames any other person; (iii) would cause us to violate any law or regulation or otherwise cause us any liability by its use

International Users. Our website is controlled, operated and administered by Poppy + Monarch from our offices within the USA. If you access the website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Poppy + Monarch Content accessed through poppyandmonarch.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Changing Terms. We reserve the right, in our sole discretion, to update and revise these Terms at any time without notice to you.  Your continued use of the Website, Products and/or Services  after we have updated the Terms of Service indicates your acceptance and agreement to the changes. We encourage you to periodically review the Terms to stay informed of our updates.

Privacy + Protection of Personal Information. We respect your privacy and are committed to protecting it.  We may use certain information that we collect from you to operate Poppy + Monarch and provide our Products and Services.  Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.

Electronic Communications. When you visit https://poppyandmonarch.com or send emails to us, you're communicating with us electronically. By doing so, you consent to receive communications from us in return, electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Termination of Use. We may terminate your account or restrict your use of the Website at any time for any reason.  Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.

Indemnification. You agree to indemnify, defend and hold harmless Poppy + Monarch, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Poppy + Monarch reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Poppy + Monarch in asserting any available defenses. 

Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Los Angeles County, California. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Class Action Waiver. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Poppy + Monarch agree otherwise, 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.   

Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POPPY + MONARCH LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

POPPY + MONARCH LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. POPPY + MONARCH LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.   

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POPPY + MONARCH LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POPPY + MONARCH LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products and/or Services you have purchased through the Website.

Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the State of California. In the event of conflicting laws, the laws of California will control.

Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Poppy + Monarch LLC, P.O. Box 331, Long Beach, California 90801. Notices provided by certified mail will be effective upon actual receipt of the notice.

Contact Information. For questions or comments regarding these Terms, please contact us at:

Mailing Address:  Poppy + Monarch LLC, P.O. Box 331, Long Beach, CA 90801 

Email Address:  info@poppyandmonarch.com 

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company. 

Force Majeure. To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms.  Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.