Legal

Birdsong Apothecary Terms and Conditions

Effective: September 1, 2025

This website is operated by Atelier Birdsong LLC, DBA Birdsong Apothecary. Throughout the site, the terms “we,” “us,” and “our” refer to Birdsong Apothecary. Birdsong Apothecary offers this website, including all information, tools and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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 carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. 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 are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms 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.

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you. If you have any questions about our Terms of Service or Privacy Policy, feel free to contact us.

I. General Conditions

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 are at 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 this site.

You may not use our website content or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

II. Accuracy, Completeness and Timeliness of Information

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.

III. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

IV. Products or Services (where 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 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 store. 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 our sole discretion. We reserve the right to discontinue any product at any time.

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.

V: Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

VI. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Birdsong Apothecary and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any other product or service without the prior written consent of Birdsong Apothecary. You may not copy, modify, distribute, or otherwise use any content from the Site without our prior written consent, except as expressly allowed.

VII. Third-Party Links

Our Service may contain links to third-party web sites or services that are not owned or controlled by Birdsong Apothecary. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not warrant and will not have any liability or responsibility for the offerings of any third-party materials or websites, or for any other materials, products, or services of third-parties.

You acknowledge and agree that Birdsong Apothecary shall not be responsible or liable, directly or indirectly, for any damage or loss related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit, and ensure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

VIII. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

IX. User Comments, Feedback and other Submissions

If you submit content to the Site, such as comments, reviews, or other materials, you grant [Your Business Name] a non-exclusive, royalty-free, perpetual license to use, modify, and display the content on the Site and in connection with our business.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

X. Personal Information

Your submission of personal information to use our Services or to purchase products through the store is governed by our Privacy Policy.

If you are a California resident, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA). For more information, please review our Privacy Policy, which outlines your rights and how to exercise them.

XI. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

XII. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

XIII. Disclaimers and Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Birdsong Apothecary, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

XIV. Indemnification

You agree to indemnify, defend and hold harmless Birdsong Apothecary and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

XV. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

XVI. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

XVII. Governing Law and Dispute Resolution

These Terms and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Any disputes that arise will be resolved in the courts located in Sonoma County, California.

XVIII. Changes to the Terms

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

XVIIII. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

XX. Contact

Questions about the Terms of Service should be sent to hello@birdsongapothecary.com

Birdsong Apothecary Privacy Policy

Effective: September 1, 2025

This website is operated by Atelier Birdsong LLC, DBA Birdsong Apothecary ("we", "us" or "our"). This policy explains the what, how, and why of the information we collect when you visit our website [https://www.birdsongapothecary.com/] (the "Site"), make a purchase, sign up for our newsletter or otherwise interact with us online. It also explains the specific ways we use and disclose that information. It also explains your rights under the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA). We take your privacy extremely seriously, and we never sell lists or email addresses.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by our Terms of Service (link) and this Privacy Policy.

I. Definitions

These definitions should help you understand this policy. When we say “we,” “us,” “our,” and “Birdsong Apothecary,” we are referring to Birdsong Apothecary, a DBA of Atelier Birdsong LLC.

Service: Service refers to this Site operated by us and all content, services and products offered for general information or for sale.
Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies: Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller: Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User): Data Subject is any living individual who is using our Service and is the subject of Personal Data.

II. Information We Collect

We collect Personal Data that you voluntarily provide when you:

Book a session or place an order
Subscribe to our newsletter or marketing lists
Contact us through email or forms
Participate in a promotion or giveaway
Leave a product review or comment

This information may include the following:

Name
Email address
Phone number
Billing and shipping addresses
Payment details (processed securely through Squarespace, our e-commerce platform)
Purchase history
Any other personal information you choose to provide.

We may also automatically collect Usage Data through cookies and analytics tools such as:

IP address
Browser type
Device type
Referring URLs
Pages visited and time spent on the Site

III. How We Use Your Information

We may use the information we collect for the following purposes:

To Provide and Maintain Our Services: To process your orders, deliver products, and manage your account.
To Communicate with You: To respond to your inquiries, provide customer service, send order updates, share relevant product info or educational content and send marketing communications (if you opt-in).
To Improve Our Website: To analyze and improve our website and services, and to prevent fraud and ensure the security of the Site.
To Comply with Legal Obligations: To meet legal and regulatory requirements, including tax and shipping obligations.

IV. How We Share Your Information

We do not sell your personal information. We may share your personal data in the following cases:

Service Providers: We may share your data with the following third-party vendors and service providers who assist with payment processing, order fulfillment, email communications, analytics, and marketing. These providers are obligated to protect your data and use it only for services provided on our behalf.

Squarespace (our e-commerce platform)
Flodesk, Klaviyo (email and SMS marketing)
Payment processors (e.g., Stripe, Square)
Shipping providers
Analytics tools (e.g., Google Analytics)

Legal Requirements: We may disclose your personal data in the good faith belief that such action is necessary to comply with legal obligations, such as to respond to subpoenas, court orders, or other legal requests.
Business Transfers: If we are involved in a merger, acquisition, or asset sale, your personal data may be transferred as part of that transaction.

V. Email and SMS Communications

If you opt in to receive emails or SMS messages from Birdsong Apothecary:

You may receive promotional offers, product news, wellness education, and updates
You can unsubscribe at any time by clicking “Unsubscribe” in an email or replying STOP to any SMS
Message and data rates may apply for text messages

You may opt out of receiving any, or all, communications from us by following the unsubscribe link or instructions provided in any email or SMS we send. We never share your email or phone number with third-party marketers.

VI. Cookies and Tracking Technologies

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. We use cookies and similar tracking technologies to:

Personalize your shopping experience
Analyze how visitors use the Site
Improve website functionality

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, disabling cookies may affect how the Site functions.

VII. California Consumer Privacy Act (CCPA)

If you are a resident of California, you have specific rights under the California Consumer Privacy Act (CCPA):

Right to Know: You can request information about the categories and specific pieces of personal information we have collected about you.
Right to Delete: You can request that we delete your personal information, subject to certain exceptions.
Right to Opt-Out of Sale: You have the right to opt out of the sale of your personal information to third parties.
Right to Non-Discrimination: You have the right not to be discriminated against for exercising your rights under the CCPA.

To make a request under the California Consumer Privacy Act (CCPA), email us at hello@birdsongapothecary.com with the subject line “CCPA Request.” We will verify your request and respond within 45 days.

VIII. Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

As a resident of the European Union (EU) or the European Economic Area (EEA), you have the following rights under the GDPR:

Right to Access: You can request a copy of the personal data we hold about you.
Right to Rectification: You can request correction of any inaccurate or incomplete personal data.
Right to Erasure (Right to be Forgotten): You can request the deletion of your personal data, under certain conditions.
Right to Restrict Processing: You can request that we limit the processing of your personal data.
Right to Data Portability: You can request to receive your personal data in a structured, commonly used format to transfer to another service provider.
Right to Object: You can object to the processing of your personal data, including for direct marketing purposes.
Right to Withdraw Consent: If we process your data based on consent, you can withdraw it at any time.

To exercise these rights, email us at hello@birdsongapothecary.com with the subject line “GDPR.” We will verify your request and respond within 45 days.

IX. Data Retention

We retain your personal data only as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as required by law. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. When we no longer need your personal data, we will securely delete or anonymize it.

Birdsong Apothecary will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

X. Security of Your Information

The security of your data is important to us, and we take reasonable steps to protect your personal data from unauthorized access, use, or disclosure. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

XI. Transfers of Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it here. By using our Site and providing your data, you consent to such transfers, which may not have the same data protection laws as your country.

Birdsong Apothecary will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

XII. Third-Party Links

XIII. Children's Privacy

Our Service is not intended for anyone under the age of 18 ("children", "child"). We do not knowingly collect personally identifiable information from minors. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we will promptly delete it.

XIV. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The most recent version of the Privacy Policy is reflected by the effective date located at the top of this document. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Site. We encourage you to review this Privacy Policy often to stay informed about how we are protecting your information, as your continued use of the Site signifies your continuing consent to be bound by this Privacy Policy. Our electronically or otherwise properly stored copies of this Privacy Policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in effect on each respective date you visited the Site.

XV. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

Email: hello@birdsongapothecary.com
Address: 2108 N ST, #10441, Sacramento CA 95816

XVI. Acknowledgement

By using this Site or submitting your personal information, you acknowledge that you have read, understood, and agree to this Privacy Policy.