Terms of Service

THE HOUSE OF PETRA TERMS AND CONDITIONS

EFFECTIVE DATE: January 1st, 2024

The House of Petra, LLC (“We” or “The House of Petra”) operates the website www.thehouseofpetra.com (the “Website”). This Agreement governs your use of the Website and the purchase of any products from The House of Petra (the “Products”).

Your use of the Website and purchase of Products are contingent upon your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms establish a legally binding agreement between you and The House of Petra, and careful consideration of its contents is advised. By accepting these Terms, you are also acknowledging and agreeing to The House of Petra Privacy Policy, Online Return Policy, Store Returns Policy, and Shipping Policy, all of which are explicitly incorporated herein by reference.

THIS AGREEMENT INCLUDES AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH WAIVE YOUR RIGHT TO A COURT HEARING, JURY TRIAL, OR PARTICIPATION IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. BEFORE ACCESSING, USING, OR PURCHASING ANY PRODUCT THROUGH THE WEBSITE, YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY.

User Obligations

By downloading, accessing, or using the Website, you affirm that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and that you agree to abide by these Terms. Furthermore, you commit to comply with all applicable local, state, and national laws and regulations concerning your use of the Website. It is imperative that you provide accurate, current, and complete information (along with updates) to The House of Petra through the Website. Your use of the Website should align with the terms outlined in this Agreement, and you must refrain from utilizing the Website or its Content for commercial, political, obscene, illegal, or inappropriate purposes. The House of Petra retains the right, at its sole discretion, to terminate your access to the Website for any reason or no reason. Should you register for an account on the Website, you may need to designate an email address and password, with additional requirements as specified by The House of Petra. You agree to assume full responsibility for your Website usage, encompassing all activities under your password (and related account access). Prompt notification to The House of Petra is required if you suspect or become aware of any password loss, theft, or unauthorized use.

Purchases through the Website

All transactions made on the Website are subject to our approval. This implies that we retain the right to decline or cancel any transaction at our discretion, without incurring liability to you or any third party. The Website does not facilitate orders from dealers, wholesalers, or other customers intending to resell items featured on the Website. The acceptance of your order by The House of Petra is explicitly conditioned on your agreement to these Terms and any additional terms and conditions stipulated on the Website governing your purchase of specific Products. By placing orders through the Website, you affirm the accuracy and completeness of the provided information. The House of Petra reserves the right to discontinue or modify specifications and prices on Products offered both on and outside the site without prior notice. Prices and availability are subject to change without advance notice, and The House of Petra reserves the right to withdraw any offer and rectify errors, inaccuracies, or omissions.

The House of Petra aims for your satisfaction with purchases from this Website. For information on product returns, please refer to our Online Return Policy and Store Returns Policy, incorporated herein by reference.

Website Ownership and Content

The Website encompasses materials such as text, images, designs, photographs, videos, audio clips, graphics, button icons, advertising copy, URLs, technology, software, and the overall arrangement or "look and feel" of these materials, including copyrightable material, trademarks, logos, and service marks. These elements belong to The House of Petra, its licensors, licensees, or other third parties (collectively referred to as the “Content”). The Website and the Content are either owned, licensed, or controlled by The House of Petra, its licensors, and specific third parties. All rights, title, and interest in the Content and the Website belong to The House of Petra, its licensors, or certain other third parties, and they are protected by United States and international intellectual property rights and laws to the maximum extent possible. Your use of the Website does not grant you any ownership, intellectual property, or other interest in any item or content on the Website.

Subject to your compliance with this Agreement, The House of Petra grants you a limited, non-exclusive, non-transferable, non-assignable, and revocable license to access, display, view, and use the Content on the Website for your personal, non-commercial use only. However, The House of Petra reserves the right, without notice, to suspend or terminate the availability of the Website, its Content, or the Products at any time, without incurring any liability to you or any third party.

User-Generated Content

By submitting or posting any materials or content on the Site (“User-Generated Content”), you provide The House of Petra with a perpetual, irrevocable, royalty-free, worldwide, sub-licensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You confirm that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have the full right to grant The House of Petra the specified license. The House of Petra is entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution, or compensation to you.

Limitation of Liability; Disclaimer of Warranties

Except where inapplicable or prohibited by law, the Website, along with all Content, Products, and other information on or accessible from the Website, is provided “as is” and “as available,” without any warranty of any kind, whether express or implied. This includes but is not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, or accuracy. The House of Petra does not guarantee that: (1) the information on the Website is correct, accurate, or reliable; (2) the functions contained on the Website will be uninterrupted or error-free; or (3) defects will be corrected, or that the Website or the server making it available is free of viruses or other harmful components.

In no event shall The House of Petra or its officers, directors, shareholders, employees, independent contractors, or agents be liable for any indirect, special, incidental, exemplary, consequential, or punitive damages, under any cause of action whatsoever. This includes, but is not limited to, contract, tort, strict liability, warranty, or otherwise, for any claim, cause of action, fee, expense, cost, or loss arising from or related to this Agreement, the Privacy Policy, the Return Policy, the Shipping Policy, the Products, or your use of the Website or any Products. This disclaimer of warranties and limitation of liability does not apply in New Jersey, notwithstanding anything in these Terms to the contrary.

Dispute Resolution & Arbitration Agreement

Section 1: Dispute Resolution Overview

Any dispute related to your visit to or use of the Website, the Products, or any purchase under this Agreement ("Dispute") shall be submitted to small claims court or confidential, binding arbitration. The Dispute will be governed exclusively by the laws of the State of California, excluding its conflict of law provisions.

Section 2: Class Action Waiver and Arbitration Agreement

(1) Claims Subject to Arbitration

To the fullest extent permitted by applicable law, The House of Petra and you agree that any and all Disputes, except those filed in small claims court, shall be submitted to final and binding arbitration (the “Arbitration Agreement”). The term "The House of Petra," "you," "we," and "us" in this Arbitration Agreement include respective predecessors, successors, assigns, parents, subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content at the time your or our claim arises.

This Arbitration Agreement covers:

  • Claims related to the relationship between us, based on contract, tort, fraud, misrepresentation, or any statutory or common-law legal theory.
  • Claims that arose before this or any prior Arbitration Agreement (e.g., claims related to advertising).
  • Claims for mental or emotional distress or injury not arising from physical bodily injury.

The following are excluded from arbitration and may be adjudicated only in California's state and federal courts: (i) disputes related to The House of Petra’s intellectual property and proprietary rights; (ii) actions for temporary, preliminary, or permanent injunctive relief; (iii) legal actions by The House of Petra against a non-consumer; or (iv) interactions with governmental and regulatory authorities.

Either party may elect to have Disputes heard in small claims court seeking only individualized relief, provided the action is not removed or appealed to a court of general jurisdiction.

(2) Class Action and Jury Trial Waiver

You and The House of Petra agree that, to the fullest extent permitted by law, claims against each other must be brought only on an individual basis, whether in small claims court or arbitration. You may not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means no class or group claims, and neither party can participate in any class or representative proceeding brought by a third party.

Notwithstanding the above, you or The House of Petra may participate in a class-wide settlement.

To the fullest extent permitted by law, both parties waive any right to a jury trial.

You acknowledge your right to litigate in court with a judge or jury, as part of a class or representative action. However, you agree to have any claims decided individually through arbitration or small claims court. You expressly agree not to bring or join any claim in any representative or class-wide capacity, including class actions or class-wide arbitration.

You have thirty (30) days from the date of product purchase or website information submission to opt out of this Arbitration Agreement. To opt out, contact us in writing at customercare@thehouseofpetra.com. If more than thirty (30) days have passed, you are not eligible to opt out for claims related to the product or website information provided.

This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and survives the termination of this Agreement.

(3) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures:

Both parties recognize that sincere, informal attempts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial resolution. Therefore, the party intending to initiate arbitration or file a small claims court claim must first send a written Notice of Dispute (“Notice”) to the other party. For The House of Petra, the Notice should be emailed to customercare@thehouseofpetra.com (“Notice Address”). The Notice must include:

  • The claimant's name, address, and email.
  • A description of the nature and basis of the claim or dispute.
  • Relevant facts about your use of The House of Petra website, including account creation, receipt of emails, and purchase history.
  • A detailed description of the specific relief sought, including any damages and a calculated amount.
  • A personally signed statement from the claimant verifying the accuracy of the Notice's contents.

The Notice must be individualized, addressing only your dispute.

Upon receiving a completed Notice, the parties will make a good-faith effort to resolve the dispute within 60 days (extendable by agreement). After the completed Notice, the recipient may request a telephone or video settlement conference (which can be held after the 60-day period), attended by both parties and their counsels if represented. The parties will cooperatively schedule the conference at the earliest mutually-convenient time to seek resolution. If no agreement is reached within 60 days (or an extended period by agreement), either party may commence arbitration or a small claims court proceeding (if allowed by small claims court rules).

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures is a condition precedent to initiating arbitration. The limitations period and filing fee deadlines are tolled during these procedures. Full adherence to these procedures ensures both parties have a meaningful chance to informally resolve disputes. Failure to meet these requirements may lead to a court enjoining arbitration initiation. Additionally, unless prohibited by law, arbitration administrators may not accept, administer, assess, or demand fees for incomplete procedures. If arbitration is already pending, it will be administratively closed. This paragraph does not limit a party's right to seek damages for non-compliance in arbitration.

(4) Arbitration Procedure:

The arbitration proceedings will adhere to the rules of the National Arbitration & Mediation (“NAM”) (specifically the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”). NAM will administer the arbitration, but if NAM is unavailable or unwilling, the parties will choose an alternative arbitration provider. If no agreement is reached on the provider, the court will make the selection pursuant to 9 U.S.C. §5. Access the NAM Rules online at www.NAMADR.org or by writing to the Notice Address. A form to initiate arbitration can be obtained here or by contacting NAM.

The party initiating arbitration must submit a certification confirming compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures (subsection 3) and acknowledgment of the enclosed or attached Arbitration Agreement. Both documents must bear the personal signature of the initiating party (and counsel, if represented).

All matters fall within the arbitrator's jurisdiction, except those explicitly addressed herein and issues pertaining to the Arbitration Agreement's scope, enforceability, or whether a dispute must be arbitrated, which are left to a competent court. The arbitrator is not bound by decisions in other arbitrations involving different parties.

By default, arbitration hearings occur in the county (or parish) of your billing address unless otherwise agreed or dictated by the NAM Rules. For international residents, arbitration will commence in Los Angeles, California. Following the arbitration, the arbitrator will provide a written decision explaining the essential findings and conclusions underlying the award. The arbitrator's decision only binds you and The House of Petra and has no preclusive effect in unrelated arbitrations or proceedings with different parties. Satisfied awards may not be entered in court.

Similar to court proceedings, both parties certify their adherence to Federal Rule of Civil Procedure 11(b) during arbitration, affirming that their claims are neither frivolous nor improperly motivated. The arbitrator holds the authority to impose sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or relevant federal or state law against represented parties and counsel.

Subject to applicable law, the arbitrator may grant any remedy or relief available in court, including attorneys' fees and costs. Both parties bear their attorneys' fees and costs unless the arbitrator awards sanctions or deems the claim, defense, or relief sought frivolous, improper, or brought in bad faith (in line with Federal Rule of Civil Procedure 11(b)).

(5) Arbitration Fees:

Arbitration fees (including filing, arbitrator, and hearing fees imposed by the arbitration administrator) will follow the NAM Rules unless you qualify for a fee waiver under the law. If the arbitrator determines that the fees would be prohibitive for you compared to litigation after exhausting potential waivers, we will cover as much of your filing, arbitrator, and hearing fees as necessary to avoid cost-prohibitive arbitration, unless your claim(s) are found frivolous, improper, or asserted in bad faith. The goal is to make arbitration cost-effective, and either party can engage with NAM to address fee reduction or deferral.

(6) Confidentiality:

Upon request from either party, the arbitrator will issue an order ensuring that any confidential information disclosed during the arbitration, whether orally or in documents, shall remain confidential. Such information may only be used or disclosed in connection with the arbitration or a proceeding to enforce the arbitration award. Additionally, any permitted court filing involving confidential information must be conducted under seal to the furthest extent allowed by law.

(7) Offer of Settlement:

In any arbitration involving you and The House of Petra, the defending party may, at its discretion, present a written settlement offer before the evidentiary hearing or, if a dispositive motion is permissible, before the granting of such motion. The content or terms of the settlement offer must not be disclosed to the arbitrator until after an award on the claim is issued. If the award favors the other party and is less than the defending party's settlement offer or if the award favors the defending party, the other party is responsible for the defending party's costs incurred after the offer, including any attorney's fees. If any relevant statute or case law prohibits the shifting of costs incurred in arbitration, the offer in this provision shall cease the accumulation of any costs the claimant may be entitled to for the cause of action under which it is suing.

(8) Requirement of Individualized Relief:

The arbitrator may grant declaratory or injunctive relief solely in favor of the individual seeking relief and only to the extent necessary for the relief warranted by that individual's claim. Both you and The House of Petra agree, to the fullest extent permitted by applicable law, that claims can only be brought in your or our individual capacity and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person's claims and cannot preside over any representative, class, or private attorney general proceeding. If, after all appeals, any of these restrictions are deemed unenforceable for a particular claim or request for relief, the parties agree that such a claim or request will be decided by a court of competent jurisdiction after all other arbitrable claims and requests for relief are arbitrated. Any arbitrations between you and The House of Petra will be governed by this Arbitration Agreement, superseding any prior arbitration agreement, and any amendments will apply prospectively.

(9) Opt Out of Future Changes:

In the event The House of Petra makes any future changes to this Arbitration Agreement (except for changes to the Notice Address), you have the option to reject such changes by sending an email to customercare@thehouseofpetra.com within 30 days of the amended arbitration agreement's posting. The email must include your full legal name, complete mailing address, phone number, and, if applicable, the username or email address associated with any potential The House of Petra website account. This opt-out email must be personally sent by you, not by a representative, attorney, or any other person acting on your behalf. It must include a personally signed statement expressing your rejection of the change to the Arbitration Agreement. This does not constitute a complete opt-out of arbitration.

(10) Mass Filing:

If 25 or more claimants, including yourself, submit Notices or seek arbitration demands with similar claims against the other party or related parties, whether by the same or coordinated counsel or entities, it constitutes a Mass Filing. The additional procedures outlined below will be applicable, and both parties agree to the following:

Throughout the Mass Filing process, the parties' counsels will engage in discussions to consider modifications to these procedures based on the specific needs of the Mass Filing. It is acknowledged that participating in a Mass Filing might cause delays in the adjudication of disputes. The tolling of any applicable limitations period (including statute of limitations) and filing fee deadlines begins when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, provided the pre-arbitration Notice adheres to the requirements in that subsection. This tolling continues until your claim is selected for proceeding as part of a staged process, settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One: Counsel for claimants and counsel for The House of Petra will each select 25 claims per side (totaling 50 claims) to be filed and proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations will be assigned to a different, single arbitrator unless otherwise agreed in writing. Claims not selected in this initial stage will not be filed or deemed filed in arbitration, and no arbitration fees will be assessed until they are chosen for individual arbitration proceedings in a staged process. Following the completion of this initial set of proceedings, the parties will engage promptly in a global mediation session for all remaining claims facilitated by a retired federal or state court judge.

Stage Two: If the remaining claims are unresolved after the initial global mediation, counsel for claimants and counsel for The House of Petra will each select 50 claims per side (totaling 100 claims) for individual arbitration in a second staged process, subject to any agreed-upon procedural changes in writing. Each of these individual arbitrations will be assigned to a different, single arbitrator unless otherwise agreed in writing. Claims not selected in this second stage will not be filed or deemed filed in arbitration, and no arbitration fees will be assessed until they are chosen for individual arbitration proceedings in a staged process. Following the completion of this second set of staged proceedings, the parties will engage promptly in another global mediation session for all remaining claims facilitated by a retired federal or state court judge.

(11) Dispute Resolution Options after Mass Filing:

If your claim is not resolved through the staged process outlined above, you have the following options:

Option One:

  • You and The House of Petra may individually or collectively opt out of arbitration and choose to have your claim heard in court, following the terms of the Agreement.
  • To opt out, you must personally send a signed notice via email to customercare@thehouseofpetra.com within 30 days after the conclusion of the mediation associated with Stage 2. This email must be sent by you personally, not by an agent, attorney, or any other representative, and include a personally signed statement expressing your desire to opt out.
  • Alternatively, The House of Petra may opt your claim out of arbitration by sending a personally signed notice to your counsel within 14 days after the expiration of your 30-day opt-out period. Adjustments to these deadlines may be agreed upon by counsels.

OR

Option Two:

  • If neither you nor The House of Petra chooses Option One, your claim will be resolved through ongoing staged individual arbitration proceedings, as detailed below:
    • If the remaining claims exceed 200, 200 claims shall be randomly selected (or selected through an agreed process) to proceed in individual arbitrations as part of a staged process. If there are fewer than 200 remaining claims, all of them shall be filed and proceed in individual arbitrations.
    • Any remaining claims will not be filed or deemed filed in arbitration, and no arbitration fees will be assessed until they are selected for individual arbitration proceedings in a staged process.
    • After each set of 200 claims is resolved, the process repeats with new sets of claims, following the specified parameters.
    • Counsels are encouraged to meet, confer, engage in mediation, and collaborate with each other and NAM to streamline the adjudication, increase claim efficiency, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction has the authority to enforce these Mass Filing provisions and may enjoin mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these procedures apply to your claim and a court determines they are unenforceable, your claim will proceed in a court of competent jurisdiction in line with this Agreement.

You and The House of Petra affirm a commitment to the integrity and efficiency of arbitration for the fair resolution of genuine disputes. Both parties agree to act in good faith to ensure the specified processes are followed, believing these Mass Filing procedures are reasonably designed for efficient and fair adjudication.

(12) Severability:

If any part of this Arbitration Agreement is deemed void, invalid, or unenforceable, that portion shall be considered severable. If possible, it will be superseded by a valid, enforceable provision closely aligned with the original intent. The remainder of this Arbitration Agreement will remain valid and enforceable according to the terms herein.

Links to Third-Party Websites

The Website may contain hyperlinks to third-party websites, including those of advertisers, sponsors, content partners, and other external entities. The presence of any link on the Website does not imply The House of Petra’s endorsement. The House of Petra explicitly disclaims any responsibility for the content, materials, accuracy of information, or the quality of products or services offered on these third-party websites.

Privacy

You acknowledge that certain parts of this Website may necessitate the submission, use, and dissemination of personally identifiable information, particularly during activities like registering or creating an account. By providing your mobile phone number, you expressly consent to The House of Petra contacting you via telephone, including automated dialing systems, prerecorded messages, SMS, and MMS. This consent applies even if your number is on a corporate, state, or national Do Not Call list. Your consent is not obligatory for making a purchase. For a comprehensive understanding of The House of Petra’s information collection and use practices, refer to The House of Petra’s Privacy Policy, which is integrated into this agreement.

Electronic Signatures and Agreements

By clicking on buttons like “SUBMIT,” “DOWNLOAD,” “PLACE MY ORDER,” “I ACCEPT,” or any similar links designated by The House of Petra to accept terms and conditions, you are submitting a legally binding electronic signature and entering into a contract. Your electronic submissions signify your agreement and intent to be bound by this Agreement. In accordance with applicable laws, including the United States Electronic Signatures in Global and National Commerce Act (E-Sign Act), you consent to the use of electronic signatures, contracts, orders, and other records. Additionally, you waive any rights or requirements under laws that mandate original signatures or non-electronic records.

California Proposition 65

This warning is provided in compliance with Proposition 65, informing California citizens about potential exposure to certain chemicals. WARNING: Products available on this site may contain chemicals recognized by the State of California to cause cancer, birth defects, or other reproductive harm.

Miscellaneous

This Agreement represents the complete understanding between you and The House of Petra, supplanting any prior versions. If an arbitrator or court finds any provision invalid, the remaining provisions remain unaffected and enforceable. Such invalid provisions may be modified or severed to the extent necessary for enforceability while maintaining consistency with the rest of this Agreement.

Contact Us

For inquiries regarding these Terms of Use, the Products, or the Website, contact us via email at customercare@thehouseofpetra.com.

 
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