Terms of service

This website is owned and operated by Berry baggers. When using the terms "we", "us", and "our", we are referring to Berry baggers. Your use of this site constitutes your acceptance of all the terms, conditions, policies, and notices provided here.

When you use our site or make a purchase from us, you are engaging in our "Service" and consenting to abide by the terms and conditions ("Terms of Service", "Terms") outlined on this page, along with any other policies or terms that are referenced or linked from here. Our Terms of Service are applicable to all users of our site, including, but not limited to, browsers, vendors, customers, merchants, and contributors of content.

In the event that we add any new features or tools to our store, they will also be subject to the Terms of Service outlined on this page. You can always view the most up-to-date version of the Terms of Service on this page. We reserve the right to update, modify, or replace any portion of these terms by posting changes on our website. You are responsible for checking this page regularly to keep up-to-date with any changes. Your continued use of or access to the website following any updates signifies your acceptance of those changes.

Please read the following Terms of Service before accessing or using our website. By accessing, browsing and/or otherwise using the site in any way, you are agreeing to be legally bound by this document and its contents.

You may only access the website or use the Services if you agree to all of these terms and conditions.

Acceptance of these Terms of Service is expressly limited to the terms set forth herein.

The e-commerce platform we use to sell our products and Services online is provided by Shopify Inc., which hosts our online store. The headings included in this agreement are provided for convenience and reference only, and they do not modify or impact the meaning or interpretation of these Terms.

 

SECTION 1 - ONLINE STORE TERMS

• When you agree to these Terms of Service, you confirm that you are either the age of majority in your state or province of residence, or that you have obtained the necessary consent from your minor dependents to use this site.
• Any unlawful or unauthorized use of our products is strictly prohibited, and you must comply with all applicable laws in your jurisdiction, including, but not limited to, copyright laws, while using our Service.
• When using our Service, you are not allowed to transmit any worms, viruses, or other malicious code that could harm our system or disrupt our Service.
• We reserve the right to terminate your Services immediately if you breach or violate any of the Terms of Service.

 

SECTION 2 - GENERAL CONDITIONS

• We retain the right to refuse Service to anyone, at any time, and without any explanation.
• You acknowledge that your content (excluding credit card information) may be transmitted over various networks without encryption and may need to be adapted to meet technical requirements of connecting networks or devices.
• You must not replicate, copy, sell, resell, or exploit any part of the Service, usage of the Service, or access to the Service or any contact on the website providing the Service, except with our express written permission.

 

 

 

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

• The material on this site is intended for general information purposes only and is not intended to replace professional advice. You should always seek the advice of a qualified professional before making any decisions based on the material on this site.
• The site may contain certain information that is not current, but is for reference purposes only.
• We may modify the contents of this site at any time, but we are under no obligation to update the information on our site. You acknowledge that you have the responsibility to check out any changes we may make.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

• We reserve the right to modify the prices of our products at any time without prior notification.
• We reserve the right to alter, discontinue, or remove any portion or content of the Service without any notice or obligation.
• We hold no liability to you or any third party for any modifications, suspensions, discontinuations, or price changes to our service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

• The website may provide certain products or services that are exclusively available online, with restricted quantities, and are subject to the terms and conditions of the Refund Policy for any returns or exchanges.
• We have taken all necessary measures to exhibit the colors and pictures of our products as precisely as possible on the store. Nonetheless, we cannot ensure that the colors displayed on your computer screen will be an exact match.
• Our discretion allows us to limit the sales of our products or Services to certain individuals, geographic areas, or jurisdictions. We may opt to exercise this right based on a case-by-case assessment.
• Our products or services may be limited in quantity, and we reserve the right to restrict them.
• We may modify or alter product descriptions or prices without prior notice and solely at our discretion.
• We reserve the authority to cease the sale of any product at any point.
• Offers for products or services on this site are invalid if they violate any laws or regulations.
• We make no guarantees that any products, services, information, or other materials purchased or obtained through our website will meet your expectations or that any errors in the Service will be fixed.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

• We reserve the right to decline any order placed on our website.
• We have the right to limit or cancel any purchase made by a person, household, or order at our sole discretion. We may impose limitations on orders placed using the same customer account, credit card, and/or billing and shipping address.
• Our team will contact you using the email or billing address/phone number provided during the time of order placement to inform you of any changes or cancellations made to your order.
• We retain the right to refuse or restrict orders placed by distributors, resellers, or dealers in our sole discretion.
• When making purchases on our store, you agree to provide us with accurate, current, and complete information about yourself and your account, including your email address and credit card details. You are responsible for ensuring that this information is kept up to date so that we can process your orders and contact you if necessary.
  
  Please refer to our Refund Policy for more details.

SECTION 7 - OPTIONAL TOOLS

• We may grant you access to third-party tools that we have no control over or input on.
• By using any optional third-party tools provided, "as is" and "as available", you acknowledge and agree that we bear no liability whatsoever for any consequences that may arise from such use.
• You are solely responsible for deciding whether to use any optional third-party tools made available through the site.
• Your use of such tools is entirely at your own risk and discretion, and you should familiarize yourself with the terms and conditions under which the third-party providers offer these tools. We are not responsible for any damages, losses, or other liabilities resulting from your use of such tools. Press Tab to write more...
• We have the right to add new tools and resources, as well as new features and services to our website in the future, and these additions will be governed by these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

• Our Service may contain content, products, and services that incorporate third-party materials.
• The inclusion of links to third-party websites on our site does not constitute an endorsement of their content or accuracy. We are not liable for any damages or issues resulting from the use of third-party materials or websites.
• Any dealings between you and any third-party website, including the delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third-party website.
• Prior to engaging in any transaction with third-party websites, it is necessary to carefully review their policies and practices. We shall not be responsible for any harm or damages resulting from the use of their content or services.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

• By sending us certain specific submissions or creative ideas, suggestions, proposals, plans, or other materials, with or without our request, whether online, by email, by postal mail, or otherwise, you agree that we may use your comments without restriction. This includes the right to edit, copy, publish, distribute, translate, and use your comments in any medium.
• We have no obligation to keep any comments you submit confidential, and we are free to use them as we see fit, without any obligation to respond or compensate you for their use.
• We have the discretion to examine, modify, or delete any content that we deem to be illegal, abusive, or offensive or that violates the intellectual property rights of another party or these Terms of Service.
• By submitting comments, you consent to not infringe on any third-party rights, such as copyright, trademark, or privacy.
• Your comments must not contain any abusive, obscene, or illegal material, and you agree not to include any viruses or malware that could harm the operation of the Service or any related website.
• You bear full responsibility for the accuracy and content of any comments you make.
• The comments posted by you or any third-party are solely your/their responsibility, and we do not take any responsibility or liability for them.
• Using a fake email address, impersonating someone else, or deceiving us or third-parties about the source of any comments is strictly prohibited.

 

SECTION 10 - PERSONAL INFORMATION

• Our Privacy Policy applies to any personal information you submit through the store.

 

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

• There may be instances where our site or Service includes information that contains errors, inaccuracies, or omissions, which may pertain to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.
• We hold the right to modify, change, or cancel orders if there are any inaccuracies, errors, or omissions in the Service or on any associated website, including product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability, without giving any prior notice, including after the order has been placed.
• There is no obligation on our part to update, modify or clarify any information present in the Service or related website, except when it is mandated by law.
• The absence of a specified update or refresh date on the Service or any related website should not be interpreted as an indication that all the information on the Service or the related website has been updated or modified.

 

SECTION 12 - PROHIBITED USES

• Apart from the restrictions mentioned in the Terms of Service, the use of the site or its content is prohibited:

1. for any illegal or unauthorized purpose;
2. to solicit others to engage in any illegal activities or acts that are prohibited by the Terms of Service;
3. for violating any international, federal, provincial or state regulations, rules, laws, or local ordinances.
4. to violate or infringe upon our intellectual property rights or those of others;
5. to engage in any behavior that is considered harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to provide inaccurate or deceptive information;
7. to upload or transmit viruses or any other harmful code that could be used to disrupt the operation or functionality of the Service or any related website, as well as other websites or the Internet;
8. to accumulate or trace the personal details of others;
9. to engage in any activity that involves spamming, phishing, pharming, pretexting, spidering, crawling, or scraping of the site or its content.
10. for any purpose that is deemed obscene or immoral;
11. to undermine or evade the security mechanisms of the Service or any linked website, other websites, or the Internet.

• We have the authority to end your access to the Service or any related website if you engage in any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

• Our Service is not guaranteed to be free from interruptions, delays, security, or errors, and we make no representation or warranty to that effect.
• We do not provide any assurance that the Service will produce accurate or reliable results.
• You acknowledge and accept that we reserve the right to discontinue or suspend the Service at any time without prior notice to you.
• Your exclusive responsibility is to use the Service or not, which you expressly agree upon. The Service and all products and services provided to you through the Service are provided "as is" and "as available" without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, unless otherwise stated by us.
• Under no circumstances shall Berry baggers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be held liable for any damages, including lost profits, lost revenue, lost savings, replacement costs, or any similar damages, arising from your use of any of the Service or any products procured using the Service.

 

SECTION 14 – INDEMNIFICATION

• Under these Terms of Service, you are obligated to indemnify, defend, and keep Berry baggers, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees free from any third-party claims or demands, including reasonable attorney's fees, arising out of your breach of these Terms of Service or any violation of applicable law or a third-party's rights.

 

SECTION 15 – SEVERABILITY

• If any part of these Terms of Service is found to be invalid or unenforceable, the rest of the Terms will remain in full force and effect. The unenforceable part will be considered as separate from these Terms of Service, and the remaining parts will still be valid and enforceable according to the applicable law.

 

SECTION 16 – TERMINATION

• The parties shall remain responsible for their obligations and liabilities that arose prior to the termination of this agreement, and such responsibilities and liabilities shall continue to exist after the termination date for all intents and purposes.
• Unless terminated by either party, these Terms of Service will continue to apply. If you decide to terminate these Terms of Service, you can do so at any time by informing us that you no longer wish to use our Services or by discontinuing your use of our site.
• If we determine that you have not complied with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will be responsible for all amounts owed up to and including the date of termination. Additionally, we may refuse you access to our Services (or any portion thereof).

 

SECTION 17 - ENTIRE AGREEMENT

• We retain the right to enforce any provision of these Terms of Service at any time, and our failure to enforce any such provision does not constitute a waiver of that provision or any other provision of these Terms of Service.
• These Terms of Service, in conjunction with any policies or operating rules posted by us on this site or pertaining to the Service, form the complete agreement and understanding between you and us and regulate your use of the Service, superseding any prior or concurrent agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
• The party responsible for drafting these Terms of Service will not be held accountable for any ambiguities in their interpretation.

 

SECTION 18 - GOVERNING LAW

• Our Services are subject to the laws of the United States, and these Terms of Service, along with any other agreements we enter into with you, will be interpreted accordingly.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

• At any given time, you have the option to examine the latest edition of the Terms of Service on this page.
• We may update, modify, or substitute any section of the Terms of Service at our discretion by posting updates and changes to our website. Please check our website regularly for updates. Your continued use of our website or Service after the posting of any changes implies that you accept the changes.

 

SECTION 20 - CONTACT INFORMATION

• If you have any questions regarding the Terms of Service, you can send them to us at info@berrybaggers.com.
• Our contact information is posted below:
  [INSERT TRADING NAME]
  info@berrybaggers.com
  [INSERT BUSINESS ADDRESS]
  [INSERT BUSINESS PHONE NUMBER]
  [INSERT BUSINESS REGISTRATION NUMBER]
  [INSERT VAT NUMBER]