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OVERVIEW
Welcome to Berry Beautiful! The terms "we," "us," and "our" refer to Berry Beautiful. Berry Beautiful operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Berry Beautiful is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or other jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and have given your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors, textures, appearance, and other natural characteristics of products may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
Many Berry Beautiful products are natural agricultural products or are produced from natural agricultural ingredients. Natural variations may occur between harvests, batches, and individual products. Such variations may include, without limitation, differences in color, aroma, texture, clarity, or other naturally occurring characteristics and do not necessarily indicate a defect or difference in quality.
We do not warrant that the appearance of any product or service purchased by you will be identical to photographs, illustrations, or other depictions displayed in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Berry Beautiful reserves the right to accept or decline your order for any lawful reason at our discretion. Your order is not accepted until Berry Beautiful confirms acceptance. We must receive and process your payment, or otherwise approve agreed payment terms, before your order is accepted.
Please review your order carefully before submitting it, as Berry Beautiful may be unable to accommodate cancellation requests after an order has been accepted or entered production, fulfillment, or shipment. If we do not accept an order, make a material change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange in accordance with our Refund Policy.
Retail purchases may be made for personal or household use. Berry Beautiful also sells products and ingredients for commercial, manufacturing, wholesale, resale, distribution, and other business purposes. Approved bulk, wholesale, distributor, business-to-business, and export orders may therefore be purchased for commercial use, formulation, resale, distribution, or export, subject to applicable law and any additional written terms, quotations, specifications, purchase orders, invoices, or agreements applicable to the transaction.
Subscription, pre-order, and try-before-you-buy purchases may also be subject to our applicable cancellation or subscription terms.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. Unless otherwise agreed in writing, the price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation, invoice, quotation, or other applicable sales documentation.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs duties, import charges, brokerage fees, certificates, special documentation, or other charges that may apply to an order.
Prices posted in our online store may differ from prices offered through wholesale quotations, bulk orders, distributors, third-party marketplaces, physical retail locations, or other sales channels. We may offer promotions through the Services from time to time that may affect pricing and that may be governed by terms and conditions separate from these Terms. If there is a conflict between the specific terms of a promotion and these Terms, the promotion terms will govern with respect to that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card information, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the applicable prices, including shipping and handling charges and all applicable taxes or other charges, if any.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery dates are estimates unless we expressly agree otherwise in writing. We are not responsible for delays caused by shipping carriers, freight carriers, customs processing, weather, transportation disruptions, governmental actions, or other circumstances outside our reasonable control.
Shipping charges, free-shipping qualifications, international shipping, freight arrangements, import and export costs, special handling, freight forwarders, certificates of origin, and bulk or wholesale freight arrangements are further addressed in our Shipping Policy.
Responsibility for loss or damage during shipment will be determined in accordance with the applicable shipping method, carrier terms, our Shipping Policy, applicable law, and any separately agreed shipping or Incoterm terms for bulk, wholesale, or commercial orders.
Where a customer elects to use a freight forwarder, special handler, reshipper, export consolidator, or similar third party, Berry Beautiful is not responsible for damage or loss occurring after that third party has received the shipment from Berry Beautiful or the original carrier, as further described in our Shipping Policy.
Nothing in this section limits any rights or remedies that cannot lawfully be limited under applicable consumer protection law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Berry Beautiful, its affiliates, or its licensors and are protected by United States and foreign copyright, trademark, patent, and other intellectual property laws.
These Terms permit you to use the Services for your lawful personal or internal business use only. Except as otherwise permitted by applicable law or expressly authorized by us in writing, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Berry Beautiful, Shopify, or any third party. Unauthorized use of the Services may violate federal, state, or other applicable intellectual property laws. All rights not expressly granted herein are reserved by Berry Beautiful.
Berry Beautiful's names, logos, product and service names, designs, and slogans are trademarks of Berry Beautiful or its affiliates or licensors. You must not use such trademarks without the prior written permission of Berry Beautiful. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.
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. To the fullest extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider or providers.
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.
To the fullest extent permitted by law, we are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Berry Beautiful is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Berry Beautiful.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Berry Beautiful, including any injury, damage, or loss resulting from products or services purchased from Berry Beautiful. To the fullest extent permitted by applicable law, you expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Berry Beautiful.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have had the opportunity to review these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other service providers or third parties, including parties located in countries other than the country where you reside, as necessary to provide the Services. Please review our Privacy Policy for more information about how Berry Beautiful, Shopify, and our service providers may collect, use, and process personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, comments, or other content relating to Berry Beautiful or the Services (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, translate, and display such Feedback in any medium for any lawful purpose, including commercial use.
We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback you submit; (ii) you have appropriately disclosed any compensation or incentives received in connection with your submission of Feedback where disclosure is required; and (iii) your Feedback complies with these Terms and applicable law.
We are and shall be under no obligation: (1) to maintain your Feedback in confidence unless otherwise agreed in writing; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, libelous, or obscene material or contain any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for Feedback you submit and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, offers, product shipping charges, transit times, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted an order, subject to applicable law.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulation, rule, law, or ordinance; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, or otherwise unlawfully harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of unauthorized advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or that, as determined by us, may harm Berry Beautiful, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services except as expressly permitted by us; (c) collect or track personal information of others unlawfully; (d) spam, phish, pharm, or pretext through the Services; (e) use robots, spiders, scraping tools, data gathering or extraction tools, automatic devices or processes, artificial intelligence tools, agentic AI systems, or automated or manual means to access or extract information from the Services in violation of these Terms; or (f) interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, CAPTCHAs, access controls, or other measures we employ to restrict access to or use of the Services.
We reserve the right to suspend, disable, restrict, or terminate access to the Services or an account if we determine that these Terms have been violated.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any of the Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can be executed on behalf of a person or through a person's device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in accordance with the requirements of Section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with the Services.
14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) in HTTP or HTTPS requests, identify that the request originates from an Agent and disclose the name of the Agent by including "Agent/[agent name]" in the request's user-agent string where technically applicable; (ii) not conceal or obscure that access, use, or interactions originate from an Agent, including by mimicking human behavior for the purpose of avoiding identification or by completing or circumventing CAPTCHAs or other measures intended to distinguish automated use from human use; (iii) respond truthfully to questions or prompts intended to determine whether interactions originate from a human or automated system; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate these Terms or your access to the Services, or any part thereof, in our discretion where permitted by applicable law, including if you violate these Terms. You will remain responsible for all amounts properly due up to and including the effective date of termination.
The following sections will continue to apply following termination to the extent applicable: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available primarily for general informational purposes. We do not warrant that all information will at all times be accurate, complete, or useful. Any reliance you place on information presented through the Services is at your own risk, subject to rights that cannot be excluded under applicable law.
EXCEPT AS EXPRESSLY STATED BY BERRY BEAUTIFUL OR REQUIRED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME STATES, COUNTRIES, OR JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES WARRANTIES, GUARANTEES, OR OTHER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BERRY BEAUTIFUL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS ALSO APPLY TO CLAIMS RELATING TO ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE ARISING FROM CONTENT OR PRODUCTS POSTED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Berry Beautiful, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys' fees payable to a third party due to or arising out of: (1) your material breach of these Terms of Service or documents incorporated into them by reference; (2) your violation of applicable law or the rights of a third party; or (3) your unlawful or unauthorized access to or use of the Services.
We will provide reasonable notice of an indemnifiable claim. Failure to promptly provide notice will not relieve you of your obligations except to the extent you are materially prejudiced by the delay. Where permitted by applicable law, we may control the defense and settlement of such a claim at your expense, including the selection of counsel, but we will not settle a claim requiring a material non-monetary obligation from you without your consent, which shall not be unreasonably withheld. You agree to reasonably cooperate in the defense of indemnified claims, including by providing relevant information and documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies, transaction documents, or operating rules posted by us through the Services or expressly incorporated into these Terms constitute the entire agreement and understanding between you and us concerning your use of the Services, except where a separate written agreement, quotation, specification, purchase order, invoice, wholesale agreement, distribution agreement, or other commercial agreement expressly governs a particular transaction.
These Terms supersede prior or contemporaneous agreements, communications, and proposals concerning use of the Services, whether oral or written, including prior versions of these Terms of Service, except for separate agreements that expressly remain applicable.
Any ambiguities in the interpretation of these Terms of Service shall not automatically be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise. Any attempted assignment in violation of this provision may be void.
We may transfer, assign, or delegate these Terms and our rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, change of control, or other lawful business transaction, subject to applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington and applicable federal laws of the United States, without regard to conflict-of-law principles, except to the extent that mandatory consumer protection laws or other laws applicable to you require otherwise.
To the extent permitted by applicable law, you and Berry Beautiful consent to the personal jurisdiction and venue of the appropriate state or federal courts located in King County, Washington, United States, for disputes arising out of or relating to these Terms or the Services.
If you are a consumer residing in a jurisdiction that provides mandatory consumer protections or a mandatory right to bring proceedings in your place of residence, nothing in this section is intended to deprive you of those rights.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our 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 review our website periodically for changes.
Where required by applicable law, we will provide notice of material changes to these Terms, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the effective date of changes to these Terms of Service constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at store@berrybeautiful.us.
Our contact information is:
Trade Name: Berry Beautiful
Email: store@berrybeautiful.us
Physical Address: Berry Beautiful, 9740 SW 281st St, Vashon, WA 98070, United States
Phone: 206-473-7947
Washington State UBI: 602 630 348
