Terms of Service

Overview

Welcome to Powerberry! The terms “we”, “us” and “our” refer to Powerberry. We operate this store and website to provide you with a curated shopping experience (the “Services”), powered by Shopify.

These Terms of Service (“Terms”) describe your rights and responsibilities when using the Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Section 1 – Access and Account

You must be at least the age of majority in your jurisdiction to use the Services. You agree to provide accurate and complete information and are responsible for maintaining the security of your account credentials.

Section 2 – Our Products

We strive to represent our products accurately, but colors and appearance may vary by device. We do not guarantee that products will meet expectations. Descriptions and availability may change without notice.

Section 3 – Orders

Orders are offers to purchase and are subject to acceptance. We reserve the right to decline or cancel orders. Your purchases are governed by our Refund Policy.

Section 4 – Prices and Billing

Prices and promotions may change without notice. You agree to provide accurate payment details and authorize charges for purchases, including applicable taxes and shipping.

Section 5 – Shipping and Delivery

Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers or external factors. Risk of loss transfers to you upon shipment.

Section 6 – Intellectual Property

All content and trademarks on the Services are owned by Powerberry or its licensors and protected by law. You may not reproduce or use any materials without written permission.

Section 7 – Optional Tools

Third-party tools may be provided “as is” without warranties. Use of such tools is at your own risk and subject to the third party’s terms.

Section 8 – Third-Party Links

We are not responsible for third-party websites or content. Use them at your own risk and review their policies before engaging in transactions.

Section 9 – Relationship with Shopify

Powerberry is powered by Shopify, but all purchases are made directly with Powerberry. Shopify is not responsible for any aspect of your transactions with us. You release Shopify from all related claims and liabilities.

Section 10 – Privacy Policy

All personal information collected through the Services is subject to our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read and understood these policies.

Shopify may collect and process personal data to operate and improve the Services. Your information may be transmitted to third parties in other countries to fulfill service obligations.

Section 11 – Feedback

By submitting any ideas, reviews, or suggestions (“Feedback”), you grant us a royalty-free, perpetual license to use and display such content for any purpose. You confirm you have rights to the Feedback and that it complies with these Terms.

We may monitor or remove Feedback at our discretion. You agree not to submit unlawful, abusive, or misleading content and are solely responsible for its accuracy.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally, the Services may contain errors or omissions related to product details, pricing, or availability. We reserve the right to correct such issues and cancel orders if necessary, without prior notice.

Section 13 – Prohibited Uses

You agree to use the Services lawfully and refrain from activities such as impersonation, harassment, spreading malware, or violating intellectual property rights. We may suspend or terminate your account for violations without notice.

Section 14 – Termination

We may terminate your access to the Services at any time. Sections such as Intellectual Property, Feedback, and Limitation of Liability will survive termination.

Section 15 – Disclaimer of Warranties

The Services and products are provided “as is” without warranties of any kind. We do not guarantee uninterrupted or error-free access. Your use of the Services is at your own risk.

Section 16 – Limitation of Liability

To the fullest extent permitted by law, Powerberry and its affiliates shall not be liable for any damages arising from your use of the Services or products, including indirect or consequential losses.

Section 17 – Indemnification

You agree to indemnify and hold harmless Powerberry, Shopify, and their affiliates from any claims or liabilities arising from your breach of these Terms, violation of law, or use of the Services. We may control the defense of such claims and you agree to cooperate fully.

Section 18 – Severability

If any provision of these Terms is found to be unenforceable, the remainder will remain valid and enforceable to the fullest extent permitted by law.

Section 19 – Waiver; Entire Agreement

Our failure to enforce any provision does not waive our rights. These Terms, along with posted policies, represent the entire agreement between you and Powerberry, superseding prior communications.

Section 20 – Assignment

You may not assign your rights under these Terms without our consent. We may assign or delegate our rights and obligations without notice.

Section 21 – Governing Law

These Terms are governed by the laws and courts of the jurisdiction where Powerberry is headquartered. You consent to venue and personal jurisdiction in those courts.

Section 22 – Headings

Headings are for convenience only and do not affect the interpretation of these Terms.

Section 23 – Changes to Terms of Service

We may update these Terms at any time by posting changes to our website. Material changes will be communicated as required by law. Continued use of the Services constitutes acceptance of the updated Terms.

Section 24 – Contact Information

Questions about these Terms should be directed to support@powerberryharvest.com.