Welcome to Berfow! The terms “we,” “us,” and “our” refer to Berfow. Berfow operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Berfow is powered by Shopify so that we can provide the Services to you.
The following terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, then access to and use of our Services is not permitted.
By agreeing to these Terms of Service, you represent that you are of legal age in the state or province of your residence and that you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or manage.
To use the Services, including visiting or browsing our stores or purchasing products or services we offer, we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.
We strive to provide as accurate a description of our products and services as possible in our stores. However, please note that the colors and appearance of the product may differ from how they appear on your screen. This depends on the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our store.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.
When you place an order, you are making an offer to purchase. Berfow reserves the right to accept or decline your order at its sole discretion for any reason. Your order is accepted only once Berfow confirms it. We must have received and processed your payment before your order can be accepted.
Please review your order carefully before submitting it. Berfow may not be able to honor a request to cancel after your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number you provided during checkout.
You may return or exchange purchases only in accordance with our refund policy [LINK].
You represent and warrant that your purchases are intended for personal use or household use and not for commercial resale or export.
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time you place your order and is listed in the confirmation email you receive. Unless expressly stated otherwise, listed prices exclude taxes, shipping charges, handling fees, customs duties, and import fees.
Prices displayed in our stores may differ from prices in physical stores or stores or marketplaces operated by third parties. We may offer promotions for the Services that may affect pricing and that are governed by separate terms from these Terms. In the event of a discrepancy between promotional terms and these Terms, the promotional terms prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the card issuer; and (iv) you will pay the charges incurred at the posted prices, including shipping fees, handling fees, and all applicable taxes, if any.
We are not liable for delays in shipping or delivery. All delivery timelines provided are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we deliver the products to the carrier, ownership and risk of loss transfer to you.
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, audio and video, and the design, selection, and arrangement thereof, are owned by Berfow, its affiliates, or licensors and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Berfow, Shopify, or any third party.
Unauthorized use of the Services may violate federal or national intellectual property laws. All rights not expressly granted herein are reserved by Berfow.
The names, logos, product names, service names, design elements, and slogans of Berfow are trademarks of Berfow or its affiliates or licensors. You may not use such trademarks without prior written permission from Berfow. Shopify’s names, logos, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.
You may gain access to customer tools offered by third parties as part of the Services. We do not monitor or control these tools and have no influence over them.
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 endorsement. We are not liable for any damage arising from or related to your use of optional third-party tools.
You use optional tools offered through the site entirely at your own risk and discretion. You must ensure that you understand and agree to the terms on which such tools are provided by the relevant third-party provider(s).
We may also offer new features through the Services in the future (including releasing new tools and resources). Such new features are likewise subject to these Terms of Service.
The Services may include materials and hyperlinks to websites offered or operated by third parties (including embedded third-party functionality). We are not responsible for investigating or evaluating the content or accuracy of materials or websites provided by third parties. If you choose to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not liable for damages or adverse consequences related to your visit to third-party websites or your purchase or use of products, services, resources, or content found on third-party websites. Review the policies and practices of third parties carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the third party.
[NOTE FOR MERCHANTS: This section accurately describes Shopify’s relationship with your store and must not be removed or altered.]
Berfow uses Shopify to power the Services. However, all sales and purchases you make in our store are handled directly with Berfow. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Berfow, including injury, damage, or loss arising from products and services you purchase. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or relating to your purchases and transactions with Berfow.
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit to the Services is forwarded to and shared with Shopify, as well as third parties that may be located in countries other than your own, so they can provide services to you. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.
We are not obligated now or in the future to (1) maintain your Feedback in confidence; (2) compensate you for your Feedback; or (3) respond to your Feedback.
We may monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of intellectual property rights or these Terms, but we are not obligated to do so.
You agree that your Feedback does not infringe the rights of third parties, including copyrights, trademarks, privacy rights, publicity rights, and other personal or proprietary rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene material, nor any computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for the accuracy of any Feedback you provide. We are not responsible and accept no liability for any Feedback posted by you or any third party.
Occasionally, information provided in or related to the Services may contain typographical errors, inaccuracies, or omissions. This may relate to product descriptions, pricing, promotions, offers, 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 related information is inaccurate at any time without prior notice (including after you have placed an order).
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for unlawful or harmful activities; (b) to violate international, national, federal, state, provincial, or local laws or regulations; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, demean, or intimidate our employees or others; (e) to submit false or misleading information; (f) to knowingly upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use of the Services or that, as we determine, may harm Berfow, Shopify, or users of the Services or expose them to liability.
You also agree not to (a) upload or transmit viruses or other harmful code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) disrupt or circumvent the security features of the Services, related websites, other websites, or the internet.
We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine that you have violated these Terms.
We may terminate this agreement or your access to the Services (or any part thereof) at any time at our sole discretion and without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions which by their nature should survive termination.
ARTIKEL 15 - DISCLAIMER OF WARRANTIES
The information provided about or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other visitors to the Services, or anyone who may be informed of its contents. UNLESS EXPRESSLY STATED BY Berfow, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OR LIMITATION OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.
ARTIKEL 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Berfow, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, 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 SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTIKEL 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Berfow, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any costs relating to losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party arising out of or resulting from (1) your breach of these Terms of Service or any documents referenced herein; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services. We will notify you in the event of a claim that triggers indemnification, provided that failure to provide timely notice does not relieve you of your obligations unless you are materially prejudiced by such failure. We may conduct the defense and settlement of such a claim at your expense, including hiring a lawyer, but we will not settle claims that impose non-monetary obligations on you without your consent (which you may not unreasonably withhold). You must cooperate with the defense of claims subject to indemnification, including providing relevant documents.
ARTIKEL 18 - SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent allowed by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.
ARTIKEL 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under 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 relation to the Service constitute the entire agreement and understanding between you and us, governing your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, earlier versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTIKEL 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
ARTIKEL 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with our Services are governed by and interpreted in accordance with the federal and state-specific or provincial courts in the jurisdiction where Berfow has its headquarters. You and Berfow agree to the jurisdiction and personal authority of the relevant courts.
ARTIKEL 22 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
ARTIKEL 23 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service. Updates or changes will be posted on our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes become effective on the date indicated in the notice. If you continue to access or use the Services after changes to these Terms of Service have been made, you are deemed to accept those changes.
ARTIKEL 24 - CONTACT INFORMATION
Questions about the Terms of Service should be directed to us at berfowstore@gmail.com. Our contact details are listed below:
[INSERT TRADE NAME]
berfowstore@gmail.com