Terms of Service

Welcome to the Yellowberry, LLC (“Yellowberry”) website, which includes YellowberryCompany.com (the "Site"). These Terms of Service (these “Terms") govern your use of the Site and our online store accessible via the Site. The Site and our services are collectively called the “Services.”

Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.

CHANGES TO THE TERMS OR SERVICES

We reserve the right to update or modify these Terms at any time in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

WHO MAY USE THE SERVICES

You may use the Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you are 18 years or older.

Registration and Your Information

Account. If you want to use certain features of the Services, including purchasing products online, you’ll have to create an account (“Account”) via the Site and provide your name and email address. Creation of your Account on the Site will enable you to use the features available on the Site.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Subscription. You’ll be able to subscribe to our mailing list to receive emails and updates from the Services by providing us with your email address.

HOW THE SERVICES WORK

We make available an online platform that allows you to purchase products, mainly clothes and accessories (“Products”). Through the Services you will be able to browse our Products and place orders.

Order Confirmation

We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.

Shipment Confirmation and Delivery

All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.

All Pre Orders will be charged for at the time of check out and products will be shipped as soon as they are available. You will receive an email confirmation as soon as your Pre Order is shipped. Estimated shipping dates for Pre Orders are not guaranteed and could change without prior notice.

Prices

The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.

Payment

By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.

Cancellation, Return and Exchange Policies

Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges are non-refundable.

Product Information

Most Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service Team at INFO@YELLOWBERRYCOMPANY.COM.

Errors, Inaccuracies and Omissions

We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.

Cancellation of Orders

We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity, or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

Content

Our Services may allow you to create, post, store and share content, including messages, text, photos, videos and other materials. Except for the license you grant to Yellowberry LLC below, you retain all rights in and to your User Content, as between you and Yellowberry LLC. 

Yellowberry LLC is granted a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully- paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username and date of Product review) will be visible to the public. You may not to create, post, store or share any Yellowberry LLC Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. 

Prohibited Conduct and Content 

You will not violate any applicable laws, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our Services. You will not: 

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct; 
• Use or attempt to use another user’s account without authorization from that user and Yellowberry LLC; 
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; 
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; 
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; 
• Develop or use any applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; 
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose.

You may not create, post, store or share any content referenced in our Terms of Service and below.

• Is unlawful, defamatory, indecent, suggestive, harassing, and/or invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; 
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; 
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; 
• Impersonates, or misrepresents your affiliation with, any person or entity associated with Yellowberry LLC; 
• Share private or personal information of a third party without such third party’s consent; 
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
• Any according to our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Yellowberry LLC or others to any harm or liability.

Copyright and Trademark 

All Yellowberry LLC, (Yellowberry) text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, websites and other content contained therein now referred to collectively as Yellowberry LLC (Yellowberry) content are owned by Yellowberry LLC and are protected under United States laws.  Yellowberry LLC does not grant or include any right for any entity or person to sell, resell or commercially use our services or Yellowberry LLC content and services included but not limited to copy, reproduce, distribute, modify, remove any proprietary rights notices or markings, use data mining, robots for any purpose or publicly display Yellowberry LLC content, except as expressly permitted by Yellowberry LLC. Any use of our products, services or Yellowberry LLC content other than as specifically authorized by Yellowberry LLC with our prior written permission and consent, is strictly prohibited.

If you have any questions about these Terms or the Services, please contact us at info@yellowberrycompany.com