terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this Website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Website following the posting of changes to these terms will mean you accept those changes.

“The Berrics”, “Canteen”, “we” denotes The Berrics LLC, The Berrics Company LLC, our Website and/or services, as is appropriate based on the context. “You” and “your” refers to you, the individual being presented these Terms.

INFORMATION SUPPLIED

When placing an order on our Website, you will be required to provide personal information such as your name, email, mailing address, payment information, telephone number

You must be age 18 or above when submitting your information to us, or the minimum age of contractual capacity imposed at your jurisdiction if higher than age 18. In placing an order with us, it indicates you are not considered as under any disability or incapability to enter under these Terms, whether due to an embargo in or against your jurisdiction or any other reason.

IMAGE TERMS OF USE

If we receive any notice that an image is published inappropriately that are not in line with any Terms, we reserve the right to remove that image.

If you think we have published an image or text that violates your copyright, we will address your concern. Notwithstanding, if we believe our image use is legitimate, including being authorized to use by vendors, we will not remove it from our Website.

CONTESTS AND PRIZING

Only one entry per person per Competition is allowed (except where the Competition Notice states that more than one entry can be submitted) and any entrant who enters more than the permitted maximum will be disqualified. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry. In all matters of Prize winners, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner. Prizes are award at the discretion of The Berrics are non–transferable and there is no cash alternative. The Berrics reserves the right to substitute prizes of equal or greater value at any time. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.

In consideration for your participation in a contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge The Berrics and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in such contest.

This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and known to exist. Provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.

It is further understood and agreed that said participation in a contest is not to be construed as an admission of any liability and acceptance of assumption of responsibility by The Berrics or any of our officers, board and employees, jointly and severally, for all damages and expenses for which we or our officers, board and employees, become liable as a result of any alleged act of the contest participant.

We reserve the right to offer an alternative prize if any prize is not available or under special situation.

GENERAL RULES OF CONDUCT

As a part of using the Website, you must not:

We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.

THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES AND USER-POSTED LINKS

The Berrics may include hyperlinks to third-party websites, advertisers or services that are not owned or controlled by us, as well as third-party hyperlinks posted by users on our Berrics forum, its private messaging service, or in our blog comments section. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services. If you access a third-party website from our website, you do so at your own risk and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You acknowledge that we have no liability arising from your use of any third-party website or services or third-party content, or from your posting of any third-party links. We encourage you to review the terms of use and privacy policy of any third-party website or service that you visit.

STORE
ORDER AND PAYMENT

You may pay for our services using via the channels offered such as Paypal. When providing credit card information, the credit card must be your own. If the credit card does not belong to you, you must have permission from the accountholder to use their card for your transactions.

We do not accept personal checks, money orders or direct bank transfers. Please note, items will not be shipped until the transaction has been cleared.

Any use of fraudulent chargebacks simply to get free merchandise is not only strictly prohibited, but also criminal fraud, and will be dealt with by reporting such chargebacks to your local police department and a credit bureau, as well as referring the matter to a court of competent jurisdiction.

By confirming and placing your order on canteen.com, you confirm that all information, wordings and contents have been verified by you which do not include any offensive or illegal details (including Order Notes and Gift Messaging), and does not in any way represent The Canteen and The Berrics. If we view any information or wordings submitted by you during checkout as offensive, illegal or improper, we have the right to omit those information/words, which we may do so at our sole discretion without further notice.

ORDER CONFIRMATION

An email confirmation will be sent once payment has been received. Once the order has been confirmed, the item(s) will be processed, packed and shipped out and as such, it will not be possible to cancel your order. In the event that you opt to cancel the order after delivery, you agree that the associated delivery charges will be deducted from your payment before making any refund by us.

ORDER MODIFICATIONS

Please contact us as soon as possible if you need to modify or cancel your order. Modifications and cancellations can only be made before the order has been packed. We will not accept any modification or cancellation requests after the order has been packed or shipped.

SHIPPING CONFIRMATION

Once your order has been dispatched, shipping confirmation email will be sent. Please keep this email as a reference as it will also include your order tracking number, carrier and instructions on how to track your package.

DELIVERY

Please refer to our 'FAQ' page.

RETURNS & EXCHANGES

Please refer to our 'Returns' page.

PRICE CHANGES & STOCK AVAILABILITY

Prices are subject to change without prior notice.

While we endeavor to provide you with the most accurate and up-to-date information, occasionally ordered items may not be available as listed.

In the case that part of your order is unavailable or out of stock, the item(s) will be cancelled from the order with notification and where applicable, a refund shall be applied for the cost of the regarding item(s).

The Canteen ensures that all our product descriptions and prices are up-to-date and as accurate as possible. However, in few cases, pricing errors may occur with our listings. Should we discover a pricing error while processing your order and payment, we will immediately rectify the problem before cancelling and refunding you for your order. We will also make sure to inform you about the error with your order as soon as possible.

Exchange Rate: If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

PROMOTIONAL & STORE CREDIT CODES

Where a promotional code is required for an offer or discounted price, the code should be entered during the checkout process.

Customers should take care when entering codes, checking that the offer/credit has been applied. Should you find that the code is unapplicable or invalid, please refer to the specific conditions for the code as the promotion may have already expired. Should you have difficulty in applying store credit to your order, please contact us via email at canteen@theberrics.com

DISCOUNTS, SALES & PROMOTIONS

From time to time, Canteen may offer discounts and/or promotions. Discount, sales and/or promotional offers and prices are only applicable when checking out whilst the offer is still valid. Time restrictions will be stated where applicable. Please note that certain brands are excluded from all sales and promotions and certain restrictions apply. We reserves the right to amend, extend or terminate these offers at an earlier date without prior notice.

LEGAL
COPYRIGHT

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, including text, graphics, illustrations, logos, button icons, images, audio, video and music, and the selection and layout of such content, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating product information reviews and forum content made available on our website.

TRADEMARKS

Berrics® is the registered trademark of The Berrics Company LLC (“Registered Trademarks”). Nothing in the Terms should be construed as granting any license or right to use the Registered Trademarks. Any unauthorized use is strictly prohibited. The Berrics will strictly enforce its rights in and to the Registered Trademarks to the fullest extent permitted by law, including prosecution.

INTELLECTUAL PROPERTY

All content included on this Website, such as video, photos, text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement, and assembly) is the exclusive property of The Berrics or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. The Berrics enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact admin@theberrics.com.

COPYRIGHT INFRINGEMENT CLAIMS

If you are a copyright owner or agent thereof and believe that any of the content on the Website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), to our copyright agent (the “Copyright Agent”) with the following information:

For notice of claims of infringement on our Website, you may contact: admin@theberrics.com

This contact information is only for suspected copyright infringement. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

REVOCATION OF CONSENT

Notwithstanding The Berrics’ consent for your use of our protected materials pursuant to the above “Copyright” and “Trademark” provisions (where provided), we hold sole and absolute discretion to revoke that consent at any time without notice. In doing so, we may require you to immediately take actions in removing all such materials from circulation, display, publication or other dissemination, including any marks, copyrighted content or other materials that we may previously consented you to use.

APPLICABLE LAWS

These terms shall be governed by and construed in accordance with the laws of the state of California, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The Berrics failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.

INDEMNIFICATION

As a condition of use of this Website, you agree to indemnify, defend, and hold harmless The Berrics, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your use of this Website including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

WARRANTY DISCLAIMER

This Website and the materials and products on this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, The Berrics disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Berrics does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. The Berrics does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability, or otherwise. You (and not The Berrics) assume the entire cost of all necessary servicing, repair, or correction associated with the use of this Website. Some states do not permit limitations or exclusions of implied warranties so the above limitations may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY THE LAW: IN NO EVENT SHALL THE BERRICS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT PERMIT LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE BERRICS TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, NELIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU.

MODIFICATIONS OF TERMS & CONDITIONS

We may, in our sole discretion, modify or revise these Terms & Conditions at any time. Once changes are posted, these changes become effective immediately and if you use the website after they become effective, it will signify your agreement to be bound by such modifications or revisions. These Terms & Conditions cannot be changed or terminated orally. You should check back regularly and review the terms and conditions of this agreement so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. The bottom of this Terms & Conditions page will explicitly state the “Last Updated Date”, which should indicate to you the Terms & Conditions that are currently in effect.

TYPOGRAPHICAL ERRORS

In the event that a product sold is mistakenly listed at an incorrect price, The Berrics reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Berrics shall issue a credit to your credit card account.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.

CONTACT INFORMATION

If you have any questions, concerns or notices of violations to these terms and conditions, you may contact admin@theberrics.com.

Last update: 16 Aug 2021