Terms of service
Terms of Service
OVERVIEW
Welcome to ProperBrew. The terms “we”, “us” and “our” refer to ProperBrew. ProperBrew operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). ProperBrew is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read these Terms 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 and our Privacy Policy. If you do not agree, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services (including purchasing products), 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 is correct, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We make every effort to provide accurate descriptions and images of our products. However, colors, packaging, and product appearance may vary based on your device or display settings, and in some cases due to product updates or supply availability.
Coffee products. Coffee is an agricultural product and may naturally vary by harvest, origin, roast, and other factors. Tasting notes are descriptive only and do not guarantee a particular flavor experience.
Merchandise. If we offer merchandise (including made-to-order or print-on-demand items) product appearance and sizing may vary slightly. Please review sizing details and product descriptions carefully before purchasing.
All product descriptions and pricing 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 quantities offered 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. ProperBrew reserves the right to accept or decline any order for any reason at its discretion. Your order is not accepted until ProperBrew confirms acceptance, and we must receive and process your payment before the order is accepted.
Please review your order carefully before submitting. We may be unable to accommodate cancellation or changes once an order is accepted or processing has begun.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.
Your purchases are subject to return, replacement, or refund solely in accordance with our Return & Refund Policy.
You represent and warrant that purchases are for your own personal or household use, and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be shown in your order confirmation. Unless otherwise stated, posted prices do not include taxes or shipping.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your information (including email address and payment details) so we can complete transactions and contact you as needed.
SECTION 5 — SHIPPING AND DELIVERY
We currently ship within the United States only (unless otherwise stated at checkout).
Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, weather, or events outside our control.
Once we transfer products to the carrier, title and risk of loss pass to you to the fullest extent permitted by law.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by ProperBrew, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.
ProperBrew’s names, logos, product and service names, designs, and slogans are trademarks of ProperBrew or its affiliates or licensors. You must not use such marks without our prior written permission. Shopify’s name and related marks are trademarks of Shopify. All other marks are the property of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to tools offered by third parties. We do not monitor and have no control over such tools. You acknowledge and agree that we provide access “as is” and “as available” without warranties or endorsements, and we shall have no liability arising from your use of optional third-party tools.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of third-party materials, and you access them at your own risk. Complaints or questions regarding third-party products or services should be directed to the third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
ProperBrew is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with ProperBrew. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ProperBrew, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ProperBrew.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Please review our Privacy Policy for details.
SECTION 11 — FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“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 you own or have all necessary rights to your Feedback and that it complies with these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation, or respond.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, 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 information is inaccurate at any time without prior notice (including after an order has been submitted).
SECTION 13 — PROHIBITED USES
You may use the Services for lawful purposes only. You may not access or use the Services: (a) for unlawful or malicious purposes; (b) to violate laws or regulations; (c) to infringe intellectual property rights; (d) to harass, abuse, or harm others; (e) to transmit false or misleading information; (f) to send spam or unsolicited promotions; (g) to impersonate others; (h) to upload malware; (i) to scrape, crawl, or interfere with the security features of the Services; or (j) to engage in conduct that restricts or inhibits anyone’s use of the Services.
We reserve the right to suspend or terminate your access if you violate these Terms.
SECTION 14 — TERMINATION
We may terminate your access to the Services at any time without notice. You will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will survive.
SECTION 15 — DISCLAIMER OF WARRANTIES
The Services and all products offered through the Services are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement, to the fullest extent permitted by law. Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above may not apply to you.
SECTION 16 — LIMITATION OF LIABILITY
To the fullest extent permitted by law, ProperBrew (and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates) shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any products procured using the Services.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ProperBrew, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your violation of any law or third-party rights, or your use of the Services.
SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision shall not constitute a waiver. These Terms and any policies posted by us constitute the entire agreement between you and ProperBrew and supersede prior agreements or communications.
SECTION 20 — ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
SECTION 21 — GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where ProperBrew is headquartered, without regard to conflict of law principles. You consent to venue and personal jurisdiction in the applicable courts.
SECTION 22 — HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 — CHANGES TO TERMS
We may update these Terms from time to time by posting changes on our website. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
SECTION 24 — CONTACT INFORMATION
Questions about these Terms should be sent to: hello@properbrew.shop