Terms of Service

OVERVIEW

Welcome to Freshcruz! The terms “we”, “us” and “our” refer to Freshcruz. Freshcruz operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Freshcruz is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service 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 of Service and our Privacy Policy (available on our website). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to device type and settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly as depicted in our store.

All product descriptions may change at any time without notice. We may discontinue or limit any product at any time.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Freshcruz reserves the right to accept or decline your order at its discretion. Your order is not accepted until Freshcruz confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Freshcruz may be unable to accommodate cancellation requests after an order is accepted.

Your purchases are subject to return or exchange only in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time of your order.

Unless otherwise stated, prices do not include taxes, shipping, or import charges.

You agree to provide accurate, current, and complete purchase and account information so we can complete your transactions.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or other circumstances outside our control. Risk of loss passes to you once your order is transferred to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

All trademarks, text, images, displays, graphics, and other content on the Services are owned by Freshcruz or our licensors and protected by law.

You may use the Services for personal, non-commercial purposes only. Unauthorized use is prohibited.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools offered by third parties. These tools are provided “as is” and without warranties. Your use is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites. Freshcruz is not responsible for examining, evaluating, or endorsing third-party content or policies.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Freshcruz is powered by Shopify. All purchases you make are between you and Freshcruz. You expressly release Shopify from all claims arising from your transactions with Freshcruz.

SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy and Shopify’s Privacy Policy. Your information may be transmitted to and processed by Shopify and third parties in other countries.

SECTION 11 - FEEDBACK

If you submit feedback or suggestions, you grant Freshcruz a worldwide, perpetual, royalty-free license to use and display such feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any errors or inaccuracies at any time without notice.

SECTION 13 - PROHIBITED USES

You may only use the Services for lawful purposes. Prohibited activities include transmitting malware, violating laws, infringing rights, or interfering with the functionality of the Services.

SECTION 14 - TERMINATION

We may terminate your access to the Services at any time. Certain sections will survive termination, including Intellectual Property, Disclaimer, Limitation of Liability, and Governing Law.

SECTION 15 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY FRESHCRUZ, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, FRESHCRUZ AND SHOPIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Freshcruz, Shopify, and all related parties from any claim arising from your breach of these Terms or misuse of the Services.

SECTION 18 - SEVERABILITY

If any provision of these Terms is deemed unenforceable, the remainder will remain valid and enforceable.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

These Terms are the entire agreement between you and Freshcruz. Failure to enforce any provision is not a waiver of that provision.

SECTION 20 - ASSIGNMENT

You may not assign your rights under these Terms. Freshcruz may assign its rights at any time without notice.

SECTION 21 - GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where Freshcruz is headquartered, without regard to conflict of law principles.

SECTION 22 - HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We may update these Terms at any time. Continued use of the Services after changes constitutes acceptance.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us using the Contact option on the Freshcruz website.