Terms of Service
Last Updated: January 1, 2025
Welcome to BREWCART. These Terms of Service (the “Terms”) govern your access to and use of the BREWCART website, mobile application, and any related services, products, or content (collectively, the “Service”) operated by BREWCART (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.
BREWCART is a brand dedicated to providing premium coffee brewing equipment and accessories. These Terms apply to all visitors, customers, and users of the Service.
1. Acceptance of Terms
By creating an account, placing an order, or otherwise interacting with the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional policies referenced herein. We reserve the right to update or modify these Terms at any time without prior notice. Continued use of the Service after any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
2. Eligibility
You must be at least 18 years of age to use the Service or make a purchase. By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement and that all information you provide is accurate and complete. If you are using the Service on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
3. Account Registration
To access certain features, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account information.
4. Orders and Payment
All orders placed through the Service are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to pricing errors, stock limitations, or suspected fraud. Prices are listed in U.S. dollars and exclude applicable taxes and shipping fees unless otherwise stated. Payment must be made at the time of purchase via the available payment methods. You authorize us to charge the provided payment method for the total amount of your order, including any taxes and shipping.
5. Shipping, Returns, and Refunds
Shipping timelines and costs are provided at checkout and may vary based on destination and product availability. Risk of loss passes to you upon delivery. You may return eligible items within 30 days of delivery, subject to our Return Policy. Refunds will be issued to the original payment method once we receive and inspect the returned product. Products must be unused and in original packaging. Custom or personalized items may not be returnable. We reserve the right to deduct a restocking fee where applicable.
6. Intellectual Property
All content on the Service, including text, graphics, logos, images, videos, software, and product designs, is the property of BREWCART or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our express written permission. The BREWCART name and logo are trademarks of BREWCART.
7. Prohibited Conduct
You agree not to use the Service for any unlawful purpose or in violation of these Terms. Prohibited activities include, but are not limited to: interfering with the Service’s operation, attempting to access unauthorized areas, transmitting viruses or harmful code, scraping or harvesting data, impersonating any person or entity, and engaging in any fraudulent activity. We reserve the right to terminate your access for any violation.
8. Limitation of Liability
To the fullest extent permitted by law, BREWCART and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including lost profits, data loss, or business interruption, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless BREWCART, its directors, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.
10. Third-Party Links
The Service may contain links to third-party websites or services that are not owned or controlled by BREWCART. We are not responsible for the content, privacy practices, or terms of any third-party sites. Your use of such sites is at your own risk.
11. Termination
We may suspend or terminate your access to the Service at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination, including Sections 6 (Intellectual Property), 8 (Limitation of Liability), and 9 (Indemnification), shall survive.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New York County, New York. You consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.
13. Contact Information
If you have any questions, concerns, or requests regarding these Terms, please contact us:
BREWCART
350 Fifth Avenue, Suite 201
New York, NY 10118
Email: [email protected]
We will strive to respond to your inquiry within a reasonable timeframe.
14. Miscellaneous
These Terms constitute the entire agreement between you and BREWCART regarding the Service and supersede any prior agreements. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be severed, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent; we may assign these Terms freely.
Thank you for choosing BREWCART. Enjoy your brewing experience.