Terms of service
Welcome to Erdberry! The terms "we," "us" and "our" refer to Erdberry, a trading name of Simone Farley. Erdberry 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"). Erdberry is powered by Shopify, which enables us to provide the Services to you. We sell to customers in the United Kingdom only.
These Terms of Service ("Terms"), together with the policies referred to in them, set out your rights and responsibilities when you use the Services and buy from us. Please read them carefully. By using the Services or placing an order, you agree to these Terms and acknowledge our Privacy Policy.
Nothing in these Terms affects your statutory rights as a consumer, including your rights under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013. If anything in these Terms conflicts with those rights, your statutory rights will apply.
SECTION 1 – ACCESS AND ACCOUNT
To place an order, you must be at least 18 years old. You may allow children in your care to browse the Services on devices you own or manage, under your supervision.
When you place an order or create an account, we'll ask for information such as your name, email address, billing and delivery addresses, and payment details. Please make sure the information you provide is accurate, complete and up to date.
If you create an account, you're responsible for keeping your login details secure and for activity on your account. Please don't share your account with anyone else. If you think your account has been used without your permission, let us know at contact@erdberry.com.
SECTION 2 – OUR PRODUCTS
We take great care to describe and photograph our products accurately. However, colours and appearance may vary slightly depending on your screen and device settings. As many of our products are handmade, small natural variations in colour, shape and pattern are part of their character and are not faults.
All products are supplied in line with your statutory rights. This means they must be of satisfactory quality, fit for purpose and as described.
We may update product descriptions, discontinue products or limit quantities at any time. This won't affect orders we've already accepted.
SECTION 3 – ORDERS
When you place an order, you're making an offer to buy. We'll email you to confirm we've received it. Your order is accepted, and a contract formed between us, when we email you to confirm it has been dispatched.
We may decline an order before acceptance, for example if a product is out of stock, there's an obvious pricing error, or we can't verify your payment. If we decline your order, we'll let you know and refund any payment in full.
You have the right to cancel your order within 14 days of receiving it, subject to certain exceptions. Full details of your cancellation, return and refund rights are set out in our Orders & Returns Policy.
Our products are sold for personal and household use, not for commercial resale.
SECTION 4 – PRICES AND PAYMENT
All prices are shown in pounds sterling (£). We are not VAT registered, so no VAT is charged.
Delivery charges are shown separately and confirmed before you complete your purchase. The price you pay is the price shown when you place your order, as set out in your order confirmation.
Prices and promotions may change from time to time, but changes won't affect orders already placed. Any promotion may have its own terms, which will be made clear at the time. If they conflict with these Terms, the promotion terms will apply to that promotion.
By placing an order, you confirm that you're authorised to use the payment method you provide. Payments are processed securely by Shopify Payments or PayPal.
SECTION 5 – DELIVERY
We deliver to addresses in the United Kingdom only. Estimated delivery times are shown at checkout and in our Shipping Policy.
Unless we agree otherwise, we'll deliver your order within 30 days of accepting it.
Your order is our responsibility until it's delivered to you or to someone you've nominated. If your order is lost or damaged in transit, please contact us at contact@erdberry.com and we'll put things right.
If there's a delay caused by events outside our control, such as severe weather or strikes, we'll let you know as soon as possible and do what we can to minimise the delay. If the delay is significant, you may cancel and receive a full refund.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including our name, logo, text, images, product designs, graphics and videos, belongs to Erdberry or our licensors and is protected by UK intellectual property law.
You're welcome to view and use the Services for personal, non-commercial purposes. You must not copy, reproduce, distribute, modify or use our content for commercial purposes without our written permission.
Shopify's name, logo and related marks belong to Shopify. All other trademarks on the Services belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may give you access to tools provided by third parties as part of the Services. These tools are provided by their respective providers under their own terms, and we don't control them. Please make sure you're happy with a provider's terms before using their tools.
We may add new features or tools to the Services in the future. These will also be covered by these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to websites or content provided by third parties. We don't control these sites and aren't responsible for their content, products or services. If you choose to visit them, please review their terms and privacy policies. Any questions or complaints about third-party products or services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Erdberry is powered by Shopify, but any purchase you make in our store is a contract directly between you and Erdberry. Shopify is not a party to that contract and is not responsible for the products we sell. This doesn't affect any rights you have against Erdberry.
SECTION 10 – PRIVACY POLICY
We collect and use your personal information in line with our Privacy Policy. Because the Services are hosted by Shopify, Shopify also processes certain personal information, as described in our Privacy Policy and in Shopify's privacy policy at https://privacy.shopify.com/en.
SECTION 11 – REVIEWS AND FEEDBACK
We love hearing from our customers. If you send us or post reviews, ideas, suggestions or other feedback ("Feedback"), you give us a free, non-exclusive, perpetual, worldwide licence to use, reproduce, publish and display it in any medium, including in our marketing. We may display your first name and initial alongside your review.
Please make sure your Feedback is genuine, based on your own experience, and doesn't include anything unlawful, offensive, defamatory or infringing on anyone else's rights. If you've received anything in return for a review, such as a free product or discount, please say so in the review.
We publish genuine reviews, whether positive or negative. We may remove reviews that we reasonably believe are fake, unlawful, offensive, unrelated to our products, or that contain personal information.
SECTION 12 – ERRORS AND INACCURACIES
Occasionally, information on the Services may contain errors, for example in product descriptions, prices or availability. We'll correct errors as soon as we become aware of them.
If there's an obvious error in the price of a product you've ordered, we'll contact you before accepting your order to let you know the correct price, and you can choose whether to continue. If we've already accepted your order and the error was obvious and unmistakable, we may cancel it and refund you in full.
SECTION 13 – PROHIBITED USES
You may use the Services for lawful purposes only. You must not:
- use the Services for any unlawful, fraudulent or malicious purpose.
- infringe our intellectual property rights or anyone else's.
- harass, abuse, threaten or harm our team or any other person.
- submit false or misleading information, or impersonate anyone else.
- send spam or unsolicited marketing through the Services.
- upload viruses or other malicious code.
- use robots, scrapers or other automated tools to copy or extract content from the Services without our permission.
- interfere with or bypass the security features of the Services.
- collect or track other people's personal information.
If we reasonably believe you've broken these rules, we may suspend or close your account. This won't affect orders already accepted or your statutory rights.
SECTION 14 – AGENTS
14.1 This section applies if you use or deploy an "Agent" to access or interact with the Services. An Agent is any software or service, including AI tools, that acts autonomously or semi-autonomously on behalf of a person without direct supervision.
14.2 An Agent may only access the Services if it identifies itself and follows the requirements in section 14.4, and it must stop if we ask it to.
14.3 We may limit how Agents access or use the Services, including by technical measures.
14.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not conceal that they are Agents, for example by mimicking human behaviour or bypassing CAPTCHAs; (iii) answer truthfully if asked whether they are human or automated; and (iv) not get around any measures we use to control Agent access.
SECTION 15 – TERMINATION
We may suspend or end your access to the Services if you seriously or repeatedly break these Terms. You can stop using the Services or close your account at any time by emailing contact@erdberry.com.
Ending access won't affect any orders already accepted, any amounts already due, or your statutory rights. Sections that by their nature should continue to apply, including Intellectual Property, Reviews and Feedback, Our Liability to You, and Governing Law, will continue after termination.
SECTION 16 – INFORMATION ON THE SERVICES
The general information on the Services, such as blog posts, is provided for general interest only and isn't professional advice. We aim to keep the Services available and running smoothly but can't guarantee they'll always be uninterrupted or error-free.
Please read product labels, ingredient lists and usage instructions carefully before use. Our products are for external use only. If you have sensitive skin or known allergies, please check the ingredients and consider a patch test before use. Discontinue use if irritation occurs.
This section doesn't affect your statutory rights regarding the products you buy.
SECTION 17 – OUR LIABILITY TO YOU
If we fail to comply with these Terms, we're responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill. Loss or damage is foreseeable if it's obvious it would happen, or if both of us knew it might happen when the contract was made.
We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights as a consumer, or under the Consumer Protection Act 1987 for defective products.
We supply products for domestic and private use only. We aren't liable for any loss of profit, loss of business, business interruption or loss of business opportunity.
SECTION 18 – SEVERABILITY
If a court or other authority decides that any part of these Terms is unlawful or unenforceable, the rest of these Terms will continue to apply.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
If we don't insist on you meeting any of your obligations under these Terms, or delay doing so, that doesn't mean we've given up our rights. These Terms, together with our Orders & Returns Policy Shipping Policy and Privacy Policy, form the entire agreement between you and us about your use of the Services and your purchases.
SECTION 20 – TRANSFER OF THIS AGREEMENT
You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations to another organisation, for example if we sell our business, but we'll tell you if this happens, and it won't reduce your rights under these Terms.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England and Wales. You can bring legal proceedings in the courts of England and Wales. If you live in Scotland, you can bring proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring proceedings in either the Northern Irish or the English courts.
SECTION 22 – HEADINGS
The headings in these Terms are for convenience only and don't affect their meaning.
SECTION 23 – CHANGES TO THESE TERMS
We may update these Terms from time to time, for example to reflect changes in the law or how we operate. The current version will always be on this page, with the date it was last updated shown at the top. The Terms in place when you placed your order will apply to that order.
SECTION 24 – CONTACT INFORMATION
If you have any questions about these Terms, or if something isn't right with your order, please get in touch. We're always happy to help.
Erdberry a trading name of Simone Farley.
Email: contact@erdberry.com
Post: PO Box 1656, Guildford, GU1 9JT, United Kingdom