Terms of service
Terms of Service
Overview
Welcome to bearbelle. bearbelle is operated by Point One Holdings LLC ("bearbelle," "we," "us," and "our"). These Terms of Service ("Terms"), together with the policies referenced in them, govern your use of our website, www.bearbelle.co, and your purchase of our products (together, the "Services"). bearbelle is powered by Shopify.
By using the Services or placing an order, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Services. These Terms include important information about your legal rights, including warranty disclaimers and limitations of liability.
Section 1 – Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence. You agree to provide accurate, current, and complete information when you create an account or place an order, and to keep it up to date. You are responsible for keeping your account credentials secure and for all activity on your account.
Section 2 – Our Products
We make every effort to display our products accurately, but colors and appearance may vary depending on your device and screen settings. Product descriptions may change at any time. We may discontinue any product at any time and may limit quantities available to any person or region.
Section 3 – Orders
When you place an order, you are making an offer to purchase. We may accept or decline any order at our discretion, and your order is not accepted until we confirm it. If we decline, change, or cancel your order, we will try to notify you using the contact information you provided. Returns and refunds are governed by our Return and Refund Policy. You agree that your purchases are for personal or household use and not for resale.
Section 4 – Subscriptions
Some products are offered as automatically renewing subscriptions. By subscribing, you authorize us to charge your saved payment method for each delivery until you cancel. You can skip, pause, change, or cancel your subscription at any time from your account. Billing, renewals, price changes, and cancellation are described in our Subscription Policy, which is part of these Terms.
Section 5 – Prices and Billing
Prices, discounts, and promotions may change at any time, except that subscription price changes are subject to the advance notice described in our Subscription Policy. The price charged for an order is the price in effect when the order is placed, as shown in your order confirmation email. Unless stated otherwise, prices do not include taxes or shipping. You represent that the payment information you provide is accurate, that you are authorized to use your payment method, and that you will pay all charges at the posted prices, including shipping and applicable taxes.
Section 6 – Shipping and Delivery
Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Our Shipping Policy describes shipping options and rates, and our Return and Refund Policy explains what to do if your order arrives damaged, defective, or incorrect.
Section 7 – Intellectual Property
All content on the Services, including trademarks, logos, text, images, graphics, and product reviews, is owned by Point One Holdings LLC or its licensors and is protected by intellectual property laws. You may use the Services for personal, non-commercial purposes only, and you may not copy, reproduce, distribute, or modify any content without our prior written consent. Shopify's name and trademarks belong to Shopify, and all other trademarks belong to their respective owners.
Section 8 – Third-Party Links and Tools
The Services may include links to, or tools provided by, third parties. We do not control and are not responsible for third-party websites, tools, products, or services, and your use of them is at your own risk and subject to their terms.
Section 9 – Relationship with Shopify
bearbelle 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 bearbelle. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and bearbelle, 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 bearbelle.
Section 10 – Privacy
Personal information we collect is governed by our Privacy Policy. Because our store is hosted by Shopify, Shopify also processes certain personal information under its own privacy policy. We share information with service providers, such as our payment processor and fulfillment partners, as needed to process and deliver your orders.
Section 11 – Reviews and Feedback
If you submit reviews, suggestions, or other feedback, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display it for any purpose, including marketing. You confirm that your feedback is your own, is truthful, discloses any compensation or incentive you received for it, and does not violate anyone's rights. We may remove any feedback at our discretion.
Section 12 – Errors and Inaccuracies
Information on the Services may occasionally contain errors in product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct errors and to update information or cancel orders if information is inaccurate, including after you have placed an order.
Section 13 – Prohibited Uses
You may use the Services for lawful purposes only. You may not use the Services to violate any law, infringe anyone's rights, transmit false or misleading information or malicious code, send spam, impersonate others, scrape or collect data using automated tools, or interfere with the Services' security or operation. We may suspend or terminate your account if you violate these Terms.
Section 14 – Termination
We may terminate these Terms or your access to the Services at any time without notice. You remain responsible for all amounts owed up to the date of termination. Sections that by their nature should survive termination, including Intellectual Property, Reviews and Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, will continue to apply.
Section 15 – Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY bearbelle, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
Section 16 – Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL bearbelle, POINT ONE HOLDINGS LLC, OR OUR OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Section 17 – Indemnification
You agree to indemnify, defend, and hold harmless Point One Holdings LLC, Shopify, and our respective affiliates, officers, employees, agents, and service providers from any claims, losses, damages, or liabilities, including reasonable attorneys' fees, arising from your breach of these Terms, your violation of any law or third-party right, or your use of the Services.
Section 18 – Severability, Waiver, and Entire Agreement
If any provision of these Terms is found unenforceable, it will be enforced to the fullest extent permitted, and the remaining provisions will remain in effect. Our failure to enforce any right or provision is not a waiver of it. These Terms and the policies referenced in them are the entire agreement between you and us regarding the Services and supersede any prior agreements.
Section 19 – Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms without notice to you.
Section 20 – Governing Law
These Terms are governed by the laws of the state in which Point One Holdings LLC is organized, and you consent to the jurisdiction of the state and federal courts located there.
Section 21 – Changes to These Terms
We may update these Terms at any time by posting the revised version on this page. We will notify you of material changes as required by applicable law. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
Section 22 – Contact Information
Questions about these Terms can be sent to hello@bearbelle.co.
Point One Holdings LLC (doing business as bearbelle)
hello@bearbelle.co