Terms of service
Overview
This website is operated by Brivley. Throughout this site, the terms "we," "us," and "our" refer to Brivley. By visiting our website or purchasing from us, you agree to these Terms of Service and all policies referenced herein.
If you do not agree to these terms, please do not use this website or place orders.
Our online store is hosted on Shopify Inc., which provides the e-commerce platform that powers our website, payment processing, and order management.
1. Eligibility and Account Use
You must be at least 18 years old to make purchases on this website. By placing an order, you confirm that you are at least 18 years of age and legally able to enter into binding contracts under the laws of Massachusetts and the United States.
You agree to provide accurate, current, and complete information when placing orders, including billing address, shipping address, email, and payment details. You are responsible for maintaining the accuracy of this information and updating it as needed.
2. Permitted Use of Website
You may use this website only for lawful purposes and in compliance with these Terms of Service. You agree not to:
- Use the website in any way that violates federal, state, or local laws
- Engage in fraudulent activity or misrepresent your identity
- Attempt to interfere with the website's security, functionality, or performance
- Introduce viruses, malware, or any harmful code
- Copy, reproduce, distribute, or exploit any part of the website without written permission from Brivley
- Collect or harvest personal information from other users without consent
- Infringe on intellectual property rights of Brivley or third parties
Violation of these restrictions may result in immediate termination of your access to the website.
3. Products and Availability
Products are sold subject to availability. We reserve the right to limit quantities, discontinue products, or refuse orders at our discretion.
Product images and descriptions are provided for reference. Actual product colors, dimensions, or appearance may vary slightly depending on your device display settings or manufacturing variations.
We do not guarantee that all product information is accurate, complete, or current. Product specifications and pricing are subject to change without notice.
Certain products may be available exclusively online and may have limited stock. All sales are subject to product availability at the time your order is processed.
4. Pricing and Payment
All prices are listed in U.S. dollars (USD). We reserve the right to change prices at any time without notice. Price changes do not affect orders that have already been placed and confirmed.
Sales tax will be calculated and added to your order total at checkout as required by Massachusetts law and applicable state regulations.
Payment is due at the time of order placement. We accept payment methods as displayed at checkout. By submitting payment information, you authorize us to charge the provided payment method for your order total, including product cost, shipping, and applicable taxes.
If your payment is declined, we will notify you by email and your order will not be processed until valid payment is received.
5. Order Acceptance and Processing
Placing an order on our website constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason, including but not limited to:
- Product unavailability
- Pricing or product description errors
- Suspected fraudulent activity
- Violation of these Terms of Service
- Restrictions based on geographic location
Your receipt of an order confirmation email does not constitute our acceptance of your order. An order is accepted only when we process and ship the product or otherwise notify you of acceptance.
We may limit or cancel quantities purchased per person, household, or order. If we cancel an order after payment has been processed, we will issue a full refund to your original payment method.
6. Order Cancellation
You may request to cancel an order by contacting support@brivley.com immediately after placing your order. Cancellation requests are honored only if the order has not yet entered processing.
Orders that have been processed or shipped cannot be canceled but may be returned in accordance with our Return & Refund Policy.
7. Shipping and Delivery
Orders are processed and shipped according to the timeframes outlined in our Shipping Policy. We are not responsible for delays caused by shipping carriers, weather events, natural disasters, or other circumstances beyond our control.
Risk of loss and title for products pass to you upon delivery to the shipping carrier.
For complete shipping details, see our Shipping Policy.
8. Returns and Refunds
Returns are accepted within 30 days of delivery in accordance with our Return & Refund Policy.
We do not offer warranties or guarantees on products beyond the return eligibility described in our Return & Refund Policy.
For complete return and refund details, see our Return & Refund Policy.
9. Intellectual Property
All content on this website, including but not limited to text, graphics, logos, images, product descriptions, and software, is the property of Brivley or its content suppliers and is protected by United States and international copyright, trademark, and intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from this website without prior written permission from Brivley.
10. Third-Party Links
Our website may contain links to third-party websites that are not owned or controlled by Brivley. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites.
By using our website, you acknowledge and agree that Brivley is not responsible or liable for any damage or loss caused by your use of or reliance on any third-party content, goods, or services.
We recommend that you review the terms and privacy policies of any third-party websites you visit.
11. User Content and Submissions
If you submit feedback, suggestions, reviews, or other content to Brivley through our website or email, you grant us the right to use, reproduce, modify, and distribute such content without restriction or compensation to you.
You represent and warrant that any content you submit:
- Does not violate any third-party rights, including intellectual property, privacy, or publicity rights
- Does not contain unlawful, defamatory, obscene, or harmful material
- Is accurate and not misleading
12. Privacy and Personal Information
We collect and use personal information in accordance with our Privacy Policy. By using our website, you consent to our collection and use of personal information as described in the Privacy Policy.
13. Website Modifications and Availability
We reserve the right to modify, suspend, or discontinue any part of our website or services at any time without notice or liability.
We do not guarantee that our website will be available at all times or free from errors, interruptions, or security vulnerabilities. You agree that Brivley is not liable for any unavailability, modification, or discontinuation of the website or services.
14. Limitation of Liability
To the fullest extent permitted by Massachusetts law:
Brivley is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising from your use of our website or products.
Our total liability for any claim arising out of or relating to these Terms of Service or your use of our website shall not exceed the amount you paid for the product or service giving rise to the claim, or $100, whichever is less.
Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless Brivley, its owner, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising from:
- Your violation of these Terms of Service
- Your violation of any law or regulation
- Your violation of any third-party rights
- Your use of our website or products
16. Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms of Service or your use of our website shall be resolved exclusively in the state or federal courts located in Massachusetts. You consent to the personal jurisdiction of these courts.
17. Force Majeure
Brivley is not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to:
- Natural disasters, weather events, or acts of God
- War, terrorism, civil unrest, or government action
- Labor disputes or strikes
- Supply chain disruptions or carrier delays
- Pandemics, epidemics, or public health emergencies
- Internet or telecommunications failures
18. Severability
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms of Service, together with our Shipping Policy, Return & Refund Policy, and Privacy Policy, constitute the entire agreement between you and Brivley regarding your use of our website and supersede all prior or contemporaneous agreements, communications, or understandings.
20. Changes to Terms of Service
We reserve the right to update or modify these Terms of Service at any time without prior notice. Changes will be posted on this page with an updated "Last Updated" date.
Your continued use of our website after changes are posted constitutes your acceptance of the revised Terms of Service. We encourage you to review these terms periodically.
21. Contact Information
If you have questions about these Terms of Service, please contact us:
Contact Information
Store Name: Brivley
Address: 129 Commercial Street, Malden, MA 02148, United States
Email: support@brivley.com
Phone: +17814263744
We do our best to reply to your e-mail within 1-2 business days.