Terms and Conditions
This website is owned and operated by Lauren Rahall of Berry & Sage. These Terms set forth the terms and conditions under which you may use my website and services as offered by me. This website offers visitors custom, handmade, and one-of-a-kind items for gifts, events, home décor, etc. By accessing or using the website of Berry & Sage, you approve that you have read, understood, and agree to be bound by these Terms.
-I (buyer) have opted for, and agreed to at least one of the product(s) provided by this artist of Berry & Sage. I have effectively and purposefully communicated to my artist what I envision, if it is a custom order.
-I attest that I have completed the steps necessary to save my spot in the queue of my artist (for custom orders) and therefore I am securing their expertise by affirming my commitment of a complete payment on the agreed upon investment.
-I understand that they may take pictures or videos of their work for use on their website, social media, etc., and also appreciate me (the buyer) sending pictures of their work, including pictures of their product(s) with myself, friends and or bridal party etc. emailed to BerryandSageco@gmail.com or tagged in social media via Tik Tok, Instagram @BerryandSageco
-In order to use this website and/or receive my products, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
-When buying an item, I (the buyer) agree that: (i) I am responsible for reading the full item listing before making a commitment to buy it: (ii) I enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
-The prices the seller charge for using their services / for their products that are listed on the website, Etsy shop, or social media. Berry & Sage reserve the right to change the prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
-The fee for the services and any other charges you (buyer) may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method, if applicable.
Retention of right to change offering
-I (seller) may, without prior notice, change the services; stop providing the services or any features of the services I offer; or create limits for the services. I may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Force Majeure-Events
-Force Majeure-Events outside the artist's control, which is not reasonably foreseeable, shall be considered Force Majeure, meaning that the artist is released from their obligations to fulfill contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The Force Majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc. -
Privacy
All personal information you (buyer) provide me (seller) with or that I obtain will be handled by myself only, and is responsible for the personal information. The personal information you provide will be used to ensure deliveries to you, to provide services and products to you. The information you provide is only available to Berry & Sage and will not be shared with other third parties. You have the right to inspect the information held about you. You always have the right to request I delete or correct the information held about you. By accepting the artist’s Terms and Conditions, you agree to the above and below.
Ownership of intellectual property, copyrights and logos
-The services, products and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Berry & Sage. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Right to suspend or cancel user account
-I (seller) may permanently or temporarily terminate or suspend your (buyer) access to the service or products without notice and liability for any reason, including if in our sole determination you (buyer) violate any provision of these Terms or any applicable law or regulations. You (buyer) may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Indemnification
**You (buyer) agree to indemnify and hold Lauren Rahall harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your *buyer) use of the website or any of the services offered on the website, Etsy shop, or social media.
Limitation of liability
**To the maximum extent permitted by applicable law, in no event shall Lauren Rahall, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
**To the maximum extent permitted by applicable law, Lauren Rahall assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of my service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
**I (buyer) understand that by ordering any products, booking this artist for my wedding, or any other service, I agree to be bound by these terms & conditions stated in this notice. By purchasing from me through Berry & Sage via direct website www.BerryandSage.com or through my Etsy shop BerryandSageCo, or social media, I (the buyer) agree to all terms set forth in this notice.
Promotional emails and content
You (buyer) agree to receive from time-to-time promotional messages and materials from Berry & Sage, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Terms and Conditions of Berry & Sage’s website, Esty shop, and social media are effictive as of June 1st 2021.