Effective Date: March 30, 2026
These Terms and Conditions ("Terms") govern your use of BerryFarmy's website, products, and services in compliance with Google Ads policies, Google Business policies, and all applicable laws. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Acceptance of Terms and Eligibility
By using our website or services, you represent and warrant that:
- You are at least 18 years of age or have parental/guardian consent
- You have the legal capacity to enter into binding agreements
- Your use complies with all applicable local, state, and federal laws
- All information provided is accurate, current, and complete
- You will maintain the accuracy of your account information
Permitted Use and Restrictions
Our services are intended for legitimate agricultural and commercial purposes only. You agree to:
- Permitted Uses: Purchase agricultural products, access educational content, request information about our farming services
- Prohibited Activities: You may not use our services for any unlawful purpose or engage in conduct that could damage, disable, or impair our services
Specifically prohibited activities include but are not limited to:
- Providing false, misleading, or fraudulent information
- Attempting to gain unauthorized access to our systems
- Using our services for any illegal activities
- Violating intellectual property rights
- Engaging in harmful, threatening, or harassing behavior
- Attempting to interfere with the proper functioning of our website
Products and Services Description
BerryFarmy offers the following legitimate agricultural products and services:
- Fresh Organic Blueberries: USDA certified organic blueberries harvested from our South Carolina farm
- Processed Products: Value-added items including frozen berries, jams, and dried products
- Agricultural Services: Farm tours, educational programs, and consulting services
- Wholesale Services: Bulk orders for restaurants, retailers, and food processors
- Plant Sales: Blueberry plants and seedlings for home and commercial growing
Order Process and Acceptance
All orders are subject to the following terms:
- Order Submission: Placing an order constitutes an offer to purchase products subject to these Terms
- Order Acceptance: We reserve the right to accept or decline any order at our sole discretion
- Availability: All products are subject to seasonal availability and current inventory
- Confirmation: Order confirmation will be sent via email within 24 hours of order placement
- Cancellation Rights: We reserve the right to cancel orders due to product unavailability, pricing errors, or other legitimate business reasons
Pricing and Payment Terms
Pricing and payment are subject to the following conditions:
- Current Pricing: All prices are displayed in US Dollars and are subject to change without prior notice
- Payment Methods: We accept major credit cards, debit cards, and other payment methods as indicated at checkout
- Payment Processing: Payment is processed through secure, PCI-compliant payment processors
- Payment Authorization: By providing payment information, you authorize us to charge the specified amount
- Tax Compliance: Applicable taxes will be added to orders as required by law
- Pricing Errors: We reserve the right to correct pricing errors and cancel orders placed at incorrect prices
Shipping and Delivery
Delivery terms and conditions:
- Delivery Areas: We deliver to specified geographic areas within our service regions
- Delivery Times: Estimated delivery times are provided but not guaranteed due to weather and transportation factors
- Fresh Product Handling: Fresh products require immediate refrigeration upon delivery
- Failed Deliveries: Additional charges may apply for failed delivery attempts due to customer unavailability
- Risk of Loss: Risk of loss transfers to customer upon delivery
Quality Guarantee and Returns
We stand behind the quality of our products:
- Quality Guarantee: We guarantee our products meet stated quality standards at time of harvest and delivery
- Perishable Products: Claims for perishable products must be made within 48 hours of delivery
- Return Process: Contact customer service immediately for quality issues or damaged products
- Resolution Options: We will provide replacement, refund, or store credit at our discretion
- Natural Variations: Natural variations in size, color, and appearance are normal for agricultural products
- Proper Storage: Quality guarantee requires proper storage and handling by customer
Intellectual Property Rights
All intellectual property is protected:
- Trademarks: BerryFarmy name, logos, and branding are our exclusive property
- Content: Website content, images, and materials are protected by copyright
- Limited License: You may use our website for personal, non-commercial purposes only
- Restrictions: You may not reproduce, distribute, or create derivative works without permission
- User Content: Any content you submit grants us a license to use for business purposes
Privacy and Data Protection
Your privacy is protected in accordance with our Privacy Policy, which complies with GDPR, CCPA, and Google policies. We collect, use, and protect personal information only as described in our Privacy Policy, which is incorporated into these Terms by reference.
Limitation of Liability and Disclaimers
To the fullest extent permitted by law:
- Warranty Disclaimer: Products are provided "as is" except for our quality guarantee
- Liability Limitation: Our total liability is limited to the purchase price of the specific product
- Exclusion of Damages: We are not liable for indirect, consequential, or punitive damages
- Agricultural Risks: We are not liable for natural variations or weather-related impacts on products
- Third-Party Services: We are not responsible for third-party payment processors or shipping companies
Indemnification
You agree to indemnify and hold harmless BerryFarmy, its officers, employees, and agents from any claims, damages, or expenses arising from your use of our services or violation of these Terms.
Compliance with Laws and Regulations
Our operations comply with applicable regulations including:
- Food Safety: FDA Food Safety Modernization Act (FSMA) compliance
- Organic Standards: USDA National Organic Program (NOP) certification
- State Regulations: South Carolina Department of Agriculture requirements
- Advertising Standards: FTC truth-in-advertising guidelines
- Google Policies: Full compliance with Google Ads and Google Business policies
- Consumer Protection: State and federal consumer protection laws
Force Majeure
Neither party shall be liable for delays or failures in performance due to circumstances beyond reasonable control, including but not limited to acts of God, weather conditions, natural disasters, government actions, labor disputes, supply chain disruptions, or other unforeseeable events affecting agricultural operations.
Dispute Resolution
Any disputes will be resolved as follows:
- Initial Resolution: Contact customer service for informal resolution
- Mediation: Disputes may be subject to mediation before litigation
- Jurisdiction: Legal proceedings must be brought in South Carolina courts
- Governing Law: These Terms are governed by South Carolina law
- Statute of Limitations: Claims must be brought within one year of the cause of action
Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or website notice. Continued use of our services after modifications constitutes acceptance of the updated Terms. Current Terms are always available on our website.
Severability and Entire Agreement
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between parties and supersede all prior agreements or understandings.
Contact Information
For questions about these Terms or our services:
- Business Address: 4999 Carolina Forest Blvd, Myrtle Beach, South Carolina 29579
- Phone: (802) 843-2111
- Email: support@berryfarmy.online
- Business Hours: Monday-Saturday 7:00 AM - 6:00 PM, Sunday 9:00 AM - 4:00 PM
- Customer Service: Available during business hours for all inquiries
Acknowledgment
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You also acknowledge that these Terms may be updated periodically and that it is your responsibility to review them regularly.
These Terms & Conditions are designed to comply with Google Ads policies, Google Business policies, FTC regulations, consumer protection laws, and agricultural industry standards. BerryFarmy is committed to transparent, ethical, and compliant business practices. All terms are fair, clearly stated, and legally enforceable. Last updated: March 30, 2026.