Terms & Condition

By purchasing from or using the Beri Crush website, you confirm that you are at least 21 years of age and of legal age in your jurisdiction, and you agree that you may be required to provide a valid government‑issued ID and/or photograph for age and identity verification in accordance with applicable law and site policies.

Overview

This website is operated by Beri Crush, LLC, also referred to as "we," "us," "our," or "Beri Crush," and all content, tools, and services made available through the site are offered subject to these Terms & Conditions. These terms apply to all users, including visitors, customers, vendors, and content contributors, and you agree to be bound by them by using the site, browsing, or making a purchase.

Using any part of the site indicates acceptance of these Terms & Conditions. If you disagree with any part, you should not access or use the site or its services. These terms also govern any new features, tools, or services added to the platform, and the most recent version will always be posted here, with continued use of the site indicating acceptance of any updates or modifications.

Our online store and e‑commerce functionality are provided through BigCommerce, which supplies the platform used to offer and sell our products and services.

1. Store Terms

By using this site, you represent that you are of legal age in your state or province and, where applicable, that you have obtained proper consent to use the site on behalf of any minor for whom you are responsible. You agree not to use any product purchased here for unlawful purposes or in violation of local, state, federal, or international laws, including intellectual property and copyright laws, and you must not transmit malicious code, viruses, or destructive software; such activities may result in immediate termination of access.

2. Online Orders, Loss, And Address Issues

Your local carrier may leave a package at the delivery address once it is scanned as delivered, and after the carrier confirms delivery, Beri Crush is not responsible for loss, theft, or damage to that shipment. If a package is returned to us because the address was incorrect, incomplete, unclaimed, or deemed undeliverable, you should contact us so that, once the package is received, our returns team can process it and issue a refund consistent with our policies.

3. General Conditions

For any legitimate reason at any time, we reserve the right to refuse service to any individual. You understand that certain technical aspects of your data (excluding full payment card details during transmission) may pass unencrypted over various networks or be modified to meet the requirements of connecting systems, though card data transmitted for payment is encrypted.

Please remember that you should not reproduce, duplicate, copy, sell, resell, or exploit any part of the service, how you use the service, or access to the site or its content without first getting written permission from us. Just a reminder, the section headings in these Terms & Conditions are there to help you find things easily—they don't change the meaning or scope of any part of the agreement.

4. Information Accuracy And Updates

The Information on this site may not always be complete, current, or error‑free, and we are not responsible for any reliance placed on such content. Please note that, unless specifically mentioned, the Information provided here is for general purposes and shouldn't be your only source when making decisions. Feel free to use the Information at your own risk. Historical details might be shared for your reference and might not be up-to-date with current conditions. While we're not required to keep content updated, we may do so when we see fit, and it's up to you to stay informed about any changes on the site.

5. Prices, Fees, And Service Changes

Please note that product prices and fees can change at any time without notice. We also have the flexibility to modify, suspend, or discontinue the service (or parts of it) whenever we need to. Neither you nor any third party will be entitled to compensation or damages if these changes occur.

6. Products And Services

Subject to our Return and Refund Policies, some goods or services may only be available online via the website in small quantities. Although we make every effort to display product images and colors accurately, we cannot guarantee perfect color accuracy, and the exact representation may differ depending on your device or screen.

We might, at our own discretion, choose to limit sales to certain individuals, regions, or areas, restrict quantities, update product descriptions or prices, or even stop offering a product at any moment. Also, any offer on the site is not valid where it's forbidden by Law. We can't guarantee that the goods, services, Information, or other materials will meet your expectations, or that any mistakes in the service will be fixed.

7. Account And Billing Accuracy

We reserve the right to refuse any order and to limit or cancel quantities purchased per person, per household, or per order, including where multiple orders use the same account, credit card, billing address, or shipping address. If an order is changed or canceled, we may attempt to notify you using the contact details provided at checkout.

You agree to provide current, complete, and accurate purchase and account Information for all transactions and to promptly update details such as email address, payment methods, and billing information so that transactions can be completed and we can contact you as needed.

8. Third‑Party Tools And Resources

The site might offer access to third-party apps, tools, or services that we don't oversee or control. These tools are provided "as is" and "as available" without any guarantees or endorsements. Using them is entirely at your own risk, and you're subject to the third party's terms. We're also excited to introduce new features and services in the future, but please note that they'll be subject to these same Terms & Conditions unless we specify otherwise.

9. Third‑Party Links And Content

You might find content, products, and services from third parties on our site, and some links may take you to outside websites that aren't connected to us. We don't check or guarantee the accuracy, legality, or quality of third-party materials or sites, and we're not responsible for any issues that may arise from purchasing or using third-party goods, services, or content.

We recommend taking a moment to review third-party policies and practices carefully before making any transactions, and if you have any complaints, claims, or questions about third-party products or services, please reach out directly to the provider.

10. User Comments And Submissions

If you send submissions—including ideas, proposals, feedback, reviews, or other materials (collectively, "comments")—whether by email, mail, online form, or otherwise, you grant us the right to edit, copy, publish, distribute, translate, and otherwise use such comments in any medium at any time. We are under no obligation to keep comments confidential, compensate you, or respond to comments.

We may choose, but are not required, to monitor, edit, or remove content that we believe, at our own discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise inappropriate, or that infringes on anyone's rights or these Terms & Conditions. By submitting comments, you agree that they won't violate any third-party rights (like copyright, trademark, privacy, or other personal or proprietary rights), won't include illegal or harmful material, and won't contain malware or harmful code. Please also ensure you're using accurate and honest Information—avoid misleading others about your identity—and remember, you're responsible for the legality and correctness of what you share.

11. SMS Marketing And Notifications

By agreeing to these terms, you're welcome to receive both marketing and non-marketing SMS and text messages from Beri Crush Direct at the mobile number(s) you share with us. These messages might be sent using automated dialing technology. If you prefer not to receive certain messages, you can opt out anytime by replying STOP or reaching out through our contact form or support email—please note that standard messaging and data rates from your carrier may apply. Remember, agreeing to receive SMS messages is completely optional and not required to purchase any of our products or services.

12. Personal Information

The collection, use, and protection of your personal Information that you share through our site are guided by our Privacy Policy, which is an important part of these Terms & Conditions.

13. Errors, Inaccuracies, And Omissions

Periodically, the Information on our site or in our service might contain some typos, errors, or missing details about product descriptions, pricing, promotions, offers, shipping costs, transit times, or what's available. We appreciate your understanding that we may need to correct these mistakes, update Information, or even cancel orders if we find any inaccuracies—sometimes even after an order is placed, all within legal limits. Unless the Law requires otherwise, we don't have a duty to update or clarify all Information on our site or related websites, including prices. Also, seeing a date on updates doesn't necessarily mean every piece of Information has been changed.

14. Prohibited Uses

You are not allowed to use the website or its content for the following purposes, in addition to other prohibitions listed in these Terms & Conditions:

  • Take part in illegal activities or encourage others to do so
  • Violate any laws, rules, or regulations at the international, federal, provincial, state, or local levels.
  • Violate or infringe upon others' or our intellectual property rights.
  • Discriminate against someone based on their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
  • Submit false or misleading Information.
  • Upload or send malicious code, including viruses.
  • Gather or monitor other people's personal data without their permission, phishing, pharming, pretexting, spidering, crawling, or scraping the service for immoral or pornographic purposes.
  • Engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping activities.
  • Use the service for obscene or immoral purposes.
  • Interfere with or circumvent security features of the service or any related website, other websites, or the Internet.

Violation of any prohibited use may result in immediate termination of your use of the service.

15. Disclaimers And Limitation Of Liability

Except in cases where such warranties are mandated by Law, the website and all goods and services offered through it are offered "as is" and "as available" with no express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not guarantee that the service will be reliable or accurate, or that it will be timely, secure, error-free, or uninterrupted.

To the greatest extent allowed by Law, Beri Crush Vape, LLC and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or any other claims pertaining to your use of any product or service obtained through the site. Our liability will be restricted to the greatest extent allowed by Law in jurisdictions that do not permit limitations on implied warranties or the exclusion of specific damages.

16. Indemnification

By agreeing to these Terms & Conditions, you're helping to support and protect Beri Crush Vape, LLC, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees. This means you're agreeing to stand by them and defend against any claims, demands, damages, or liabilities—including reasonable attorneys' fees—that might come up if there's a breach of these terms, a violation of the Law, or infringement on third-party rights.

17. Severability

In the event that any of these Terms & Conditions' provisions are found to be illegal, void, or unenforceable, they will still be enforceable to the fullest extent allowed by applicable Law. The unenforceable portion will be considered severed from the agreement, while the remaining provisions will remain in full force and effect.

18. Termination

For all intents and purposes, any obligations and liabilities incurred prior to the termination date will continue after this agreement is terminated. Until either you or we terminate this agreement, these terms and conditions will remain in effect. You may do so at any time by stopping your use of the site and giving us notice if needed.

If, in our sole discretion, you violate any of the terms of this agreement, or if we suspect that you have done so, we may terminate it at any time without giving you advance notice. You will be responsible for all amounts owed until the termination date and may not be able to use the service.

19. Entire Agreement

If we ever fail to exercise or enforce any right or part of these Terms & Conditions, it doesn't mean we've given it up. These Terms & Conditions, along with any policies or rules posted on this site or related to the service, make up the full agreement and understanding between you and us. They replace all earlier or ongoing agreements, messages, and proposals, whether spoken or written. Also, if there's any confusion in how these Terms & Conditions are understood, it won't be interpreted against the party who drafted them.

20. Governing Law

These Terms & Conditions, along with any specific agreements we have with you, are governed by the laws of the state where Beri Crush Vape, LLC is registered. This means we follow those laws to ensure everything is fair and clear, regardless of any conflicting laws.

21. Changes To Terms & Conditions

The most recent version of these terms and conditions is always available on this page. We may occasionally update or modify some of these terms, and we will notify you of any changes on this website. Checking back here on a regular basis is a good idea. You accept the updated terms by using or accessing the website or service after they have been posted.

22. Warranty Coverage And Device Issues

To determine whether a Beri Crush device qualifies for warranty coverage, a troubleshooting process may be required so that simple issues can be resolved quickly and manufacturer return requirements can be met.

Exclusions from warranty coverage may include, but are not limited to:

  • Clearance or closeout items
  • Products with minor cosmetic imperfections
  • Issues such as tank leaks, dry hits, or coil shorts
  • Damage caused by misuse, improper handling, water exposure, or normal wear and tear
  • Use of damaged, incompatible, or improperly handled batteries
  • Coverage generally includes:
  • Devices that are Dead On Arrival (DOA) and will not power on or function
  • Screen malfunctions or failures
  • Chipset defects (for example, persistent atomizer errors or auto‑firing issues)
  • Manufacturing defects
  • Internal battery issues for applicable devices

Sealed products returned in their original, unopened packaging may be eligible for store credit within 30 days of delivery, subject to policy terms. For certain warranty claims, you may be asked to provide photos or videos demonstrating the issue to help evaluate eligibility and process a replacement or exchange.

Troubleshooting may involve questions about whether the device worked when first received, when the issue began, whether it can be reproduced, and a visual inspection for exterior damage, bending, battery door condition, terminal alignment, or signs of fire or liquid exposure.

Eligible items may be exchanged for a sealed replacement of the same SKU (if available), an item of equal value, or store credit, provided all warranty conditions are met.

23. Contact Information

Questions about these Terms & Conditions should be sent to support@bericrush.com

or through the contact form provided on the website.

Health And Legal Disclaimer

NOT FOR SALE TO MINORS: Products sold on this website are intended solely for adults of legal smoking age (21+) and must not be purchased or used by minors. These products may contain nicotine, which is an addictive chemical. CALIFORNIA PROPOSITION 65 WARNING: This product can expose you to nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm.

Products offered may contain nicotine, vegetable glycerin, propylene glycol, flavorings, and other ingredients, and use of these products may present health risks; you should consult a healthcare professional before use, particularly if you are pregnant, nursing, have underlying health conditions, or are taking medications. Statements regarding these products have not been evaluated by the Food and Drug Administration, and they are not intended to diagnose, treat, cure, or prevent any disease or to serve as smoking cessation products.

Always keep products out of the reach of children and pets and store them safely. Use of all products is entirely at your own risk, and by purchasing or using them, you accept full responsibility for any outcomes associated with their use.