Effective Date: November 28th 2022

Last updated: November 28th 2022

This agreement is between BrewNice LLC, our subsidiaries, and affiliates (collectively, “BrewNice” “company”, “us”, “we”, or “our”) and the customer (“you” or “customer”). These terms of use and conditions of sale (“Agreement” or “Terms”) constitute a legally binding agreement made by and between us and you (“you”), which governs the use of the site and the services, content, features, and offers provided on this site.

BY USING, BROWSING, OR ACCESSING ANY PART OF THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE FULLY BOUND BY THIS AGREEMENT. If you do not agree to be bound, do not use or access the site. The use of this site, or purchase or use of any BrewNice products constitutes your agreement to these terms and cannot be reversed. If you do not agree to these terms or our Privacy Policy (see footer below), do not access this website and do not purchase any of the products on this website.

PLEASE READ THESE TERMS THOROUGHLY AS THEY COMPRISE TERMS THAT WILL AFFECT YOUR LEGAL RIGHTS AND EMBODY A MANDATORY CLASS ACTION WAIVER.

1. Shopping policy

BrewNice LLC works diligently to maintain this website to ensure all information is up to date and current, however we may alter, add, remove and ingredients and or products/labels in constant efforts to improve our products. Thus, packaging and materials of products may contain different information from the information specified on this website. It is our recommendation that you always read fully read the label of the product purchased before use or consumption. The content on this website is intended for informative or reference purposes only. BrewNice LLC reserves the right to refund any order to a customer without explanation. The content on this website is not intended to substitute for advice given by a pharmacist, physician, nutritionist or any other licensed healthcare professional or practitioner. You should not use the information on this website for self-diagnosis or for treating any form of health issue, disease or injury. If you suspect that you might have a medical issue contact your healthcare provider as soon as possible. The information and statements regarding our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease or health condition.. 

2. Cancellation policy: 

The products sold on this website are sold in high volume. This means that as soon as the order is made and the payment is processed, the order will be sent out for shipping by our team. Therefore, once the order is processed. it will not be possible to cancel any orders. Please be certain about a purchase before making the decision and make sure you review your shopping cart as all sales are final. 

3. Termination:

BrewNice reserves the right to refuse to process, and or cancel, any order without any prior notice for any reason and at our sole discretion. This includes limiting the amount of any order and dollar amount billed or completely canceling the order. These reasons can include but are not limited to: product limitation, suspected fraud, unauthorized reselling of product, etc.

4. Return Policy:

Due to the fact that our products are intended for consumer consumption, there are no product refunds or returns granted. There is no way to tell if a package has been altered and for this reason, we cannot accept any items after they have been shipped out from our facility. Shipping and handling costs are not refundable.

5. Shipping:

If you placed your order to be delivered within the United States, you should expect standard shipping to take anywhere from 1 to 14 days for the order to arrive. The shipping carrier for domestic orders is USPS. The flat rate for any domestic orders is $4.99. All other shipping methods will be specified on checkout. International orders can take anywhere from 2 to 6 weeks to arrive. Please contact Support@BrewNice.com for any questions or if there was a problem with your order. Please note that you cannot change the delivery address after an order has been shipped. We work directly with our shipping carrier services to resolve any potential issues when possible, but we cannot be held responsible for any delays, fees, or other delivery issues if you have made an error in the shipping information of your order.

6. Customs and Country Regulations:

We strive to adhere to each country’s import policies. Although we try to make sure that we do not ship prohibited products into other countries, it is up to you to double check your country’s import policies before you make an order. Shipping vitamins and supplements into Canada is regulated by Health Canada. Due to Canada’s import regulations, some of our products may not be available for purchase. If a product is restricted in your country or area, please make sure you do not complete the order of the product. Please note that Canada sometimes prohibits the importation of more than a 90 days’ supply of some dietary supplements in a single order. It is the responsibility of the customer (you) to make sure the items you are ordering comply with the import regulations of Health Canada. Orders that are seized by your local customs can not be refunded. 

7. Duties & Taxes:

Customers ordering to Canada pay no import duties due to the Free Trade Agreement between the US and Canada. This means you are able to order up to $2,500 CAD without incurring any import duties. However, you may be required to pay HST taxes or GST taxes. These taxes may or may not be collected by your local delivery carrier upon delivery of your package. If you are importing to a different country, it is the customer’s (you) responsibility to check on the Duties and Taxes in your country/area. When a product arrives to your country through DHL or USPS, the carrier will contact you about paying your duties/taxes and delivering the product. BrewNice is NOT responsible for paying this. It is the customer's job to pay this.

8. Use of sites:

BrewNice LLC is not responsible for any directly or indirectly speculated potential damages to consumers from outside advertisers, re-sellers, websites, marketers, or any general third parties displaying, advertising, reviewing or associating with any of our products. BrewNice LLC is not responsible for the marketing, merchandising, advertising, and should by no means be held accountable or at fault for any damages or losses associated with any outside sites or third parties.

9. Indemnification:

This indemnification will remain valid even after the use of the site and the closing of these terms:

You agree to defend, hold harmless, and indemnify Brewnice from any claims, losses, expenses, damages, expenses, legal fees that may or may not come from: your use of any Brewnice product, the site, any user contribution you make, you violate any of these terms, your violation of any laws or rights of a third party.

10. CLASS ACTION AND JURY TRIAL WAIVER//DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY AS IT DIRECTLY AFFECTS YOUR LEGAL RIGHTS AND INCLUDES A CLASS ACTION AND JURY TRAIL WAIVER.

i. If you have any issue regarding BrewNice, its products (containing the purchase of products) you agree to contact us at Support@BrewNice.com. If we are unable to resolve this dispute informally, you and we agree that any claim, dispute, or demand arising out of or relating in any way to this agreement, your purchases of any product or use of any product, or any communication (texts, emails, phone calls, interactions/messages through social media platforms that you get from BrewNice or any affiliates, shall be resolved individually, without resort to any form of class action, and exclusively in the state and federal laws located in Delaware. BOTH YOU AND BREWNICE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Both you and BrewNice agree the court may not consolidate more than one person’s claims with your claims, and you cannot preside over any form of a representative or class proceeding.

ii. Unless you opt-out you agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to joining claims in any class action or class wide arbitration. 

iii. YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED AND RESOLVED INDIVIDUALLY. YOU WOULD HAVE HAD A RIGHT TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION BUT CHOOSE TO RESOLVE INDIVIDUALLY. YOU AND BREWNICE WAIVES ANY STATUTORY RIGHTS TO TAKE ANY CLAIM OR COMPLAINTS TO COURT AND HAVE A TRIAL IN FRONT OF A JURY OR JUDGE, but alternately all matter be resolved by arbitration.

iv. Once you access the site or purchase a product, you will have 30 days to submit your personally identifiable information to opt out of this waiver. Any waiver must be in writing, signed by an officer of BrewNice. To opt-out you must contact us in writing at our mailing address:

BrewNice LLC

330 Washington St,

PMB#218

Hoboken, NJ, 07030

11. User contributions:

All user contributions will not be treated as confidential, regardless of what the content is. This includes reviews, pictures, content, texts, images, audio clips, videos, ideas, techniques, ratings, reviews. The user contributions that you submit will be treated as non-proprietary and non-confidential. By sending in any user contribution you are giving BrewNice and its affiliates the right to reproduce, edit, resize, delete, change, and create any derivative works that we want to use for any reason including but not limited to further advertising and promoting our brand.

12. Products For Personal Use Only:

Our products are for sale only for personal use. You may not use our product for any commercial use that would benefit a commerical property or entity. The products sold on the BrewNice website are not for resale or reproduction. You may not reverse-engineer, modify, or distribute any product or part thereof.

 

13. Limitations of Liability:

i. This clause supersedes all other clauses and determines all liability of us (BrewNice LLC), our directors, officers, employees, subsidiaries, marketers, social media partners, all other related parties, and your remedy, in relation to anything about BrewNice, our products, our marketing, or any and all transactions. The products and transactions on this site are sold on an AS IS basis. To the maximum extent permitted by any applicable law, BrewNice makes no warranty at all. Each of the products sold on this website makes no representation or warranty of any sort. BrewNice disclaims all warranties and claims (both expressed and implied) that pertain to any of our products. This is not limited to but includes any implied warranties of fitness for any purposes or body functions/body structure functions. This site may include mistakes, inaccuracies, typographical errors, content errors, not current or up to date. BrewNice and any of our affiliates disclaims all liability and any responsibility that relates or comes from information posted on the site or affiliate or posted by any visitor. 

ii. BrewNice and or its affiliates are not liable for any damages that might occur from any of the products sold on this site and from any transactions that occur on this site. This damage includes but is not limited to any loss or damage to information, data, income, profit.

iii. To the maximum extent of the law that this applies: BrewNice is liable to you a maximum amount of the aggregate value in which you paid by you to the Brewnice entity during the month immediately preceding your alleged claim to this liability for any damages that arise in connection with any of the products or transactions on this site or affiliate sites. 

14. Language:

The official language of these terms is English. The English version of these terms is the one that will be used for any applicable law. All contacts and communication with us, both legal and informal shall be written in English. 

15. No Waiver:

Failure by us to enforce any provision of these terms is NOT a waiver of such provision or right. Any waivers by our company are in writing and signed by one of our official officers on an official letterhead.

16. Use of Site:

BrewNice reserves the right to changes or modify these terms at any time and it is your responsibility to access this page for updates or changes that have been made to the terms and conditions. We reserve the right to stop using the website and discontinue use permanently completely at any time without any discretion. 

17. Electronic Signatures and Agreements:

By clicking "SUBMIT", "PURCHASE", "I ACCEPT", "ORDER", "DOWNLOAD", "I AGREE" or any similar links, you acknowledge that you are submitting a legally binding agreement and you are being bound by these terms. You acknowledge that you are submitting/signing a legally binding electronic signature and therefore entering a legally binding contract. You acknowledge by the United States Electronic Signatures in Global Commerce Act, P.L. 106-229, the "E-Sign Act" or other similar statutes, you agree to use electronic signatures, contracts, and other records. You agree to receive electronic deliveries and notice, policies and records of transactions initiated, completed on the site or services offered by BrewNice. This means you are waiving your right or your requirement for an original signature or delivery or retention of non-electronic records, or payment/credit that is not electronically delivered.

17.  PERSONAL INFORMATION


Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

By consenting to BREWNICE’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

 

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

 

For any questions, please text HELP to the number you received the messages from. You can also contact us at [Support@BrewNice.com] for more information.

 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

BrewNice LLC

330 Washington St PMB 218
Hoboken, NJ, 07030
Unites states