Terms of service

Effective Date: June 4, 2026

OVERVIEW
Welcome to Cherry Vibes. The terms "we," "us," and "our" refer to Cherry Vibes LLC, trading as Cherry Vibes US. Cherry Vibes LLC operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Cherry Vibes is powered by Shopify, which hosts the storefront and checkout.

The terms below, together with our Privacy Policy and Refund Policy, describe your rights and responsibilities when you use the Services. Please read them carefully — they include important information about warranty disclaimers and limitations of liability.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access the Services.

SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you consent to any minor dependents in your care using the Services on devices you own, purchase, or manage.

To use the Services — including browsing our store or purchasing products — you may be asked to provide information such as your email address, billing details, payment details, and shipping address. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS
Please note that:

• Colors and product appearance may differ from how they appear on your screen due to your device, browser, and display settings.
• Slight variations in color and finish are normal manufacturing characteristics and are not defects.
• Sizing is determined by the size chart on each product page. Please consult it before ordering — sizing-related dissatisfaction is not eligible for return when the correct size was shipped (see our Refund Policy).

We do not warrant that the appearance or quality of any product will meet your expectations or be identical to depictions in the store. All product descriptions are subject to change at any time at our discretion. We reserve the right to discontinue any product, or to limit quantities offered to any person, region, or jurisdiction.

SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Cherry Vibes reserves the right to accept or decline any order at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before acceptance.

Because orders enter processing within a few hours of receipt, we can only accommodate cancellation or modification requests that reach us before processing begins. If you need to cancel or change an order, email info@cherryvibes.com as soon as possible after checkout. Once an order is in processing, the Refund Policy governs.

If we do not accept, change, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at checkout.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged is the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices on the Cherry Vibes online store may differ from prices in any physical store or other online channel operated by third parties. Promotions are governed by their own terms; if those terms conflict with these Terms, the promotion terms govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases, and to keep that information up to date. You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY
Processing typically takes 2 – 7 business days, after which the order is handed off to a shipping carrier. All quoted processing and delivery times are estimates, not guarantees. We are not liable for delays caused by shipping carriers, customs processing, weather events, or other circumstances outside our control.

Once we hand a product over to the carrier, title and risk of loss pass to you. Lost-in-transit packages are handled per our Refund Policy.

It is your responsibility to provide an accurate and complete shipping address. Packages returned to us due to incorrect or incomplete addresses are subject to a reshipping fee.

SECTION 6 — INTELLECTUAL PROPERTY
The Services — including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of these — are owned by Cherry Vibes LLC, its affiliates, or its licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Cherry Vibes LLC, Shopify, or any third party. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted are reserved.

Cherry Vibes names, logos, product and service names, designs, and slogans are trademarks of Cherry Vibes LLC or its affiliates or licensors. You may not use them without prior written permission. Shopify's name, logo, and marks are the trademarks of their respective owners. All other marks on the Services are the trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS
You may be provided access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over.

You acknowledge and agree that such tools are provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools, and your use of them is entirely at your own risk. Please review the terms of any third-party provider before using their tools.

We may introduce new features through the Services. Such new features are deemed part of the Services and are subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to websites or content provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access such materials, you do so at your own risk.

We are not liable for any harm or damages related to your use of third-party websites, or your purchase or use of any third-party products, services, resources, or content. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
Cherry Vibes is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Cherry Vibes LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Cherry Vibes LLC, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Cherry Vibes LLC.

SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify and with our service providers (which may be located in countries other than where you reside). Review our Privacy Policy for more details.

SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms. We are not obligated (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not required to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any third-party intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain libelous, abusive, obscene, or malicious content. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material (including "junk mail," "chain letter," or "spam"); (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm Cherry Vibes LLC, Shopify, or other users, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or any malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (including agentic AI), or other automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 — AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services (or any part of them) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services.

EXCEPT AS EXPRESSLY STATED BY CHERRY VIBES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CHERRY VIBES LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cherry Vibes LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 — SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with our Privacy Policy, Refund Policy, and any other policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 — GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. You and Cherry Vibes LLC consent to exclusive venue and personal jurisdiction in the state and federal courts located in Hampden County, Massachusetts.

SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check the website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at info@cherryvibes.com.

Cherry Vibes LLC
72 Kipling Street, Springfield, MA 01118, United States
info@cherryvibes.com
+1 413-361-8451