Terms of service
Terms of Service
OVERVIEW
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy https://acaiberryfoods.com/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Nothing in these Terms affects your statutory rights as a consumer. Section 17 explains this in more detail.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least 18 years old, or that you are using the Services with the consent of a parent or guardian.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and delivery information. You confirm that the information you provide is correct, current and complete.
You are responsible for keeping your account credentials secure. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We sell frozen açaí products. Please read Section 5 (Frozen products, allergens and storage) before ordering — it contains important information about how our products are delivered and stored.
We make every effort to represent our products accurately. Please note that colours and appearance may differ from how they appear on your screen, depending on your device and its settings.
All product descriptions are subject to change without notice. We may discontinue any product at any time and may limit the quantities we offer to any person, region or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We may accept or decline your order at our discretion. Your order is accepted when we confirm acceptance, and we must receive and process your payment before an order is accepted.
Because our products are frozen, orders are prepared for dispatch quickly. Please review your order carefully before submitting it, and see our Refund Policy https://acaiberryfoods.com/policies/refund-policy for when an order can be cancelled.
If we do not accept, change, or cancel an order, we will try to contact you using the email address, billing address or phone number given at the time of the order.
Orders placed through this store are for retail purchase. If you are buying for a business, café or for resale, please contact our wholesale team rather than ordering here, so that we can set you up with the right account and pricing.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions may change without notice. The price charged will be the price in effect when the order is placed and will be shown in your order confirmation email.
Prices shown include UK VAT where applicable. Delivery charges are shown separately at checkout. For deliveries outside the United Kingdom, customs duties or import charges may apply and are your responsibility.
Prices in our online store may differ from prices in our cafés or from prices offered by third parties. We may run promotions governed by their own terms; where those conflict with these Terms, the promotion terms apply.
You agree to keep your purchase, payment and account information current and accurate. You confirm that you are authorised to use the payment method you provide and that you will pay the charges incurred at the posted prices, including delivery charges and any applicable taxes.
SECTION 5 - FROZEN PRODUCTS, ALLERGENS AND STORAGE
Our products are supplied frozen and must be kept frozen.
Delivery. Orders are packed to stay frozen in transit and are intended to be accepted on the first delivery attempt and placed straight into a freezer. Please make sure someone is available to receive your delivery. If a delivery is refused, rescheduled by you, or left unattended at your request, we cannot be responsible for products that thaw or spoil as a result.
Storage. Once delivered, please freeze the products immediately. Do not refreeze products that have fully thawed.
Allergens and dietary information. Allergen and ingredient information is shown on the relevant product page and on the product packaging. If you have a food allergy or intolerance, please check this information before ordering and contact us at if anything is unclear. Our products are produced in facilities that handle other ingredients; where this is relevant it is stated on the product page.
Delivery timing. Delivery times given at checkout are estimates. We are not responsible for delays caused by carriers, customs, or events outside our reasonable control. However, risk in the goods remains with us until they are delivered to you — see Section 17.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trade marks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Acai Berry, its affiliates or licensors and are protected by copyright, trade mark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants you a licence or other rights under any patent, trade mark, copyright or other intellectual property of Acai Berry, Shopify or any third party. All rights not expressly granted are reserved.
Acai Berry's names, logos, product names, designs and slogans are trade marks of Acai Berry or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos and marks on the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be given access to third-party tools as part of the Services, which we neither monitor nor control.
You acknowledge that we provide access to such tools "as is" and "as available", without warranties or endorsement, and that your use of them is at your own risk. You should make sure you are familiar with, and approve of, the terms on which those tools are provided by the relevant third party.
We may offer new features through the Services in future. Those will also form part of the Services and be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating their content or accuracy. If you leave the Services to access them, you do so at your own risk.
Please review the third party's policies and practices before entering into any transaction with them. Complaints, claims or questions about third-party products and services should be directed to that third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Acai Berry 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 Acai Berry. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Acai Berry, 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 Acai Berry.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy https://acaiberryfoods.com/policies/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 privacy 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. Information you submit will be transmitted to and shared with Shopify and with third parties that may be located outside the United Kingdom, in order to provide services to you. Please see our Privacy Policy https://acaiberryfoods.com/policies/privacy-policy for details of how we, Shopify and our partners use your personal information, and of your rights under UK data protection law.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise send us any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.
You confirm that: (i) you own or have the necessary rights to the Feedback; (ii) you have disclosed any payment or incentive you received in connection with it; and (iii) it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it.
We may, but are not obliged to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes anyone's rights.
You agree that your Feedback will not infringe any third-party right, will not be unlawful, abusive or obscene, and will not contain any virus or malware. You may not use a false email address or misrepresent who you are. You are responsible for your Feedback and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges, transit times or availability. We may correct any errors, inaccuracies or omissions, and change or update information or cancel orders where information is inaccurate, at any time without prior notice, including after you have submitted your order.
Where we cancel an order for this reason after you have paid, we will refund you in full.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to break any applicable law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, use or re-use any material that does not comply with these Terms; (g) to send unsolicited advertising or promotional material, including junk mail or spam; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services, or that may harm Acai Berry, Shopify or users of the Services.
You also agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part 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 or data-extraction tool, AI tool (such as agentic AI) or other automated means to access the Services; or (f) interfere with, bypass or circumvent the security or authorisation features, robot exclusion headers, or other measures we use to restrict access to the Services.
We may suspend, disable or terminate your account if we determine that you have breached 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, and 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 behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (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 at any time, and you will remain liable for all amounts due up to and including the date of termination. Where you are a consumer, this does not affect any order you have already placed and we have accepted.
The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Your Statutory Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and 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 for general information purposes. We do not warrant that it is accurate, complete or useful, and any reliance you place on it is at your own risk.
Except as expressly stated by Acai Berry, and subject always to Section 17, the Services are provided "as is" and "as available", without representations, warranties or conditions of any kind, express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
SECTION 17 - YOUR STATUTORY RIGHTS AND LIMITATION OF LIABILITY
This section takes precedence over Sections 5, 16 and 18.
Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- defective products, under the Consumer Protection Act 1987;
- any other liability that cannot lawfully be excluded or limited.
If you are a consumer, you have statutory rights that cannot be excluded. Under the Consumer Rights Act 2015, the goods we supply must be of satisfactory quality, fit for purpose and as described. If they are not, you are entitled to a remedy regardless of anything else in these Terms. Under section 29 of that Act, the goods remain at our risk until they are delivered into your physical possession — not from the point we hand them to a carrier.
Nothing in these Terms affects your rights under our Refund Policy https://acaiberryfoods.com/policies/refund-policy or under applicable consumer law.
Subject to the paragraphs above, and to the fullest extent permitted by law, Acai Berry and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify and its affiliates, will not be liable for any indirect, incidental, special or consequential loss, including loss of profit, revenue, savings or data, arising from your use of the Services or any products purchased through them.
Where we are liable to you, our total liability in connection with any order will not exceed the total amount paid by you for that order, except where the law does not permit such a limit.
SECTION 18 - INDEMNIFICATION
If you use the Services in the course of a business, you agree to indemnify and hold harmless Acai Berry, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms of Service, (2) your breach 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 such claim. We may control the defence and settlement of the claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defence of any such claim.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable part will be treated as severed. This will not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, including any prior versions of the Terms of Service.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations, provided this does not reduce your rights under them.
SECTION 22 - GOVERNING LAW
These Terms of Service, and any dispute or claim arising out of or in connection with them, are governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of the country in which you live. If you are a consumer resident outside the United Kingdom, you retain the benefit of any mandatory consumer protection rules of the country in which you live.
SECTION 23 - HEADINGS
The headings used in this agreement are 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 the Terms of Service at any time on this page.
We may update, change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically. We will notify you of any material changes in accordance with applicable law, and those changes will take effect on the date specified in the notice. Orders placed before a change takes effect are governed by the Terms in force at the time of the order.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at .