Terms of Service

Last Updated: Today

Welcome to Ever Brew. These Terms of Service govern your access to and use of our website, products, checkout, services, content, and any purchases made through our store.

By visiting our website or purchasing from Ever Brew, you agree to be bound by these Terms of Service. If you do not agree with these terms, you should not use our website or purchase from our store.

1. Overview

Ever Brew operates an online ecommerce store that offers coffee-related products and home brewing appliances to customers in the United States.

Throughout these Terms, the words “we,” “us,” and “our” refer to Ever Brew. The words “you,” “your,” and “customer” refer to any visitor, user, or purchaser of our website.

These Terms apply to all users of the website, including browsers, customers, and anyone who interacts with our store.

2. Online Store Terms

By using our website, you represent that you are at least the age of majority in your state or place of residence, or that you have permission from a parent or legal guardian to use this website.

You agree not to use our products, website, or services for any illegal, unauthorized, fraudulent, or abusive purpose.

You may not:

• Violate any applicable federal, state, or local laws

• Use our website to commit fraud

• Interfere with the security or functionality of the website

• Attempt to gain unauthorized access to our systems

• Upload or transmit viruses, malware, or harmful code

• Copy, reproduce, or exploit any part of the website without permission

• Use our brand, content, or website materials in a misleading way

Violation of these Terms may result in cancellation of orders, suspension of access, or other appropriate action.

3. Product Information

We do our best to display product descriptions, images, features, specifications, pricing, and availability as accurately as possible.

However, we do not guarantee that all product descriptions, images, colors, dimensions, packaging, or other details will always be completely accurate, current, or error-free.

Product images may vary depending on lighting, screen settings, supplier updates, packaging changes, manufacturing updates, or availability.

Ever Brew reserves the right to correct errors, update product information, or change product details at any time without prior notice.

4. Brand and Trademark Disclaimer

Ever Brew may sell products manufactured by third-party brands, including products from Ninja or related brands.

Ever Brew is an independent online retailer and is not affiliated with, endorsed by, sponsored by, or officially connected to Ninja, SharkNinja, or any related trademark owner unless expressly stated.

All third-party brand names, product names, logos, trademarks, and images belong to their respective owners. They are used only for product identification and description purposes.

5. Pricing and Availability

All prices are listed in U.S. dollars unless otherwise stated.

We reserve the right to change prices, discounts, product availability, offers, promotions, and product listings at any time without notice.

We may limit product quantities or discontinue products at any time.

A product being listed on our website does not guarantee availability. If a product becomes unavailable after you place an order, we may contact you with available options, including a replacement, delayed shipment, cancellation, or refund.

6. Orders

When you place an order, you agree that all information you provide is accurate, complete, and current.

This includes your name, email address, phone number, billing address, shipping address, and payment details.

After placing an order, you may receive an order confirmation email. This confirmation does not guarantee acceptance of your order. We reserve the right to accept, reject, cancel, or limit any order at our discretion.

We may cancel or refuse an order if:

• The product is unavailable

• The payment is declined or flagged

• The order appears fraudulent or suspicious

• The shipping address is incomplete or invalid

• There is an error in product pricing or product information

• The order violates these Terms or our store policies

If we cancel an order after payment has been made, we will issue a refund to the original payment method, unless otherwise required by law.

7. Payment

By submitting payment information, you represent and warrant that you are authorized to use the selected payment method.

Payments are processed through secure third-party payment providers. Ever Brew does not directly store full credit card numbers or complete payment credentials.

We are not responsible for delays, errors, holds, declines, or other issues caused by your bank, card issuer, payment provider, or fraud prevention system.

8. Discounts and Promotional Offers

From time to time, Ever Brew may offer discounts, coupon codes, promotional pricing, limited-time offers, or special deals.

Promotions may be changed, limited, suspended, or discontinued at any time without notice.

Discount codes:

• Must be used before checkout is completed

• May not be applied retroactively

• May be limited to certain products or time periods

• May not be combined with other offers unless stated

• May be limited to one use per customer

• May be cancelled if used fraudulently or in violation of the offer terms

Ever Brew reserves the right to refuse, cancel, or modify promotional offers in cases of abuse, fraud, technical errors, or unauthorized use.

9. Shipping and Delivery

Shipping times, delivery estimates, and processing times may vary depending on product availability, shipping carrier performance, fulfillment location, holidays, weather, address accuracy, and other factors outside our control.

We will make reasonable efforts to ship orders within the timeframe stated on our website or during checkout.

If no specific shipping timeframe is provided, we will make reasonable efforts to ship your order within the applicable period required by law.

If your order is delayed beyond the stated shipping timeframe, we may contact you with available options, which may include accepting the revised shipping date or cancelling the order for a refund.

Ever Brew is not responsible for delays caused by:

• Shipping carriers

• Incorrect or incomplete addresses

• Weather or natural events

• Customs or regulatory delays, if applicable

• High order volume

• Product availability issues

• Events outside our reasonable control

10. Address Accuracy

You are responsible for providing a complete and accurate shipping address at checkout.

Ever Brew is not responsible for orders that are delayed, returned, lost, or delivered incorrectly due to inaccurate, incomplete, or outdated shipping information provided by the customer.

If a package is returned to us due to an incorrect or incomplete address, refused delivery, or failure to claim the package, additional shipping fees may apply.

11. Risk of Loss

Once an order is transferred to the shipping carrier, the risk of loss may pass to the customer to the extent permitted by applicable law.

If tracking shows that a package was delivered, but you did not receive it, please check your mailbox, front desk, building office, neighbors, family members, or secure delivery areas.

We may assist with reviewing delivery issues, but Ever Brew is not responsible for packages marked as delivered by the carrier unless required by law.

12. Returns and Refunds

Returns and refunds are governed by our Return and Refund Policy.

By placing an order, you agree to review and follow our Return and Refund Policy, including any eligibility requirements, return windows, product condition requirements, return instructions, refund processing rules, and return shipping responsibilities.

Items that are used, damaged, missing parts, returned late, or returned without approval may not be eligible for a full refund.

13. Damaged, Defective, or Incorrect Items

Please inspect your order as soon as it arrives.

If your item arrives damaged, defective, or incorrect, you must contact us within the timeframe stated in our Return and Refund Policy.

We may request photos, videos, packaging images, labels, or other evidence to review the issue.

If approved, we may provide a replacement, refund, return authorization, or another appropriate resolution.

Damage caused by misuse, neglect, improper installation, unauthorized repair, failure to follow product instructions, or normal wear and tear is not considered a product defect.

14. Product Use and Safety

You agree to use all products according to the manufacturer’s instructions, warnings, manuals, and safety guidelines.

Coffee machines and brewing appliances may involve electricity, heat, water, pressure, steam, sharp components, or other safety considerations.

Ever Brew is not responsible for injury, damage, loss, or malfunction caused by:

• Misuse of the product

• Failure to follow instructions

• Improper setup or installation

• Unauthorized modifications

• Use with incompatible accessories

• Neglect or improper maintenance

• Accidental damage

• Commercial use where not intended by the manufacturer

Always read and follow all manufacturer instructions before using any product.

15. Manufacturer Warranty

Some products may include a manufacturer warranty. Any manufacturer warranty is provided by the manufacturer and is subject to the manufacturer’s own terms, conditions, limitations, and claim procedures.

Ever Brew may assist with order-related questions, but warranty claims, technical support, repairs, replacements, or manufacturer defects may need to be handled directly with the manufacturer where applicable.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws.

16. Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all orders placed through our store.

You agree to promptly update your account and other information, including your email address, billing address, shipping address, and payment information, so we can complete your transactions and contact you when needed.

We reserve the right to refuse or cancel any order if we believe the information provided is inaccurate, incomplete, fraudulent, or unauthorized.

17. Customer Reviews, Comments, and Submissions

If you submit reviews, testimonials, comments, photos, videos, feedback, suggestions, or other content to Ever Brew, you grant us a non-exclusive, royalty-free, worldwide right to use, reproduce, edit, publish, translate, distribute, and display that content for business, marketing, website, or customer experience purposes.

You agree that your submissions will not:

• Violate the rights of any third party

• Include false, misleading, abusive, obscene, or unlawful content

• Contain malware, spam, or harmful code

• Impersonate another person

• Misrepresent your experience with our products or services

We reserve the right to remove or moderate content that we believe violates these Terms or is otherwise inappropriate.

18. Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

By using our website, you acknowledge that your personal information may be collected, used, processed, and shared as described in our Privacy Policy.

19. Third-Party Tools and Services

Our website may use third-party tools, apps, plugins, payment processors, analytics providers, advertising platforms, shipping tools, or ecommerce services.

We do not control all third-party services and are not responsible for their performance, availability, policies, content, or actions.

Your use of third-party tools may be subject to separate terms and privacy policies from those providers.

20. Third-Party Links

Our website may include links to third-party websites, products, services, or resources.

These links are provided for convenience only. We are not responsible for the content, accuracy, privacy practices, policies, or actions of third-party websites.

Accessing third-party websites is at your own risk.

21. Prohibited Uses

You may not use our website, products, or services:

• For any unlawful purpose

• To violate any laws, regulations, or third-party rights

• To submit false or misleading information

• To commit fraud or unauthorized transactions

• To interfere with website security

• To transmit viruses, malware, or harmful code

• To collect or track personal information of others

• To spam, phish, scrape, crawl, or exploit the website

• To harass, abuse, insult, harm, defame, or discriminate

• To infringe upon intellectual property rights

• To bypass security features or access restrictions

We reserve the right to terminate your access or cancel transactions if you violate these prohibited uses.

22. Intellectual Property

All content on the Ever Brew website, including text, graphics, logos, design elements, images, videos, layouts, icons, product descriptions, and website materials, is owned by or licensed to Ever Brew or its respective owners.

You may not copy, reproduce, distribute, modify, sell, exploit, or use our website content without prior written permission.

Third-party trademarks, including product names and brand names, remain the property of their respective owners.

23. Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our website that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other details.

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, including after you have submitted an order.

We are not obligated to update, amend, or clarify information on the website except as required by law.

24. Disclaimer of Warranties

Our website and services are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, Ever Brew makes no warranties or representations that:

• The website will be uninterrupted, secure, or error-free

• Product information will always be complete, current, or error-free

• Website errors will be corrected immediately

• The website or server will be free of viruses or harmful components

• The results obtained from using the website will be accurate or reliable

Products sold through our store may be subject to warranties provided by the manufacturer, if applicable.

25. Limitation of Liability

To the fullest extent permitted by law, Ever Brew, its owners, employees, contractors, partners, suppliers, service providers, and affiliates shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the website, products, or services.

This includes, but is not limited to, damages related to:

• Website errors or downtime

• Product misuse

• Shipping delays

• Lost or stolen packages

• Third-party service failures

• Payment processing issues

• Unauthorized access

• Loss of data

• Loss of profits

• Personal injury or property damage caused by improper product use

Some states do not allow limitations of liability, so some of these limitations may not apply to you.

26. Indemnification

You agree to indemnify, defend, and hold harmless Ever Brew and its owners, employees, contractors, partners, suppliers, service providers, and affiliates from any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising out of:

• Your use of the website

• Your violation of these Terms

• Your violation of any law or third-party right

• Your misuse of any product

• Your fraudulent, abusive, or unauthorized conduct

• Any content or information you submit to us

27. Chargebacks and Payment Disputes

If you have an issue with an order, we encourage you to review our policies and request assistance before initiating a payment dispute.

Fraudulent or abusive chargebacks may result in order cancellation, account restrictions, refusal of future orders, or submission of evidence to the payment provider.

Nothing in this section limits your rights under applicable consumer protection laws or payment network rules.

28. Termination

These Terms remain in effect unless terminated by either you or Ever Brew.

You may stop using our website at any time.

We may terminate or restrict your access to our website, cancel orders, or refuse service if we believe you have violated these Terms, engaged in fraud, abused our policies, or used the website in a harmful or unlawful way.

Sections that by their nature should survive termination will remain in effect, including intellectual property, limitation of liability, indemnification, payment obligations, and dispute-related provisions.

29. Severability

If any part of these Terms is found to be unlawful, void, or unenforceable, that portion will be enforced to the maximum extent permitted by law, and the remaining portions will continue to be valid and enforceable.

30. Entire Agreement

These Terms of Service, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any other policies posted on our website, constitute the entire agreement between you and Ever Brew regarding your use of our website and purchases from our store.

31. Governing Law

These Terms and any separate agreements under which we provide products or services shall be governed by and interpreted in accordance with the laws of the United States and the applicable laws of the state listed below, without regard to conflict of law principles.

32. Dispute Resolution

Before filing a formal claim, you agree to first attempt to resolve any dispute with Ever Brew informally.

Any dispute, claim, or controversy arising from your use of our website, your purchase, or these Terms will be handled according to applicable law and any dispute resolution terms permitted in your state.

Ever Brew reserves the right to seek injunctive or equitable relief for misuse of our website, intellectual property violations, fraud, or security-related issues.

33. Changes to These Terms

We reserve the right to update, modify, or replace any part of these Terms of Service at any time.

The most current version will be posted on this page with the updated “Last Updated” date.

Your continued use of our website after any changes means you accept the updated Terms of Service.