Terms of Service
Effective
These terms are the agreement between you and BerryTree LLC ("we"), which runs Berry Tree. You snap a photo of something you need; we work out what it is, find a seller, buy it and get it to you. By creating an account or placing an order you agree to these terms. If you don't agree, please don't order.
What we do
Berry Tree is a purchasing service. You buy from us: we are the seller of record on your order, and we buy the item from a supplier on your behalf and have it delivered to you. We choose the supplier, and you never deal with them. Items come with whatever warranty their maker gives.
Identifying and pricing your item
We use artificial intelligence to work out what's in your photo and to search for sellers, and it can be wrong: it may name the wrong item or a different version of it, read a price wrongly, or miss that an item is out of stock. Check the item and the details on the card before you order, and add a note or a part number when a detail matters. When no seller shows a picture of the item, the picture on its card may be your own item drawn on white by AI, which can differ from the one the seller has: the card's details say what you'd get. If we misidentify your item and what arrives isn't what you photographed, that counts as a wrong item under Returns and refunds below. A price we show is an offer, which we confirm when we buy the item. If the item or the price turns out to be different when we go to buy it, we don't buy it: we show you the new price on your order's page and ask you to confirm your order again, and the hold on your card is released meanwhile.
Furnishing a room
When you send a photo of a room to furnish, our AI plans a few pieces for it, and we search for each one as we would for an item in a photo. The pieces are the closest we found to what we planned, not exact copies of anything, and the picture of your room with the pieces we found is drawn by AI, or sketched from the sellers' own pictures: it shows the idea, not the exact size, colour or fit. Go by each piece's details before you buy it. Each piece is an order of its own, placed only when you buy it. A piece that arrives as its card showed it but doesn't suit the room goes back under the supplier's return policy, as any item does; one that isn't what its card showed counts as a wrong item.
Imagining an item
Imagine, on an item's card, makes pictures of the item with AI, from the seller's picture, your photos and what you ask for: on you, in your home, or however you like. A picture shows the idea, not the exact size, colour or fit: the item you'd get is the one its card and details describe, so go by those before you buy. An item that arrives as its card showed it but doesn't look the way a picture did goes back under the supplier's return policy, as any item does. Only send photos you have the right to use, of people who are happy for you to, and don't use Imagine to make pictures that are sexual, hateful, or meant to deceive or harass anyone. You can save and share the pictures it makes you; each carries Google's invisible SynthID watermark, which marks it as made by AI.
Orders and payment
- You place an order when you swipe right on a priced card or tap its Buy button, tap Buy on the Check and buy sheet, or tap Place order on the checkout sheet or on an order's page. An order placed from a card can be undone for 15 seconds right after; after that, and for an order placed on its page, cancel it as described below.
- When you order, we put a hold on your card for the order total. Your card is charged when we buy the item, not before. If the order is undone, cancelled or re-priced before that, the hold is released.
- A hold lapses after about 7 days. If we buy your item after the hold has lapsed, we charge your card the same total then.
- You need an address and a card your bank lets us charge, both saved on your Account page. Cards are kept by Stripe, our payment processor; we never see the number. You can remove your card there: nothing new is charged to it, and an order already placed keeps its hold on it and is charged when we buy the item, so the card stays with Stripe until each such hold has been taken or released, then comes off. If that hold has lapsed by the time we buy, we can't charge the order until you save a card again, and we'll contact you about it.
The price
The total shown when you order is what you pay; nothing is added later. It has three parts, each shown on the card or the order's page:
- The items: the price per unit times the quantity. The price per unit is the supplier's price, plus a markup when we set one. A single low-cost item is priced the way it's sold online, often as a pack.
- Delivery: what the seller charges to ship the order to you. Some sellers ship free from a certain amount; the card says from what quantity. An order you pick up in a store has no delivery charge.
- The service fee: our fee for finding, buying and delivering the order. It's the same however you pay, scales with the size of the order, and has a minimum.
A deal, then credit from invites or points, when you have them, come off that total, as described below. Prices are in USD.
Invites and credit
Your Account page has a link to invite friends, and says what an invite gives right now: a friend who creates an account from your link can get credit for joining, and you can get credit once their first order has been delivered and paid for, up to a total per account. What invites give can change.
- Credit comes off the total of the orders you place, a part at a time. On each order it takes off up to a share of our margin on that order (the part of the service fee we keep once the order's costs are paid), never more than you have, and the card or the order's page shows how much before you order. The rest waits for your next order.
- If an order is undone, re-priced or cancelled, the credit it used comes back to you as credit. A refund is of what you paid.
- Credit isn't money: it can't be paid out, transferred or sold, and it ends when you delete your account.
- Invites are for people you know who will use Berry Tree for themselves. Credit from accounts made to collect it, or from inviting yourself, isn't due, and we can take it off.
- We can change what invites give, or stop them, at any time. Credit already in your account stays yours to use as these terms describe.
Points
Every order earns points once it's delivered and paid for: a point for each cent of its total, 100 points a dollar. Your Account page shows your points and how many become $1.00 of credit right now; that credit comes off your orders exactly as credit from invites does, as described above. A new account can start with some points. When some of what you paid for an order comes back to you, by a refund or through your bank, the order's points come back off your account, and when they had already become credit, your next orders' points make that up first. Points aren't money: they can't be paid out, transferred or sold, and they end when you delete your account. We can change what points are worth, or stop them, at any time; credit already in your account stays yours.
Deals
When we offer deals, the Deals page lists the ones you can use. A deal takes a stated amount off an order's total, and the card or the order's page shows it before you order.
- One deal per order, and each deal once per account unless it says otherwise. A first-order deal is also once per card and once per address.
- The deal comes off first, and credit takes off what's left of that order's share.
- If an order is undone, re-priced or cancelled, its deal comes back to you to use while it lasts, and after a re-price on that order for 7 days even if the deal has ended. A refund or a return doesn't give a deal back: a refund is of what you paid.
- Ending a deal doesn't change orders already placed.
- Deals have no cash value: they can't be paid out, transferred or sold. We can end a deal at any time.
- Nothing is given for allowing notifications, rating the app or reviewing it.
Cancelling
You can cancel an order until we buy the item: open it under Orders and tap Cancel order. The hold on your card is released. After we've bought the item, contact us: we cancel it with the supplier if we still can, and otherwise it's a return (see below). We may cancel an order ourselves, for example when the item can't be had or the price we found was wrong; any hold is released and any charge refunded.
Delivery
Items ship from the supplier, by the carrier the supplier uses, to the address on your order. Delivery times come from the supplier and the carrier and are estimates, not promises. Check where it goes before you order: your addresses are on your Account page, and once you've saved more than one, each order says which it goes to. We can't recover an item delivered to an address you gave us wrongly. Once the item ships, the order's page shows the carrier and the tracking number.
Store pickup
Store pickup is offered when you tell us you need an item today and we find a store near you that shows it in stock: the price we show is then that store's, which may be more than the cheapest online, and you can pick it up there or have it delivered. Any other price is an online seller's, so its order ships. What a store shows in stock is the store's word, not ours: an item can be gone by the time we order it, and same-day pickup is what we aim for, not a promise. If no store near you has it, the order ships as usual.
When you choose to pick it up, we order it for in-store pickup at that store, under the name and phone number on your order (so a pickup needs a phone number), and the order's page tells you where it's waiting and what to bring once it's ready. Bring photo ID. Stores hold an order for a limited time (usually a few days); an order the store cancels because it wasn't collected is treated as a return under the store's policy, and anything the store doesn't refund isn't refunded to you.
A pickup isn't ready the moment you order: we place the order with the store, then the store gets it ready. We tell you when it should be, from how long that usually takes us and what the store says about its own time, and the order's page says when it is. Please wait until it does before you head over. The time we give is an estimate; when it can't be ready before the store's pickup closes, we say it'll be ready the next day.
Returns and refunds
Returns follow the supplier's return policy, since the item comes from them: their return window and their rules on condition and restocking fees. Our team arranges the return with the supplier; you may have to ship the item back, and return shipping may be deducted from the refund when the supplier doesn't cover it. A refund after purchase depends on the supplier taking the item back. A wrong, damaged or missing item we make right, at no cost to you; an item we misidentified from your photo counts as wrong. Our Returns and Refunds policy has the details and is part of these terms.
Your account
- You need to be 18 or older and buying for yourself or your business. Give us a working email address and keep your password to yourself; what's done with your account is your responsibility until you tell us it was taken over.
- You can delete your account from the Account page once none of your orders is still being bought or delivered. Our privacy policy says what is deleted and what we keep for our books.
Acceptable use
- Order only items that are legal to buy, sell and ship to your address, and that you're allowed to have. We may refuse any item, for example weapons, controlled substances, hazardous goods or counterfeits, and we may ask what an item is for.
- Use Berry Tree to buy things you need. Don't resell our service or use it to buy for others as a business, and don't use it to copy, scrape or test our systems. Every photo costs us a search, so photos of things that aren't items for sale, or photos in bulk, can get an account closed.
- We can refuse or cancel an order, or close an account, that breaks these terms. Any hold is released, and any charge for an item we don't deliver is refunded.
What we're responsible for
We're responsible for getting you the item you ordered, as these terms describe. If something goes wrong with an order, our liability to you is limited to what you paid for that order, and we aren't liable for indirect losses, such as lost time, lost profit or the cost of not having the item, as far as the law allows. Berry Tree is provided as it is: the AI's identification and prices are our best effort, not a guarantee, which is why you check the item and we confirm the price before buying. Nothing in these terms takes away rights the law gives you that can't be given up.
Changes to these terms
If we change these terms, we'll post the new version on this page and change the date at the top. The terms in force when you place an order are the ones that apply to it. Using Berry Tree after a change means you agree to the new terms.
Governing law
These terms follow the law of Florida, and any dispute about them is heard by the courts there, unless the law where you live gives you a right to something else.
Contact
Questions about these terms or an order? Email us at support@berrytree.io. See also our Returns and Refunds policy, our privacy policy and our Support page.