Terms of service
BRIMWELL LLC
Terms of Service
Last updated: July 26, 2026
These Terms of Service (“Terms”) govern your access to and use of the Brimwell website, online store, content, features, products, and related services collectively referred to as the “Services.”
The Services are operated by Brimwell LLC (“Brimwell,” “we,” “us,” or “our”). Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to offer products and Services to you.
By visiting our website, placing an order, creating an account, or otherwise using the Services, you agree to these Terms and any additional policies referenced in them. Do not use the Services if you do not agree to these Terms.
Our Privacy Policy, Return Policy, Shipping Policy, and any other policies displayed on the website are incorporated into these Terms by reference.
1. Eligibility and Account Responsibilities
By using the Services, you represent that you are at least the age of majority in your state or place of residence, or that you are the age of majority and have authorized any minor dependents under your supervision to use the Services.
You agree to provide current, complete, and accurate account, billing, shipping, and purchase information. You are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account.
You must notify us promptly if you believe your account or payment information has been accessed or used without authorization.
2. Products and Product Information
We make reasonable efforts to display product descriptions, colors, materials, measurements, photographs, and other details accurately. However, colors and appearance may vary depending on lighting, photography, screen settings, device displays, manufacturing variations, and other factors.
Product descriptions and availability may be changed at any time without notice. We reserve the right to discontinue any product or limit the quantities available for purchase.
Unless expressly stated otherwise, product measurements are approximate. Customers are responsible for reviewing available sizing information before placing an order.
3. Orders and Acceptance
Your submission of an order is an offer to purchase. An order confirmation acknowledges that we received your order but does not necessarily mean that the order has been accepted.
We reserve the right, to the extent permitted by law, to refuse, limit, or cancel an order for reasons including:
- Product unavailability or inventory errors.
- Incorrect product, pricing, promotion, tax, or shipping information.
- Suspected fraud, unauthorized activity, or violation of these Terms.
- Orders that appear to be placed by resellers, distributors, or dealers without authorization.
- Shipping limitations or an inability to verify order information.
If we cancel an order after payment has been processed, we will issue an appropriate refund to the original payment method.
4. Prices, Payments, and Billing
Prices are displayed in U.S. dollars unless otherwise stated. Prices, discounts, promotions, and product availability may change without notice.
Applicable taxes, shipping charges, duties, and other charges may be added during checkout. You agree to pay all amounts associated with your order.
By providing payment information, you represent that you are authorized to use the selected payment method and authorize Brimwell and its payment providers to charge the total amount shown at checkout.
We may correct pricing or listing errors and may cancel an affected order, including after an order has been submitted, when permitted by law.
5. Promotions, Discount Codes, and Gift Cards
Promotions and discount codes may be subject to separate terms, expiration dates, eligibility requirements, minimum purchase amounts, product exclusions, and usage limits. Unless stated otherwise, promotions cannot be combined, exchanged for cash, or applied retroactively.
We reserve the right to modify, suspend, or cancel a promotion when permitted by law, including in cases of error, misuse, fraud, or circumstances beyond our reasonable control.
Gift cards, if offered, are subject to the terms provided at purchase and applicable law.
6. Shipping and Delivery
Shipping dates and delivery estimates are estimates only and are not guaranteed unless expressly stated otherwise. Delays may occur because of carrier operations, weather, address issues, peak-volume periods, customs, or circumstances outside our reasonable control.
You are responsible for providing a complete and accurate shipping address. Additional charges caused by an incorrect or incomplete address may be your responsibility to the extent permitted by law.
Shipping methods, processing expectations, delivery issues, and any applicable international-shipping terms are described in our Shipping Policy.
7. Returns, Exchanges, and Refunds
Returns, exchanges, refunds, final-sale items, damaged items, and order problems are governed by our Return Policy. Please review that policy before purchasing.
Nothing in these Terms limits any non-waivable consumer right or remedy available under applicable law.
8. Preorders and Backorders
Products identified as preorders or backorders may have estimated shipping windows rather than firm shipment dates. Estimates may change because of production, freight, customs, supplier, or other delays.
Any product-specific preorder terms displayed on the product page or during checkout are incorporated into these Terms. If a preorder is substantially delayed, we may provide an update or options as required by applicable law.
9. Personal Use and Resale
Products purchased through the Services are intended for personal use unless we approve another use in writing. You may not purchase products for unauthorized resale, commercial redistribution, or export in violation of applicable law.
Wholesale inquiries may be directed to shopbrimwell@gmail.com.
10. Intellectual Property
The Services and their contents—including the Brimwell name, logos, trademarks, product names, graphics, photographs, videos, text, designs, page layouts, software, and other materials—are owned by or licensed to Brimwell and are protected by intellectual-property laws.
We grant you a limited, personal, non-exclusive, non-transferable, and revocable right to access and use the Services for lawful, noncommercial shopping purposes.
Without our prior written permission, you may not reproduce, copy, modify, distribute, sell, license, publicly display, publish, scrape, download, reverse-engineer, or commercially exploit any part of the Services, except as permitted by applicable law.
11. Reviews, Submissions, and User Content
If you submit a review, photograph, comment, idea, feedback, or other content (“User Content”), you represent that you have the right to provide it and that it does not violate any law, third-party right, or these Terms.
You retain ownership of your User Content. By submitting it to Brimwell, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, display, distribute, and promote that content in connection with Brimwell and the Services, subject to applicable law and our Privacy Policy.
We may remove or decline to publish User Content that we reasonably believe is unlawful, misleading, abusive, infringing, fraudulent, irrelevant, or otherwise inappropriate.
12. Prohibited Uses
You may not use the Services:
- For an unlawful, fraudulent, deceptive, abusive, or malicious purpose.
- To violate any law, regulation, intellectual-property right, privacy right, or other right.
- To submit false or misleading information.
- To transmit malware, harmful code, or disruptive technology.
- To interfere with the security, operation, availability, or integrity of the Services.
- To scrape, crawl, harvest, or collect information through automated means without permission.
- To impersonate another person or misrepresent your identity or affiliation.
- To engage in payment fraud, promotion abuse, unauthorized resale, or order manipulation.
We may suspend or terminate access to the Services for a violation of these Terms.
13. Third-Party Tools, Services, and Links
The Services may provide access to third-party tools, payment services, social platforms, applications, websites, or links. Third-party services are governed by their own terms and privacy practices.
To the fullest extent permitted by law, Brimwell is not responsible for the content, availability, security, accuracy, or practices of third-party services. Your use of them is at your own discretion and risk.
14. Privacy
Our collection, use, and disclosure of personal information are described in our Privacy Policy. By using the Services, you acknowledge the practices described in that policy.
15. Errors, Inaccuracies, and Omissions
The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability.
We reserve the right to correct errors, update information, and cancel affected orders when permitted by applicable law. We do not undertake a general obligation to update information except as required by law.
16. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT MADE AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, BRIMWELL DISCLAIMS IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRIMWELL LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, BRIMWELL’S TOTAL LIABILITY FOR A CLAIM ARISING FROM OR RELATING TO A PRODUCT, ORDER, THE SERVICES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO BRIMWELL FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM OR $100.
These limitations do not apply to liability that cannot legally be excluded or limited. Some jurisdictions do not permit certain limitations, so portions of this section may not apply to you.
18. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Brimwell LLC and its owners, officers, employees, agents, affiliates, contractors, licensors, and service providers from third-party claims, damages, liabilities, losses, and reasonable expenses arising from your unlawful misuse of the Services, your User Content, or your material violation of these Terms.
19. Termination
These Terms remain effective unless terminated by you or us. You may stop using the Services at any time.
We may suspend or terminate your access to the Services if we reasonably believe you violated these Terms, engaged in fraud or unlawful conduct, or created risk or possible legal exposure for Brimwell or others.
Provisions that by their nature should survive termination will continue to apply, including intellectual-property, disclaimer, limitation-of-liability, indemnification, governing-law, and dispute provisions.
20. Governing Law and Disputes
These Terms and any dispute arising from or relating to them or the Services are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.
To the extent a dispute may be brought in court and applicable law permits the parties to select a forum, the parties consent to the state and federal courts located in Travis County, Texas.
Before filing a formal claim, we encourage you to contact us so we can attempt to resolve the issue informally.
21. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
22. No Waiver
Our failure to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision later.
23. Entire Agreement
These Terms and the policies incorporated by reference constitute the entire agreement between you and Brimwell concerning the Services and supersede prior or contemporaneous communications on the same subject.
24. Changes to These Terms
We may update these Terms from time to time for operational, business, legal, or regulatory reasons. The revised Terms will be posted on this page with an updated “Last updated” date.
Your continued use of the Services after revised Terms become effective means you accept the updated Terms, to the extent permitted by law.
25. Contact Information
Questions about these Terms may be sent to:
Brimwell LLC
12600 Hill Country Blvd STE R130, #5250
Bee Cave, TX 78738
United States
Email: shopbrimwell@gmail.com