PERKY & POURED

TERMS OF SERVICE

Last updated: October 26, 2026

OVERVIEW

Welcome to Perky & Poured!

Perky & Poured is a coffee and tea brand operated by Castro Stores LLC, an Arizona limited liability company.

The terms "we," "us," and "our" refer to Perky & Poured and Castro Stores LLC, as applicable.

We operate this website and online store, including its content, features, products, and related services (collectively, the "Services"). Our store is powered by Shopify, which provides the ecommerce technology used to offer these Services.

These Terms of Service ("Terms"), together with the policies referenced throughout this document, establish the conditions governing your access to and use of our Services.

Please read these Terms carefully. They contain important information concerning purchases, subscriptions, warranty disclaimers, limitations of liability, and your legal rights.

By accessing or using our Services, you agree to these Terms and our Privacy Policy.

If you do not agree, please discontinue use of our Services.

SECTION 1 — ACCESS AND ACCOUNTS

By using our Services, you represent that you are at least the age of majority in your state of residence or are using the Services under the supervision and consent of a parent or legal guardian, as permitted by applicable law.

You may be required to provide certain information when browsing, creating an account, or purchasing products, including your name, email address, payment information, and shipping details.

You agree to provide accurate, current, and complete information and to update it when necessary.

You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account, except where applicable law provides otherwise.

You may not sell, assign, or transfer your customer account to another person without our authorization.

We reserve the right to restrict or terminate accounts that violate these Terms, subject to applicable law.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to describe and represent our products accurately.

However, product colors, packaging appearance, and other visual details may vary depending on your device settings, screen, or production variations.

Product descriptions, availability, and packaging may change from time to time.

We reserve the right to modify or discontinue products and limit quantities or availability when reasonably necessary.

Product descriptions and statements regarding ingredients, origins, roasting methods, flavors, or other characteristics are based on information available for the applicable product.

Individual taste preferences and experiences may vary.

Nothing in this section limits any product warranties, consumer protections, or other rights that cannot legally be excluded.

SECTION 3 — ORDERS

Placing an order constitutes an offer to purchase the products selected.

We reserve the right to accept, reject, or cancel an order when permitted by applicable law, including circumstances involving product unavailability, incorrect information, suspected fraud, or payment difficulties.

Order acceptance is subject to confirmation and successful payment processing.

Please review your selections, shipping address, and contact information before completing checkout.

Because orders may enter fulfillment shortly after being placed, changes or cancellations may not always be possible once processing begins.

If an order is rejected, modified, or canceled, we will attempt to notify you using the contact information provided.

Purchases are subject to our Return & Refund Policy.

Our products are generally offered for personal or household use rather than unauthorized commercial resale or export.

SECTION 4 — PRICES, PAYMENTS, AND BILLING

All prices displayed on our website are in U.S. dollars unless otherwise indicated.

Prices, discounts, and promotions may change without advance notice.

The price applicable to a one-time purchase is the price confirmed during checkout, subject to correction of errors as permitted by law.

Applicable taxes and shipping charges are calculated separately and displayed before an order is completed.

By providing payment information, you represent that you are authorized to use the selected payment method and authorize payment for the purchases you make.

We use Shopify and supported payment processors to facilitate transactions.

Recurring Subscriptions

Certain products may be purchased through our optional Subscribe & Save program.

By selecting a subscription and completing checkout, you expressly authorize Perky & Poured to charge your selected payment method automatically at the billing frequency and price disclosed during checkout.

Our current subscription option provides:

• Delivery every four weeks.

• A 10% discount on eligible subscription products.

• Automatic recurring billing until cancellation.

Applicable shipping charges and taxes are calculated separately.

Subscription pricing, applicable charges, and future billing terms are disclosed during checkout and through available customer subscription information.

Subscription charges may change only in accordance with applicable law, required notices, and the terms disclosed to customers.

Customers may manage their subscriptions through their customer account or available subscription-management links.

Available management options may include skipping deliveries, pausing or resuming eligible subscriptions, updating payment information, and canceling subscriptions.

Subscriptions may be canceled at any time without a subscription cancellation fee.

Cancellation stops future recurring subscription charges and deliveries but does not automatically cancel or refund an order already charged or submitted for fulfillment.

For full details, review our Subscription Cancellation Policy.

For subscription assistance, contact support@perkyandpoured.com.

SECTION 5 — SHIPPING AND DELIVERY

Perky & Poured currently ships to all 50 U.S. states and Washington, D.C., including Alaska and Hawaii.

We do not currently offer international shipping or shipping to U.S. territories.

Shipping options, including free standard shipping where offered, depend on the products ordered, their fulfillment arrangements, and the delivery destination.

Coffee and loose-leaf tea are fulfilled through our coffee and tea supplier. Merchandise and other product lines may have separate shipping terms.

Any applicable shipping charges are displayed at checkout before you complete your purchase.

Shipping eligibility and applicable charges are calculated during checkout.

Coffee and tea orders are processed through our fulfillment partner.

Delivery times displayed during checkout are estimates and are not guaranteed arrival dates.

Actual processing and delivery times may vary due to carrier operations, location, weather, holidays, or circumstances outside our reasonable control.

When available, tracking information is provided through order notifications or applicable account information.

If your order is lost, damaged, delayed, or marked delivered but cannot be located, please contact support@perkyandpoured.com.

We will review the circumstances and determine an appropriate resolution under our applicable policies and legal obligations.

For additional information, review our Shipping Policy.

Nothing in this section excludes or limits consumer rights that cannot legally be waived.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including their original text, graphics, product artwork, logos, designs, photographs, videos, and other content, are owned by Castro Stores LLC, used with authorization, or licensed from applicable rights holders.

Such materials may be protected by copyright, trademark, and other intellectual property laws.

Perky & Poured's brand identity, product names, visual assets, logos, and original creative materials may not be reproduced, distributed, commercially exploited, or used to imply affiliation without appropriate authorization.

These Terms permit personal, lawful, noncommercial use of the Services.

No provision of these Terms grants ownership or additional intellectual property rights in materials belonging to Perky & Poured, Shopify, or any third party.

Unauthorized use may violate applicable intellectual property laws.

Nothing in these Terms restricts uses permitted by law.

SECTION 7 — OPTIONAL THIRD-PARTY TOOLS

Our Services may include features or tools provided by third parties.

These tools may be governed by additional terms, privacy practices, or service conditions established by their respective providers.

We do not necessarily control their independent operation or availability.

To the extent permitted by law, third-party tools may be provided on an "as available" basis without additional warranties from Perky & Poured.

You are responsible for reviewing any third-party terms applicable to services you choose to use.

We may introduce, modify, or discontinue optional tools or features in the future.

SECTION 8 — THIRD-PARTY LINKS

Our website may contain links to third-party websites, services, or content.

These links are provided for convenience or informational purposes.

Unless otherwise stated, Perky & Poured does not control or endorse third-party websites or their independently offered products or services.

We are not responsible for the accuracy, security, availability, or practices of third-party sites, except to the extent required by applicable law.

You should review their relevant policies before providing information or completing transactions.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Perky & Poured 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 Perky & Poured.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Perky & Poured, 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 Perky & Poured, to the extent permitted by applicable law.

SECTION 10 — PRIVACY POLICY

Personal information collected through our Services is subject to our Privacy Policy.

Our store is hosted by Shopify, which processes certain personal information to provide and improve its services.

Information submitted through our website may be processed by Shopify and authorized service providers, including providers located outside your state or country of residence.

Depending on applicable Shopify functionality and privacy settings, processing may also incorporate information about interactions with other merchants or Shopify services.

Please review our Privacy Policy and Shopify's Consumer Privacy Policy for additional information about data collection, processing, sharing, and available privacy rights.

SECTION 11 — FEEDBACK AND REVIEWS

If you voluntarily submit reviews, suggestions, comments, photographs, ideas, or other content ("Feedback"), you grant Perky & Poured a nonexclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, distribute, adapt, and publish that Feedback for lawful business purposes, including operating and promoting the Services.

This license does not transfer ownership of your original content to us.

You represent that you have the necessary rights to submit the Feedback and that it does not violate applicable laws or third-party rights.

You agree not to submit content that is knowingly false, defamatory, unlawful, infringing, threatening, or otherwise prohibited by these Terms.

We may remove or moderate Feedback when reasonably necessary to enforce these Terms or comply with applicable law.

Any incentives or compensation associated with customer reviews must be disclosed as required by applicable law.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our Services may contain typographical errors, inaccuracies, or omissions involving product information, prices, discounts, availability, shipping, or other details.

We reserve the right to correct such errors and update information when reasonably necessary.

If a material error affects an order, we may contact you regarding available options, including cancellation or refund where appropriate.

Corrections and cancellations remain subject to applicable consumer protection laws.

SECTION 13 — PROHIBITED USES

You agree to use our Services only for lawful purposes.

You may not use our Services to:

• Violate applicable laws or regulations.

• Infringe intellectual property or privacy rights.

• Engage in harassment, threats, fraud, impersonation, or other unlawful conduct.

• Submit false or misleading information.

• Introduce malicious code, viruses, or security threats.

• Attempt unauthorized access to accounts or systems.

• Collect personal information without authorization.

• Distribute unsolicited commercial communications or spam.

• Interfere with the security, operation, or functionality of the Services.

• Copy, scrape, exploit, or commercially redistribute protected website content without authorization or other lawful justification.

Automated access is additionally subject to Section 14.

We may suspend or restrict access when reasonably necessary to protect our Services, customers, or legal rights, subject to applicable law.

SECTION 14 — AUTOMATED AGENTS

This section applies to automated or semi-autonomous software systems ("Agents") that access, interact with, or perform actions through our Services.

An Agent includes software or services that act on behalf of a person or organization without continuous direct supervision.

Agents must comply with applicable laws, these Terms, and any technical access restrictions imposed by the Services.

Unless otherwise authorized, automated systems must:

1. Accurately identify themselves when accessing the Services, including identifying the Agent through an appropriate user-agent string.

2. Avoid falsely representing automated activity as human activity.

3. Respond truthfully to requests concerning whether interactions are automated.

4. Respect CAPTCHA systems and other legitimate access controls.

5. Not circumvent security, rate limits, or restrictions intended to protect the Services.

6. Discontinue automated access when expressly instructed or technically prohibited.

We may impose reasonable technical restrictions on automated access when necessary to protect the Services or comply with applicable law.

Nothing in this section prohibits activity expressly permitted by law.

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services when you materially violate these Terms, engage in unlawful conduct, or threaten the security or operation of the Services, subject to applicable law.

Termination does not automatically eliminate payment obligations incurred before termination or rights and remedies available under applicable law.

Sections concerning intellectual property, liability, privacy, dispute resolution, and other provisions that by their nature should survive termination will remain effective as legally appropriate.

SECTION 16 — DISCLAIMER OF WARRANTIES

THE SERVICES AND INFORMATION MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT AS EXPRESSLY PROVIDED OR LEGALLY REQUIRED, PERKY & POURED DISCLAIMS WARRANTIES RELATING TO THE AVAILABILITY, ACCURACY, OR UNINTERRUPTED OPERATION OF THE SERVICES.

WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS OPERATE WITHOUT INTERRUPTION, DELAY, OR ERROR.

CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF PARTICULAR WARRANTIES.

NOTHING IN THESE TERMS EXCLUDES WARRANTIES, PRODUCT-SAFETY OBLIGATIONS, OR OTHER RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERKY & POURED, CASTRO STORES LLC, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE USE OF THE SERVICES, EXCEPT WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW.

THIS MAY INCLUDE LOST PROFITS, LOST REVENUE, DATA LOSS, OR BUSINESS INTERRUPTION.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, PERSONAL INJURY, PRODUCT LIABILITY, OR OTHER MATTERS TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY, AND THOSE RESTRICTIONS WILL APPLY WHERE REQUIRED.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Perky & Poured, Castro Stores LLC, Shopify, and their respective affiliates, officers, employees, agents, and service providers from third-party claims, losses, liabilities, and reasonable legal expenses arising from:

1. Your material breach of these Terms.

2. Your unlawful use of the Services.

3. Your infringement of another person's intellectual property or other legal rights.

This obligation applies only to the extent legally enforceable and does not eliminate consumer protections or rights that cannot lawfully be waived.

We will provide reasonable notice of applicable claims when practicable and permit your participation in their defense as required by law.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be limited or severed to the extent necessary.

The remaining provisions will continue to apply to the fullest extent permitted by law.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Failure to enforce a provision of these Terms does not constitute a permanent waiver of our right to enforce it.

These Terms, together with the policies expressly incorporated by reference and applicable purchase-specific disclosures, constitute the agreement governing your use of the Services.

If a specific subscription, promotional, or purchase term conflicts with a general provision of these Terms, the more specific term will govern where permitted by law.

Nothing in this section limits rights that cannot lawfully be waived.

SECTION 21 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where otherwise permitted by law.

We may transfer or assign these Terms in connection with a lawful business reorganization, sale, or transfer, subject to applicable notice, privacy, and consumer protection requirements.

SECTION 22 — GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict-of-law principles, except where mandatory laws provide otherwise.

Subject to applicable law, disputes arising from or relating to these Terms shall be brought before courts of competent jurisdiction in Arizona.

Nothing in this section restricts consumer rights, remedies, or venue protections that cannot lawfully be waived.

SECTION 23 — HEADINGS

Headings are provided for convenience and readability only.

They do not change or limit the interpretation of these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

We may update these Terms periodically to reflect changes to our Services, operations, legal obligations, or business practices.

The current version will be available on this page with its most recent update date.

Material changes will be communicated when required by applicable law.

Changes to these Terms will not automatically modify subscription pricing or recurring billing authorizations contrary to applicable law or the terms presented at checkout.

Your continued use of the Services after changes become effective may constitute acceptance where legally permitted.

SECTION 25 — CONTACT INFORMATION

Perky & Poured is a coffee and tea brand operated by Castro Stores LLC.

Trading name: Perky & Poured

Legal business entity: Castro Stores LLC

State of organization: Arizona, United States

Website: https://perkyandpoured.com

Customer support: support@perkyandpoured.com

Customer contact page: https://perkyandpoured.com/pages/contact

For questions regarding these Terms of Service, orders, or customer service, please contact us using the information above.

Perky & Poured

Good Taste Has Personality.