Terms of Service - Thriving Berries

Welcome to Thriving Berries Ltd. By using our website and purchasing or subscribing to our services, you agree to the following Terms of Service.

Company Details:

Company Name: Thriving Berries Ltd
Registered Office: Unit 2, 2 Bridge Street, Athlone, Westmeath, Ireland
Company Number: 800282
Contact Email: hello@thrivingberries.ie

1. Eligibility

You must be at least 18 years old or have parental/guardian consent to use our site and subscribe to our services.

2. Subscriptions, Bi-Monthly Release Cycle, and Payments

A. Subscription Models. We offer three tier options:
Free Tier: Access to one single digital activity every two months at no cost.
Digital Full Pack: The complete digital printable PDF experience delivered electronically via email.
Digital + Physical Pack (Ireland Only): Includes full access to the digital printable PDF pack plus a physical pack delivered by post. Physical packs are printed on premium high GSM paper stock, delivered in a custom Thriving Berries presentation folder, and include standard postal delivery within Ireland.
B. Bi-Monthly Release Schedule. Thriving Berries operates on a bi-monthly release model (one pack every two months). The six dual-month release seasons per calendar year are:
December & January · February & March · April & May · June & July · August & September · October & November
C. Recurring Billing Cycle. Paid subscriptions are billed automatically every two months in advance at the price displayed during checkout. Recurring billing takes place on the 1st calendar day of each release month (1st December, 1st February, 1st April, 1st June, 1st August, and 1st October).
D. Initial Subscription Billing & Mid-Cycle Purchases. When you purchase a subscription:
Your initial payment is processed immediately on the date of purchase.
Digital Access: Your digital pack is delivered immediately to your registered email address upon payment confirmation.
Physical Packs: Physical packs are dispatched by post within 5 working days of successful payment confirmation.
Subsequent recurring payments will align with our standard bi-monthly billing schedule on the 1st day of the next scheduled release month. Each payment buys a complete pack: if you subscribe late in a cycle, you will receive the current pack straight away and be charged again on the next release date when the new pack is ready, so you receive two complete packs in quick succession.
Example: If you subscribe on 30th November, you will be charged on that day and immediately receive access to the October & November pack (with physical delivery dispatched within 5 working days). Your subscription will then renew on 1st December for the December & January pack, and your next charge will occur on 1st December.
E. Management & Price Changes. All payments are processed securely via Stripe. You can manage or cancel your subscription at any time through your Stripe Customer Portal.
We reserve the right to adjust our subscription fees. We will provide active subscribers with at least 30 days written notice via email before any price change takes effect on an existing subscription. If you do not accept a price change, you can cancel before it takes effect and you will not be charged at the new price.

3. Consumer Rights, Cancellation, and Right of Withdrawal

A. Digital Content Tier (Digital Full Pack).
Under the EU Consumer Rights Directive (2011/83/EU) and the Irish Consumer Rights Act 2022, the 14-day statutory right of withdrawal does not apply to digital content supplied non-tangibly once performance/delivery has begun with your prior express consent.
By purchasing a Digital Full Pack subscription, you expressly consent to immediate delivery of the digital content and acknowledge that you lose your right of withdrawal once the digital content has been delivered to your email inbox. We do not offer refunds or prorated credits for a change of mind, or for partial bi-monthly periods, once digital delivery has occurred.
B. Physical Goods Tier (Digital + Physical Pack - Ireland Only).
For subscribers purchasing the Digital + Physical Pack, your order includes tangible physical goods delivered to your address in Ireland.
14 Day Statutory Right of Cancellation: Under Irish and EU consumer protection law, you have the right to cancel your purchase of physical goods within 14 days without giving any reason. The 14 day cancellation period begins on the day you receive physical possession of the physical pack.
How to Exercise Cancellation: To exercise your right to cancel a physical pack order, you must notify us in writing by emailing hello@thrivingberries.ie within the 14 day period.
Return Conditions: You are welcome to inspect the pack and handle it as you would in a shop. Please send it back complete, and in its presentation folder if you still have it, within 14 days of notifying us of your cancellation. You are responsible for paying the direct cost of return postage. A pack that has been written in, cut up, or otherwise used has lost its resale value, so we will reduce the refund to reflect that.
Digital Allocation Deductions: Because the Digital + Physical Pack includes immediate digital access upon purchase, if you cancel a physical pack purchase after downloading or receiving the digital PDF content, the refund is limited to the physical component, calculated as the difference between the Digital + Physical Pack price and the standalone Digital Full Pack price for that billing period. You keep the digital content you have already received, and the refund is reduced further to reflect any loss of value in the returned physical pack.
Refund Processing: Approved refunds are processed via Stripe using your original payment method within 14 days of you informing us of your cancellation. We may withhold the refund until we have received the returned goods, or you have provided evidence of having sent them back.
C. Faulty or Damaged Items (All Tiers).
If your physical pack arrives damaged, incomplete, or not as described, or your digital files are corrupted or incomplete, you are entitled to a replacement or a refund under the Consumer Rights Act 2022. We will offer a free replacement first, or a refund if you prefer.
See our Refund & Cancellation Policy for how to report a problem and how refunds are processed. Nothing in this section affects your statutory rights where goods or digital content are faulty, damaged, or not as described.

4. Intellectual Property

All materials on this site and inside our packs, including but not limited to digital PDFs, physical worksheets, activity illustrations, graphics, and branding, are the exclusive intellectual property of Thriving Berries Ltd.
You may not copy, reproduce, resell, redistribute, or share our materials with third parties without our explicit written permission. All materials are strictly for non-commercial personal use.

5. Disclaimer of Liability & Adult Supervision

Educational & Recreational Use: Our products are designed strictly for educational and entertainment purposes.
Mandatory Adult Supervision: All activities, tools, crafts, and suggestions must be conducted under the direct supervision of a responsible adult at all times. Adults are solely responsible for evaluating the suitability of materials, scissors, cutouts, small parts, and setup for their specific child's age and abilities.
Limitation of Liability: Adults are responsible for choosing activities suited to their child, for supervising all use, and for the safe handling of scissors, cutouts, and small parts. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.
Non Curriculum Resource: Our resources do not constitute a formal academic curriculum and are not aligned with the Irish Primary School Curriculum or any formal educational framework.

6. Privacy, Data Protection, and Physical Shipping

Your privacy is important to us. Your personal data is handled in strict compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
For subscribers purchasing physical packs, we collect full shipping details (name, delivery address, county, and Eircode). This information is strictly used for fulfilling, packaging, and dispatching physical orders.
Subscriber email data and delivery records are securely processed via our service providers, including Stripe, EmailOctopus, Make.com, and Cloudflare.
Please consult our Privacy Policy for detailed information on how we manage, store, and protect your data.

7. International Users

Physical packs are strictly limited to delivery addresses within Ireland. If you access our site from outside Ireland, you agree to comply with all applicable local laws governing digital purchases.

8. Changes to These Terms

We may update these Terms of Service from time to time to reflect operational or legal changes. For material changes, we will notify active subscribers by email at least 30 days prior to the update taking effect. Continued use of our site or services after changes take effect constitutes acceptance of the updated Terms.

9. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Ireland. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland. As an EU consumer, you also retain any mandatory protections afforded to you by the laws of your country of residence.

10. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11. Contact Us

If you have any questions or concerns regarding these Terms of Service, please contact us at:
hello@thrivingberries.ie