Terms and Conditions of Farmhouse
Delivery QOZB, LLC..
Terms of Use
Last
Revised: December 15, 2024
Welcome to Farmhouse
Delivery! Farmhouse Delivery QOZB, LLC. is a delivery service, designed to
connect consumers and farmers by providing fresh local fruits, vegetables, and
meats to be delivered to you at your home.
The Farmhouse Delivery
website at https://www.farmhousedelivery.com/ together with any Applications, as defined
below, or any other website maintained by Farmhouse Delivery are referred to as
the “Website.” The Farmhouse Delivery Website, product
offerings prepared commercially on premises by Farmhouse Delivery, produce,
meats, and other product offerings produced by a third party stored and resold
by Farmhouse Delivery, and the delivery service is referred to collectively as
the “Service.”
The website is a
copyrighted work belonging to Farmhouse Delivery QOZB, LLC. (“Company”, “us”, “our”, and “we”). Certain features of the Service
may be subject to additional guidelines, terms, or rules, which will be posted
on the Service in connection with such features. All such additional terms,
guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use
(these “Terms” or this “Agreement”) set forth the legally
binding terms and conditions that govern your use of OUR Service AND ANY THIRD
PARTY SERVICE WITH WHOM WE HAVE SHARED ACCESS TO OUR WEBSITE OR USE TO PROVIDE
THE SERVICE TO YOU. By accessing or using our Service, you are accepting these
Terms AND THE COMPANY’S PRIVACY POLICY (on behalf of yourself or the entity or
person that you represent), and you represent and warrant that you have the
right, authority, and capacity to enter into these Terms (on behalf of yourself
or the entity or person that you represent). You may not access or use our
Service or accept the Terms if you are not at least 18 years old. If you do not
agree with all of the provisions of these Terms, do not access and/or use the
Service.
These terms require the
use of arbitration on an individual basis to resolve disputes, rather than jury
trials or class actions and also limit the remedies available to you in the
event of a dispute.
DISCLAIMER AND
LIMITATION OF LIABILITY
Farmhouse
Delivery boxes/bags/bins may include food items that you are allergic to if you
have or suspect that you have an allergic reaction or other adverse health
events, promptly contact your health care provider.
ANY OF THE EIGHT MAJOR U.S. ALLERGENS AS DETERMINED BY
THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”) (MILK, WHEAT, EGG, SOY, FISH,
SHELLFISH, PEANUTS, AND TREE NUTS) MAY BE STORED, PORTIONED AND PACKAGED AT
FARMHOUSE DELIVERY’S FACILITIES. ALTHOUGH WE TAKE PRECAUTIONS TO LIMIT THE
POTENTIAL FOR CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD
PRODUCTS, ALLOWING PRODUCE AND OTHER FOODS OFFERED IN CONNECTION WITH FARMHOUSE
DELIVERY’S SERVICE TO CONTAIN SOME OR ALL OF THESE ALLERGENS.
IN EVERY RESPECT, FARMHOUSE DELIVERY RELIES ON ITS
SUPPLIERS AND MERCHANTS TO PROVIDE FOOD ITEMS APPROPRIATE FOR PUBLIC
CONSUMPTION. IT ALSO RELIES ON ITS
SUPPLIERS AND MERCHANTS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION
AND GENERAL PRODUCT SAFETY. CONSUMING
FOOD ITEMS INVOLVES AND INHERENT DEGREE OF CERTAIN RISKS. YOU AGREE THAT YOUR USE OF THE SERVICE AND
CONSUMPTION OF ANY FOOD ITEMS PROVIDED THROUGH THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. FARMHOUSE DELIVERY DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS
ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT
LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY
OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS
PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION
PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT
LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION. IN NO EVENT SHALL FARMHOUSE DELIVERY
BE LIABLE FOR ANY HARM OR DAMAGES SUFFERRED BY YOU IN CONNECTION WITH YOUR USE
OF THE SERVICE OR CONSUMPTION OF FOOD ITEMS ORDERED THROUGH THE SERVICE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN
NO EVENT SHALL FARMHOUSE DELIVERY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR
DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC
ADVANTAGE), EVEN IF FARMHOUSE DELIVERY HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE,
TORT, OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN
CONNECTION WITH THE WEBSITE OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE
OR BY FARMHOUSE DELIVERY.
FARMHOUSE DELIVERY ASSUMES NO RESPONSIBILITY AND SHALL
NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF,
OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE. FARMHOUSE DELIVERY ASSUMES NO
RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH
ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR
THROUGH THE WEBSITE, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL
WEBSITES LINKED TO THIS WEBSITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER,
OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY
CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
IN NO EVENT SHALL FARMHOUSE DELIVERY'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY,
CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE
AGGREGATE (A) THE AMOUNT PAID BY YOU TO FARMHOUSE DELIVERY OR A MERCHANT IN THE
SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM,
IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT
PROVIDED BY LAW.
YOU AND FARMHOUSE DELIVERY AGREE THAT THE WARRANTY
DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL,
BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO
ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS
AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU
AND FARMHOUSE DELIVERY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF
LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE
PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE
ARISING OUT OF YOUR USE OF THE SITE IS TO DISCONTINUE USING THE WEBSITE AND
SERVICES, WHICH YOU MAY DO AT ANY TIME.
Accounts
In order to use certain features of the Service,
you must register for an account (“Account”)
and provide certain information about yourself as prompted by the account
registration form (including but not limited to the email address and a unique
password). You represent and warrant that: (a) all required registration
information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information should it change; (c) your delivery address must
be in our delivery areas in Texas. (Please use our website sign up to find out
if your address is eligible.) You may delete your Account at any time, for any
reason, by following the instructions in this document. The Company may suspend
or terminate your Account in accordance with Section 9.
You are responsible for maintaining the
confidentiality of your Account login information and are fully responsible for
all activities that occur under your Account. You agree to immediately notify
the Company of any unauthorized use, or suspected unauthorized use of your
Account or any other breach of security. The company cannot and will not be
liable for any loss or damage arising from your failure to comply with the
above requirements.
User
Content. “User Content” means any and all information and content that a user
submits to, or uses with, the Service (e.g., content in the user’s profile or
reviews left on social media accounts owned by Farmhouse Delivery QOZB, LLC.).
All third party social media sites will be subject to their terms and
conditions as well. You are solely responsible for your User Content. You
assume all risks associated with the use of your User Content, including any
reliance on its accuracy, completeness or usefulness by others, or any
disclosure of your User Content that personally identifies you or any third
party. You hereby represent and warrant that your User Content does not violate
our Acceptable Use Policy (defined in the fourth bullet point in this section “Acceptable Use Policy. ”). You may not represent or imply
to others that your User Content is in any way provided, sponsored or endorsed
by the Company. Because you alone are responsible for your User Content, you
may expose yourself to liability if, for example, your User Content violates
the Acceptable Use Policy. Company is not obligated to backup any User Content,
and your User Content may be deleted at any time without prior notice. You are
solely responsible for creating and maintaining your own backup copies of your
User Content if you desire. You hereby grant (and you represent and warrant
that you have the right to grant) to Company an irrevocable, nonexclusive,
royalty-free and fully-paid, worldwide license to reproduce, distribute,
publicly display and perform, prepare derivative works of, incorporate into
other works, and otherwise use and exploit your User Content, and to grant
sublicenses of the foregoing rights, for the purposes of including your User
Content in the Service or marketing materials. You hereby irrevocably waive
(and agree to cause to be waived) any claims and assertions of moral rights or
attribution with respect to your User Content.
The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider or know to be confidential or proprietary.
Access to the Service
Any use or access to our services by anyone under the age of 18 is prohibited. If you open account on behalf of a company, organization, or other entity, then (a) “you” includes the entity/organization/company, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these terms, and that you agree to these Terms on the entity’s behalf.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms.
The Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Service. We may try to help you using commercially reasonable efforts but are not obligated to provide technical support.
Including any User Content you may provide whether uploaded to our website or sent to our possession through physical means (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content, are owned by Company or Company’s suppliers. You acknowledge that nothing herein shall be interpreted as restricting Company’s rights to use your User Content in connection with the Service or to aggregate any User Content with other data for use by the Company. As between you and the Company, all rights in and to the aggregated data belong to the Company. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. The Company and its suppliers’ reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Orders and Deliveries
Subscription Service. If you choose to subscribe to a product in our store, products will be added to current and future orders automatically. You can find specific details regarding your Plan and our Service (by accessing the Site and accessing “My Account” and “Upcoming Deliveries” for the details. You have access to your carts for future dates. Please take care of monitoring your future carts and items you have subscribed to. Customers are responsible for items in their cart when their order deadline occurs. Customers are not charged for items deleted before their deadline.[a]
Creation of an order: To create an order, simply place items into your cart on our website after you have created a profile. There is no formal checkout process. Orders become frozen and customers are responsible for items they placed in their carts at the order cut off time but not before.
Order Minimum: (Subject to change, per metro area)
AUSTIN
To be eligible for delivery, orders in the Austin delivery zone (All Austin, Buda, Kyle and surrounding eligible areas) must meet a minimum subtotal of $40.
Our delivery fee in this region is $7.99.
Purchases of $60 or more qualify for free delivery.
Delivery Days: Upon account creation customers can choose which day of the week they would like their delivery to be scheduled for. To schedule an order, add $40 worth of product to your cart. If your cart total is over $40 at the cut off time for your delivery day, it will automatically be scheduled. Order cut off times are based on the delivery days. We reserve the right to change delivery times and days without notice.
Order Cut Off Times:
Friday at 3PM CST for Tuesday
deliveries with add-ons available until Sunday at 3pm. Monday at 3PM for Friday
deliveries with add-ons available until Wednesday at 3pm.
To create an order and receive a Delivery, you must have a physical address within our service area or receive permission from your employer or business owner to receive shipments to a business address. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the Delivery.
You may skip a week (or multiple weeks to the extent allowed) at any time in accordance with the Agreement. You may cancel your Subscription at any time by following the instructions located on the Service. Changes to, or cancellations of, your Subscriptions, or requests to skip any regularly scheduled Delivery of your Subscription Service, must be received by us by cutoff date and time for each days’ orders. The times are as follows: Friday at 3PM CST for Tuesday deliveries. Monday at 3PM for Friday deliveries. If you do not submit such cancellation, skip or change request before your order cut off time, your weekly Delivery will be packed and delivered and you will be charged for products ordered, if you requested to change or cancel your order after the cut off time/date, such change will not take effect until the week following your next scheduled Delivery.
Undeliverable Orders: In the event that an order of perishable goods cannot be delivered due to circumstances beyond the control of Farmhouse Delivery QOZB, LLC. (such as incorrect delivery address, unavailability of recipient, or refusal of delivery), the order will be deemed "undeliverable," and charges for the entire order will still apply. Please contact Customer Experience for questions or concerns.
Re-delivery Fee: Additionally, a delivery fee may apply if the undeliverable order is scheduled for a same-day re-delivery attempt. This fee covers the costs of re-delivery, including transportation and handling. If you are requesting re-delivery of the same order (and it is not the same day) you will incur a duplicate charge of the original order.
Customer Notification: Customers will be promptly notified if their order is deemed undeliverable. The notification will include details about the re-delivery fee, and re-delivery process.
Customer Responsibility: Customers are responsible for providing accurate and complete delivery information, ensuring someone is available to receive the delivery, and adhering to the delivery schedule provided by Farmhouse Delivery QOZB, LLC.
Contact Customer Experience: If customers have any concerns or questions regarding undeliverable orders, or delivery fees, they are encouraged to contact our Customer Experience Team for assistance.
Agree to the Terms: By placing an order with Farmhouse Delivery QOZB, LLC., you agree to these terms and conditions regarding undeliverable orders of perishable goods.
At Farmhouse Delivery, we strive to provide you with the best experience and highest quality products. If you have any concerns or issues with your delivery, please contact our customer experience team at hello@farmhousedelivery.com or call us at (512) 582-2888 within five (5) days of receiving the unsatisfactory item.
For any dissatisfaction related to the ingredients or condition of a specific product, we will assess the situation on a case-by-case basis. Our team may offer one or more of the following resolutions, at our sole discretion:
Credit: We may provide you with credit for the individual item or product in question.
Refund: In certain situations, we may issue a partial or full refund for the unsatisfactory item.
Please note that we reserve the right to request the return of the unsatisfactory item, or a photograph of it, before processing any refund or credit. This helps us maintain the quality and integrity of our products.
It is important to us that you are completely satisfied with your experience, and we will do our best to address any concerns and provide a suitable resolution.
Please be aware that any future updates or modifications to our offerings will be subject to this policy. We, along with our suppliers and service providers, reserve all rights not explicitly granted in this policy.
Farmhouse Delivery is not responsible for any items left in return packaging (bins, etc) or at our warehouse.
If you have any further questions or need assistance, please do not hesitate to reach out to our customer experience team (email: hello@farmhousedelivery.com or call: (512) 582-2888.)
The company reserves the right to change or adjust delivery schedules for any reason and without notice. We will use commercially reasonable efforts to communicate any such delivery complications or adjustments. In addition, we may use third-party delivery persons or companies, (also called contractors) to deliver the Service to its customers from time to time, which will not be communicated to our customers, as it is considered regular practice for the changing personnel needs of coordinating deliveries.
In the case of inclement weather or other unforeseen delivery complications beyond our reasonable control, it may be necessary to make adjustments to our delivery schedule, which may require us to suspend, reschedule or cancel chosen delivery dates and times at our discretion. In the event that we are unable to make a scheduled delivery for any reason, we may issue you a credit or refund of the purchase price for that Delivery.
Farmhouse Delivery QOZB, LLC. uses appropriate shipping solutions, including insulative packaging and ice packs to allow a reasonable amount of time for collection. Due to the rising temperatures in Texas, the time that once was reasonable may be shortened due to no fault of, or notice by, of the Company. To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate all perishable items upon receipt of delivery. We also recommend that all fresh produce be washed prior to using.
Return of Reusable Packaging- All packaging materials, including insulated bags, reusable ice packs, and Farmhouse Delivery branded bins, are the property of Farmhouse Delivery QOZB, LLC. These items are provided for the safe delivery of your orders and should be returned via one of the methods listed below for reuse. By using our services, you agree to adhere to this policy.
Packaging return options:
Collection at Delivery: Our delivery team will collect the packaging materials when delivering your orders. Please have them ready for retrieval.
Drop-off Location: We also allow drop-off at our facility where you can return the packaging materials. Contact our Customer Experience Team for details.
Additional
Packaging Return Details
Reusable Condition: To be eligible for return, the packaging materials should be in reusable condition, without significant damage or wear and tear, and free of trash, liquids and any spoiled foods. We strongly recommend double checking each bag when putting groceries away for any remaining/missed food. Not only will you get your product that you ordered safely stored, the bins/bags will remain unsoiled as well. Damaged/Soiled items may not be accepted for return and are subject to a $25 irretrievable packaging fee.
Damaged Packaging: Farmhouse Delivery QOZB, LLC. reserves the right to refuse returns of packaging materials that are excessively damaged or unreasonably retained. We appreciate your cooperation in our sustainability efforts by returning these materials for reuse and recycling.
Assistance Returning Packaging: For any inquiries or assistance regarding the return of packaging materials, please contact our Customer Experience Team by emailing hello@farmhousedelivery.com or calling (512) 582-2888. Thank you for your commitment to reducing environmental impact through responsible packaging return.
By registering for our Service and providing your
credit or debit card information when you sign up (your “Payment Method”), you
expressly authorize us and/or our third-party payment processor to charge your
Payment Method. If your Payment Method cannot be authorized, we may suspend or
cancel your delivery. We may contact you to reconfirm or update your Payment
Method. We are not responsible for any fees incurred by you when charging or
retrying your Payment Method, including overdraft fees. YOU AFFIRM THAT BY
KEEPING YOUR ACCOUNT OPEN AND HAVING PRODUCTS IN YOUR CART, WHETHER MANUALLY
PLACED OR PLACED THROUGH A RECURRING SUBSCRIPTION THAT FARMHOUSE DELIVERY QOZB,
LLC IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD FOR GOODS DELIVERED AND/OR
PURCHASED, AND ANY APPLICABLE
FEES THAT ARE ASSOCIATED.
We reserve the right to execute an authorization
or temporary charge on your Payment Method to up to One Dollar and One Cent
($1.01) to verify that your Payment Method is valid.
We reserve the right to adjust prices at our sole
discretion without notice.
We reserve the right to subject every Delivery
(as stated in “Orders: Changes, Cancellations, and Other Modifications” above)
to a minimum purchase price in our sole discretion and excluding taxes,
delivery fees, and surcharges.
We may offer Promotions through various
electronic communications. You understand and agree that we cannot guarantee
that any promotion will be available. All promotions are valid as supplies last
and according to any expiration dates, limited uses, or other limiting factors.
Gift Cards
All sales of
our Gift Cards are final and non-refundable. You may purchase and/or otherwise receive Gift Cards through the Site.
We use our website software to process gift card purchases. You must have a
valid email address and request delivery to a customer with an address within
our service area with a valid email in order for them to redeem a Gift Card.
Gift card recipient will need to have or create a Farmhouse Delivery account to
redeem the gift card. Gift Cards may not be redeemed for cash. Redemptions of
Gift Cards result in the application of a credit to your Account. In case of
any refunds, orders purchased with gift cards will be for store credit only.
Some of our vendors require a deposit on their
glass bottles. This fee is included in the purchase price of the item. Please
check product descriptions to see if a bottle deposit is included in the price.
This deposit can be refunded when you return the bottles to us from these
particular vendors only. You must let us know (by emailing
hello@farmhousedelivery.com, or by calling (512) 582-2888) if you are returning
glass bottles with your bins weekly to get refunds. The maximum time to return
bottles is 14 days from delivery date. We will not honor refunds for
bottle returns after this date.
Third-Party Links; Other Users
Third-Party
Links The Service may contain links to third-party
websites and services (collectively, “Third-Party
Links”). Destinations of such Third-Party Links are not under the control
of the Company, and the Company is not responsible for any Third-Party Links.
The company provides access to these Third-Party Links only as a convenience to
you and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links. You use all Third-Party
Links at your own risk and should apply a suitable level of caution and
discretion in doing so. When you click on any of the Third-Party Links, the
applicable third party’s terms and policies apply, including the third party’s
privacy and data gathering practices. You should make whatever investigation
you feel necessary or appropriate before proceeding with any transaction in
connection with such Third-Party Links.
Other
Users. Each Service user is
solely responsible for any and all of its own User Content. You acknowledge and
agree that we are not responsible for any User Content, whether provided by you
or by others. We make no guarantees regarding the accuracy, currency, suitability,
or quality of any User Content. Your interactions with other Service users are
solely between you and such users. You agree that the Company will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Service user, we are
under no obligation to become involved.
You hereby release and forever discharge the
Company (and our officers, employees, agents, successors, and assigns) from,
and hereby waive and relinquish, each and every past, present and future
dispute, claim, controversy, demand, right, obligation, liability, action and
cause of action of every kind and nature (including personal injuries, death,
and property damage), that has arisen or arises directly or indirectly out of,
or that relates directly or indirectly to, the Service (including any interactions
with, or act or omission of, other Service users or any Third-Party Links).
Disclaimers
THE SERVICE IS PROVIDED
ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS)
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,
ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF
VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW
REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR
INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT
(FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT
ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE
OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR
SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS
AGREEMENT.
SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Terms and Termination.
Subject to this Section, these Terms will remain in full
force and effect while you use the Service. We may suspend or terminate your
rights to use the Service (including your Account) at any time for any reason
at our sole discretion, including for any use of the Service in violation of
these Terms. Upon termination of your rights under these Terms, your Account
and right to access and use the Service will terminate immediately. You
understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases. Company will
not have any liability whatsoever to you for any termination of your rights
under these Terms, including for termination of your Account or deletion of
your User Content.
Upon termination or cancellation of your account, you
waive your right to any existing credits in your account and you agree to
arrange with the Customer Experience team to pick up any bags/bins/packing
materials in your possession that belong to Farmhouse Delivery.
Even after your rights under these Terms are terminated,
the following provisions of these Terms will remain in effect: Sections 1, 2,
and 5; all provisions regarding representations, and Disclaimers and
Limitations of Liability, including those found before Section 1 and in Section
7 and 8 of these Terms; Section 9, 10, 11, and 12.
Copyright Policy
Company respects the
intellectual property of others and asks that users of our Service do the same.
In connection with our Service, we have adopted and implemented a policy
respecting copyright law that provides for the removal of any infringing
materials and for the termination, in appropriate circumstances, of users of
our online Service who are repeat infringers of intellectual property rights,
including copyrights. If you believe that one of our users is, through the use
of our Service, unlawfully infringing the copyright(s) in a work, and wish to
have the allegedly infringing material removed, the following information in
the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent: (1) your physical or electronic
signature; (2) identification of the copyrighted work(s) that you claim to have
been infringed; (3) identification of the material on our services that you
claim is infringing and that you request us to remove; (4) sufficient information
to permit us to locate such material; (5) your address, telephone number, and
e-mail address; (6) a statement that you have a good faith belief that use of
the objectionable material is not authorized by the copyright owner, its agent,
or under the law; and (7) a statement that the information in the notification
is accurate, and under penalty of perjury, that you are either the owner of the
copyright that has allegedly been infringed or that you are authorized to act
on behalf of the copyright owner.
Please note that,
pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact
(falsities) in a written notification automatically subjects the complaining
party to liability for any damages, costs and attorney’s fees incurred by us in
connection with the written notification and allegation of copyright
infringement.
Please contact the
Customer Experience Department at hello@farmhousedelivery.com if you need to report violations of your or the
Company’s intellectual property.
General
These Terms are subject to occasional revision, and if we
make any substantial changes, we may notify you by sending you an e-mail to the
last e-mail address you provided to us (if any), or by prominently posting
notice of the changes on our website. You are responsible for providing us with
your most current e-mail address. In the event that the last e-mail address
that you have provided us is not valid, or for any reason is not capable of
delivering to you the notice described above, our dispatch of the e-mail
containing such notice will nonetheless constitute effective notice of the
changes described in the notice. Any changes to these Terms will be effective
upon the earlier of thirty (30) calendar days following our dispatch of an
e-mail notice to you (if applicable) or thirty (30) calendar days following our
posting of notice of the changes on our Service. These changes will be
effective immediately for new users of our Service. Continued use of our
Service following notice of such changes shall indicate your acknowledgment of
such changes and agreement to be bound by the terms and conditions of such
changes.
These Terms shall be governed by and interpreted in
accordance with the laws of the State of Texas, without regard to principles of
conflicts of law.
Dispute
Resolution. Please read this “Arbitration Agreement” carefully. It is
part of your contract with the Company and affects your rights. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. This Arbitration Agreement is governed by the
Federal Arbitration Act.
Applicability
of Arbitration Agreement. All
claims and disputes (excluding claims for injunctive or other equitable relief
as set forth below) in connection with the Terms or the use of any product or
service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis
under the terms of this Arbitration Agreement. Unless otherwise agreed to, all
arbitration proceedings shall be held in English. This Arbitration Agreement
applies to you and the Company, and to any subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods provided
under the Terms.
Notice
Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party
must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and
basis of the claim or dispute, and the requested relief. A Notice to the
Company should be sent to the Company Attn: Terms of Use Dispute at the address
listed in these Terms (or such other address as may be provided by the Company
for this purpose). After the Notice is received, you and the Company may attempt
to resolve the claim or dispute informally. If you and the Company do not
resolve the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The amount of any
settlement offer made by any party may not be disclosed to the arbitrator until
after the arbitrator has determined the amount of the award, if any, to which
either party is entitled.
Arbitration. You agree that any dispute, claim or
controversy arising hereunder or relating in any way to these Terms and not
informally resolved shall be settled by binding arbitration in Travis County,
Texas, in accordance with the expedited commercial arbitration rules of the
American Arbitration Association (“AAA”). The arbitrator shall issue a written
decision specifying the basis for the award made. The party filing a claim or
counterclaim in the arbitration proceeding shall pay the deposit(s) determined
by AAA with respect to such claim or counterclaim. All other costs associated
with the arbitration and imposed by AAA shall be paid as determined by the
arbitrator(s) and, in absence of such determination, equally by each party to
the arbitration. In addition, unless the arbitrator awards payment of
reasonable attorney and other fees to a party, each party to the arbitration
shall be responsible for its own attorneys’ fees and other professional fees
incurred in connection with the arbitration. Determinations of the arbitrator
will be final and binding upon the parties to the arbitration, and judgment
upon the award rendered by the arbitrator may be entered in any court having
jurisdiction, or application may be made to such court for a judicial acceptance
of the award and an order of enforcement, as the case may be. The arbitrator
shall apply the substantive law of the State of Texas, without giving effect to
its conflict of laws rules.
Waiver
of Jury Trial. THE PARTIES
HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE
A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and
disputes, including the arbitrability of any claims and disputes, shall be
resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less costly than
rules applicable in a court and are subject to very limited review by a court.
In the event any litigation should arise between you and the Company in any
state or federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the
dispute be resolved by a judge.
Waiver
of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND
CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED
JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding,
including but not limited to the award of the arbitrator and compliance
therewith, shall be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph shall not
prevent a party from submitting to a court of law any information necessary to
enforce this Agreement, to enforce an arbitration award, or to seek injunctive
or equitable relief.
Severability. If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to
Waive. Any or all of the rights
and limitations set forth in this Arbitration Agreement may be waived by the
party against whom the claim is asserted. Such waiver shall not waive or affect
any other portion of this Arbitration Agreement.
Emergency
Equitable Relief.
Notwithstanding the foregoing, either party may seek emergency equitable relief
before a state or federal court in order to maintain the status quo pending
arbitration. A request for interim measures shall not be deemed a waiver of any
other rights or obligations under this Arbitration Agreement.
Claims
Not Subject to Arbitration. Notwithstanding
the foregoing, claims of defamation, violation of the Computer Fraud and Abuse
Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark or trade secrets shall not be subject to this Arbitration
Agreement.
In any circumstances where the foregoing Arbitration
Agreement permits the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within Wake County,
North Carolina, for such purpose[b]
The Service may be subject to U.S. export control laws
and may be subject to export or import regulations in other countries. You
agree not to export, re-export, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such data, in
violation of the United States export laws or regulations.
Electronic
Communications. Electronic
communications happen when the user and the company exchange communications
using official channels such as our official company email addresses sending
any service related or marketing related communiques, company posted
communications on our website, or any CRM or Texting software that is able to
send or receive a message, or phone numbers registered to us that can send text
messages through company cell phones.
Due to the very nature of the Service being an online retail company,
for contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that Company
provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were in a hardcopy writing. The foregoing
does not affect your non-waivable rights.
Entire
Terms. These Terms constitute
the entire agreement between you and us regarding the use of the Service. Our
failure to exercise or enforce any right or provision of these Terms shall not
operate as a waiver of such right or provision. The section titles in these
Terms are for convenience only and have no legal or contractual effect. The
word “including” means “including without limitation”. If any provision of
these Terms is, for any reason, held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Unless otherwise expressly stated herein,
neither party is an agent or partner of the other or has any authority to
contract for or legally bind or obligate the other
party. These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void.
Company may freely assign these Terms. The terms and conditions set forth in
these Terms shall be binding upon assignees.
Trademark
Information. FARMHOUSE DELIVERY is a registered trademark owned by the Company. All
rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property
of other third parties. You are not permitted to use these Marks without our
prior written consent or the consent of such third party which may own the
Marks.
Third-Party
Device and Application Terms. If
you are accessing the Service via an application on a device provided by a
third party (such as Google, Inc. (“Google”),
Apple, Inc. (“Apple”)) (each a “Third Party Vendor”) or an application
obtained through the Apple App Store, the Google Play Store or another
third-party marketplace (each an “Application”),
the following shall apply:
Both you and Company acknowledge that these Terms are
concluded between you and Company only, and not with any Third Party Vendor,
and that each Third Party Vendor is not responsible for the Application or the
content therein;
The Application is licensed to you on a limited,
non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in
connection with the Service for your private, personal, non-commercial use,
subject to all the terms and conditions of these Terms as they are applicable
to the Application;
You will only use the Application in connection with a
Third Party Vendor device that You own or control and as permitted by the Usage
Rules set forth in the App Store Terms of Service;
Both you and Company acknowledge and agree that each
Third Party Vendor has no obligation whatsoever to furnish any maintenance and
support services with respect to the Application;
In the event of any failure of the Application to conform
to any applicable warranty, including those implied by law, you may notify the
applicable Third Party Vendor of such failure, and the Third Party Vendor may
refund the purchase price for the Application to you in accordance with the
Third Party Vendor’s terms of use; and to the maximum extent permitted by
applicable law, each Third-Party Vendor will have no other warranty obligation
whatsoever with respect to the Application, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will, as between each Third Party Vendor and Company, be
Company’s sole responsibility;
Both you and Company acknowledge that., as between
Company and any Third Party Vendor, Company, not the Third Party Vendor, is
responsible for addressing your claims or the claims of any third party
relating to the Application or your possession and/or use of the Application,
including, but not limited to: (i) product liability
claims; (ii) any claim that the Application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation;
Both you and Company acknowledge and agree that, in the
event of any third party claim that the Application or your possession and use
of the Application infringes that third party’s intellectual property rights,
Company, and not any Third Party Vendor, will be responsible for the
investigation, defense, settlement and discharge of any such infringement
claim;
You represent and warrant that you are not located in a
country subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a “terrorist supporting” country and that you are not
listed on any U.S. Government list of prohibited or restricted parties;
Both you and Company acknowledge and agree that, in your
use of the Application, you will comply with any applicable third-party terms
of agreement which may affect or be affected by such use; and
Both you and Company acknowledge and agree that Apple and
Apple’s subsidiaries are third-party beneficiaries of these Terms, and that
upon your acceptance of these Terms of Service, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms of Service
against you as the third party beneficiary hereof.
Apple, the Apple logo, iPhone and iPad are trademarks of
Apple Inc., registered in the U.S. and other countries. App Store is a service
mark of Apple Inc. Google, Android, the Google logo and the Android logo are
trademarks of Google, Inc., registered in the U.S. and other countries.
Contact
Information:
904
Vargas Road
Austin,
TX 78741
Telephone:
512.582.2888
Email:
hello@farmhousedelivery.com