Terms and Conditions of Farmhouse Delivery Inc.

Terms of Use

Last Revised: September 15, 2023

Welcome to Farmhouse Delivery! Farmhouse Delivery Inc 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 Inc. (“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.

  1. Accounts

Account Creation

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.

Account Responsibilities

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. “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 Inc.). 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.

Acceptable Use Policy.

The following terms constitute our “Acceptable Use Policy”:

  1. Access to the Service

Who May Access

Certain Restrictions

  1. Orders and Deliveries

Subscriptions

Orders: Changes, Cancellations, and Other Modifications

  1. To be eligible for delivery, orders in the Dallas delivery zone must meet a minimum subtotal of $89.99.
  2. Our delivery fee in this region is $14.99.
  3. Purchases of $119.99 or more qualify for free delivery.
  1. To be eligible for delivery, orders in the Houston delivery zone & San Antonio delivery zone must meet a minimum subtotal of $69.99.
  2. Our delivery fee in this region is $9.99.
  3. Purchases of $99.99 or more qualify for free delivery.
  1. To be eligible for delivery, orders in the Austin delivery zone (All Austin, Buda, Kyle, San Marcos, and New Braunfels) must meet a minimum subtotal of $49.99.
  2. Our delivery fee in this region is $7.99.
  3. Purchases of $79.99 or more qualify for free delivery.

Alcohol Delivery:

Undeliverable Orders of Perishable Goods:

Return and Refund Policy

  1. Credit: We may provide you with credit for the individual item or product in question.
  2. Refund: In certain situations, we may issue a partial or full refund for the unsatisfactory item.

Delivery Schedule Adjustments

Delivery Packing/Bins/Bags

4.                Price and Payment Terms

Payment and Billing Information

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, INC IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD FOR GOODS DELIVERED AND/OR PURCHASED, AND ANY APPLICABLE  FEES THAT ARE ASSOCIATED.

Credit or Debit Card Temporary Authorizations

We reserve the right to execute an authorization or temporary charge on your Payment Method to up to One Dollar ($1.00) to verify that your Payment Method is valid.

Price

We reserve the right to adjust prices at our sole discretion without notice.

Minimum Purchase Price

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.

Tipping

Through the Service, you may tip the personnel who participated in your delivery and packing/preparing of your food. A tip is not expected, but it is always very much appreciated. We give the full amount of the tips received to the staff who delivered and prepped your products for delivery through a tip pool, less any processing fees that may be charged by the credit card processor. If you choose to tip, we charge the tip to your Payment Method and it appears in the total amount on your credit card statement.

Promotions

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 account and request delivery to an address within our service area  in order to redeem a 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.

Bottle Deposit Return

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 info@farmhousedelivery.com, or by calling 512-529-8569) 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.

  1. Third-Party Links; Other Users

  1. 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.

  1. 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.

  1. 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.

  1. 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 info@farmhousedelivery.com if you need to report violations of your or the Company’s intellectual property.

  1. General

 

Contact Information:

Farmhouse Delivery, Inc.

9715 Burnet Rd Bldg 7, Ste 400

Austin, TX 78758

Telephone: 512.529.8569

Email: info@farmhousedelivery.com