These Terms of Use (“Terms”) are a legal contract between you (“you”) and Butter and Whisk Co (“us” or “our” or “we”) and govern your use of all the text, data, information, software, graphics, photographs and other materials (collectively referred to as “Materials”) that we and our affiliates may make available to you, as well as any services (“Services”) we may provide through any of our websites (all of which are referred to in these Terms as this “Website”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF ITS FUNCTIONALITY. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

ORDERS, PAYMENTS AND PRICING.

All products listed on the Website, their descriptions, and their prices are each subject to change. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice. Although we make every effort to maintain the accuracy of information maintained on this site, including pricing information and product details, occasionally pricing or other information errors may occur on this site. In the event that any product is listed at an incorrect price or with other incorrect information, we reserve the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged.

You agree to pay the price applicable for each product you order and you agree to pay all applicable fees, including but not limited to delivery fees and taxes related to your use of this Website and our Services. We may suspend or terminate your account and/or access to our Services and this Website if your payment is late and/or your credit card cannot be processed. By providing your credit card information, you expressly authorize us and/or our third party payment processor to charge the applicable fees and charges to that credit card. Except as set forth herein, all payments are non-refundable.

If you order our “LITTLE CHEF - 6 MONTH SUBSCRIPTION", then you understand that, until you terminate your LITTLE CHEF - 6 MONTH SUBSCRIPTION in accordance with the directions on the Website, your LITTLE CHEF - 6 MONTH SUBSCRIPTION will automatically renew on the 10th of every other month. You expressly agree that we may charge your credit card upon each auto-renewal date. Please note that if your LITTLE CHEF - 6 MONTH SUBSCRIPTION includes a discounted product price for a promotional period, once the promotional period expires, your LITTLE CHEF - 6 MONTH SUBSCRIPTION will renew at the full then-current product price. If you cancel your LITTLE CHEF - 6 MONTH SUBSCRIPTION any fees charged prior to the effective date of cancellation will not be refunded, in whole or in part and you will not be eligible for a pro-rated refund of any portion of fees paid for any unused days of the then-current LITTLE CHEF - 6 MONTH SUBSCRIPTION term. If you cancel your LITTLE CHEF - 6 MONTH SUBSCRIPTION, you will enjoy your benefits until the expiration of the then-current LITTLE CHEF - 6 MONTH SUBSCRIPTION term for which you have paid, and your benefits will expire at the end of the then-current LITTLE CHEF - 6 MONTH SUBSCRIPTION term.

If you order our “LITTLE CHEF 12 MONTH SUBSCRIPTION", then you understand that, until you terminate your LITTLE CHEF 12 MONTH SUBSCRIPTION in accordance with the directions on the Website, at the end of the initial 12 kit contract period ("Duration"), all LITTLE CHEF 12 MONTH SUBSCRIPTION will automatically renew on our LITTLE CHEF 12 MONTH SUBSCRIPTION plan. You expressly agree that we may charge your credit card upon each auto-renewal date. If you cancel your LITTLE CHEF 12 MONTH SUBSCRIPTION any fees charged prior to the effective date of cancellation will not be refunded, in whole or in part and you will not be eligible for a pro-rated refund of any portion of fees paid for any unused days of the remaining then-current LITTLE CHEF 12 MONTH SUBSCRIPTION term. If you cancel your LITTLE CHEF 12 MONTH SUBSCRIPTION, you will enjoy your benefits until the expiration of the then-current LITTLE CHEF 12 MONTH SUBSCRIPTION term for which you have paid, and your benefits will expire at the end of the then-current Subscription term.

Gift subscriptions do not auto-renew.

We reserve the right to refuse or cancel any orders for any reason (including for pricing errors as noted above), whether or not we have confirmed your order. We are not responsible for any inability to fulfill orders. If your credit card has already been charged for the purchase and we cancel your order, we will issue a credit to your credit card account in the amount charged. You agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.

RETURNS, DAMAGED GOODS AND CANCELLATIONS.

Due to the perishable nature of most of our products, we are unable to accept returns under any circumstances.

All claims for damaged, spoiled, or missing shipments must be made by the fifteenth day of the month following your scheduled delivery. Claims may be made by email to lindsey@butterandwhiskco.com. For claims made by the fifteenth day of the month following your scheduled delivery, we will replace your damaged, spoiled or missing shipment with a shipment in a future month. We are unable to accommodate claims for damaged, spoiled or missing shipments received after the fifteenth day of the month following your scheduled delivery.

SHIPPING.

Products will be shipped in accordance with the shipping method you selected when placing the order. You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against us for delays or early deliveries. We reserve the right to make deliveries in installments. We will send you an email when your order has shipped and you may review your order and shipping information. Currently, we ship to the US only.

If you order a Subscription, your product will be shipped out around the 15th of every month to the address you submit when placing your order. We reserve the right to charge additional shipping fees if you request that any product be re-shipped, whether because you originally submitted an incorrect address when you placed your order with us or otherwise. Accordingly, please be sure and review the shipping information you submit very closely to ensure it is accurate.

Each kit is carefully packaged to stay fresh; however, like any other non-perishable food item; the packages have a shelf life and it is your responsibility to use the products in a timely manner. Furthermore, you should inspect your package to ensure the contents arrive closed and clean. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door.

We are not responsible for:

Items delivered to incorrect addresses supplied by the sender or recipient.
Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the sender or recipient.
Decreased product quality due to an incorrect delivery address supplied by the sender or recipient, or a re-route requested by the sender or recipient.
Product quality problems caused by improper handling by the recipient including product quality problems resulting from perishable items that are left unattended or unopened by the recipient.

ELECTRONIC COMMUNICATIONS.

By using the Website and/or the Services provided on or through the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

DISCLAIMER OF WARRANTIES.

THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

YOU, AND NOT BUTTER AND WHISK CO, ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE PREPARATION, STORAGE, BAKING AND COOKING OF THE PRODUCTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO OUR PRODUCTS OR THE WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 4 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF FOUR (4) AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, BUTTER AND WHISK CO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.

Without limiting the generality of the foregoing, we make no warranty that our products or this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASING OF OUR PRODUCTS OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

IT IS YOUR RESPONSIBILITY TO IDENTIFY ANY AND ALL FOOD-RELATED ALLERGIES. OUR INGREDIENTS MAY CONTAIN WHEAT AND OTHER ALLERGENS. WE PURCHASE FOOD FROM OUTSIDE VENDORS THAT PRODUCE INGREDIENTS OR PRODUCTS MANUFACTURED ON SHARED EQUIPMENT OR THAT MAY BE PREPARED IN A FACILITY THAT MAY CONTAIN TREE NUTS, SOY, WHEAT, DAIRY AND OTHER KNOWN ALLERGENS.. THERE CAN BE NO ASSURANCE THAT ANY FOOD IS ABSOLUTELY ALLERGEN FREE. INDIVIDUALS WITH KNOWN OR UNKNOWN FOOD ALLERGIES AND/OR SPECIFIC HEALTH CONDITIONS, ORDER AT THEIR OWN RISK AND AT THEIR SOLE DISCRETION.

CONTACT US.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at Customer Service, info@butterandwhiskco.com.


Terms & Conditions of Use