Terms of Use

Version Date: November 17, 2021

GENERAL

These Terms of Use (referred to herein also as “terms and conditions”) govern your use of our website (the “website” or the “Site”); by using our website, you accept these Terms and Conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. You must be at least 13 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age. Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

TRANSACTIONS

Transactions are a legal agreement between Eatsane Inc., (“Seller”, “Eatsane”, “we”, “us”, “our”) and you (“Consumer”). Seller accepts the following payment methods: Visa, American Express, Mastercard, PayPal. All transactions are processed in U.S. Dollars ($ USD). Upon successful payment processing you will receive a confirmation of your payment. If your payment is unsuccessful, Seller will not be advised why the payment has failed, therefore, you should contact your credit card provider for details. If your payment fails, please arrange an alternative payment method promptly. You should review this agreement before you decide whether to accept this agreement and continue with the purchase process.

If you have ordered a product that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. We reserve the right to correct any errors or mistakes in pricing that it makes even if we have already requested or received payment.

We may offer free trial subscriptions. A free trial subscription may or may not require providing a payment method. If you are required to provide a payment method, then your paid subscription will, after notice and opportunity to cancel is provided, automatically begin upon termination of the trial period. If you are not required to provide a payment method, then when the trial period ends, your subscription will cease.

Fees are exclusive of taxes and you will pay or reimburse us for all taxes arising out of this agreement, whether assessed at the time of your purchase or are thereafter determined to have been due. “Taxes” means any sales, use and other taxes (other than taxes on our income), export and import fees, customs duties and similar charges applicable to the transactions contemplated by this agreement that are imposed by any government or other authority. You agree to promptly provide us with legally sufficient tax exemption certificates for each taxing jurisdiction for which you claim exemption.

PROMOTION CODES

Promotion codes can only be added to an order during the checkout process. We cannot retroactively apply a promo code. It is the responsibility of the customer to review their order for accuracy before completing a purchase. Promo codes are not retroactive and price adjustments will not be issued to orders placed prior to the start of any promotion.

ORDER CHANGES OR CANCELLATION

We are unable to change an order after it has been placed. To cancel an order, contact us as soon as possible through our mail: contact@eatsane.com with your order number. Due to our desire to promptly ship out customer orders, we cannot guarantee that your order can be cancelled. However, we will make every effort to cancel your order if it has not entered the shipping process yet.

STANDARD SHIPPING METHODS

Seller is not liable for any lost, stolen or damaged packages or for any delay caused by the act or default of the shipping carrier. Seller is only responsible for orders until they leave our fulfillment center. Once tracking is assigned to an order, the shipping carrier and/or the customer are responsible to ensure the goods arrive safely.

SHIPPING GUARANTEE

Shipments via a paid priority shipping method that arrive beyond the estimated delivery calendar date may be eligible for a refund of shipping fees if reported to us per the instructions below.

FRESHNESS GUARANTEE

A defective product may be eligible for a refund if reported to us per the instructions below and if the product arrives in one of these defective states: 

1. Product is moldy, stale, or rancid. 
2. Product (such as bread) is improperly packaged. 
3. Product (contains chocolate) is melted.

INITIATING A REPORT

1. Contact us within the first 24 hours after receiving the product at contact@Eatsane.com with your order number to initiate a report. 
2. Carrier tracking information will be the sole determining method of the date of loss or arrival.
3. Images must be submitted for defective states, mishandling, and melted products. 
4. Customer service may require more information by email or phone, before a refund can be approved. 
5. If approved, a refund will be processed through your original payment method only. 
6. The refund process may take up to 14 business days to complete.

RETURNS

Due to the perishable nature of our products, we do not accept returns.

SERVICE, PRODUCTS AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the products and services offered on the website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the services or products offered on the website. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We may add pictures containing components not included in our product as serving suggestions and look & feel pictures.

We reserve the right, but are not obligated, to limit the sales of our products or Services offered on the website to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the services offered will be corrected.

We reserve the right, within our sole discretion, to refuse to accept and process any and all customer orders and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, and any and all other similar devices and promotional offers or campaigns (“promotional offers”) in the event of advertising errors and/or the actual or suspected misuse, fraud or abuse associated with said promotional offers or customer orders.

ACCEPTABLE USE

You may not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You may not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You may not use our website to transmit or send unsolicited commercial communications. You may not use our website for any purposes related to marketing without our express written consent.

RESTRICTED ACCESS

We reserve the right to restrict access to areas of our website, or our whole website, at our discretion. 

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The content on the website, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”), and the trademarks, service marks and logos (including the “Eatsane” logo) contained therein (“Marks”), are the exclusive property of Eatsane, its affiliates, and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted to other in and to the website, Marks and Content.  

Content on the website is provided to you for your information and personal use only. The Content and Marks may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Eatsane’s prior written consent. If you download or print a copy of the Content or Marks you must retain all copyright and other proprietary notices contained therein.

We are a distributor and not a publisher of the content supplied by third parties on the website. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Eatsane or any of its officers, directors, employees, or agents. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT PROVIDED BY THIRD PARTIES.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our products and website provided by you to us are non-confidential and we (as well as any designee of ours) shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

USER GENERATED CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

GUIDELINES FOR REVIEWS

We may accept, reject or remove reviews in our sole discretion. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the product being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not be affiliated with our website or product reviewed unless the review acknowledges the affiliation and is in response to a specific prior review; (5) reviewers should not make any conclusions as to the legality of conduct; and (6) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. We do not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Eatsane to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

LIMITED WARRANTIES

WE DO NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON THIS WEBSITE; NOR DO WE COMMIT TO ENSURING THAT THE WEBSITE REMAINS AVAILABLE OR THAT THE MATERIAL ON THE WEBSITE IS KEPT UP-TO-DATE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS WEBSITE, THE USE OF THIS WEBSITE AND THE PRODUCTS PURCHASED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR THE USE OF REASONABLE CARE AND SKILL). THIS WEBSITE AND THE PRODUCTS PURCHASED HERON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

LIMITATIONS AND EXCLUSIONS OF LIABILITY

IN NO CASE SHALL EATSANE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE OR ANY PRODUCTS PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT PROCURED USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY. WITHOUT DEROGATING FROM THE FOREGOING, OUR MAXIMUM LIABILITY TO YOU ARISING FROM ANY PURCHASE OF OUR PRODUCTS OR USE OF THE WEBSITE SHALL NOT EXCEED THE VALUE OF YOUR PURCHASES DURING THE PERIOD OF 1 MONTH PRIOR TO A CAUSE OF ACTION ARISING AND $100, WHICHEVER IS GREATER. YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES (IF APPLICABLE) AVAILABLE THROUGH THE SITE. YOUR ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON, COMPUTER, DEVICE, SYSTEM, OR DATA. 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 FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”  

INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, and/or bringing court proceedings against you.

UPDATES

We reserve the right to revise these Terms of Use at any time. Any changes will be effective immediately upon posting of the revised Terms of Use. Your continued use of the Site and Eatsane’s services indicates your consent to the Terms of Use then posted. If required by law we will also provide additional notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Site. 

ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

EXCLUSION OF THIRD-PARTY RIGHTS

These terms and conditions are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

ENTIRE AGREEMENT

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with the laws of the State of Delaware, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the competent courts of the State of Delaware, USA.

NOTICE FOR CALIFORNIA USERS

In order to resolve a complaint regarding our products or services or to receive further information regarding use of the website, please contact us as set forth on the website, or if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.