Terms and Conditions
By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by EATALLY Ice Cream, Inc. or our subsidiaries or other affiliates (collectively, “EATALLY,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use products made available through the Sites (collectively, the “Products”).
We may amend the Agreement from time to time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using EATALLY Ice Cream Products.
ELIGIBILITY. The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one EATALLY Ice Cream account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
REGISTRATION. In order to access and use certain areas or features of the Sites, you will need to register for an EATALLY Membership. By enrolling in the Membership, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
COMMUNICATION. By creating an EATALLY Ice Cream Membership, you also consent to receive electronic communications from EATALLY Ice Cream (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
MEMBERSHIP. We offer Membership subscription plans for our ice cream (“EATALLY Membership”). We offer Gift Membership subscription plans for our ice cream (“EATALLY Gift Membership”).
CONTINUOUS MEMBERSHIP. When you register for a EATALLY membership, you expressly acknowledge and agree that (a) EATALLY Ice Cream (or our third party payment processor) is authorized to charge you on a monthly basis for your EATALLY Membership (in addition to any applicable taxes and other charges) for as long as your EATALLY Membership continues, and (b) your EATALLY Membership is continuous until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms.
CANCELLATION POLICY. You may cancel your EATALLY Membership at any time by logging into your account and selecting the cancellation button. You must cancel your account by noon on the Friday prior to the delivery week. You are responsible for all EATALLY Membership charges (in addition to any applicable taxes and other charges) incurred before the effective date of your cancellation.
In the event you cancel your EATALLY Membership, please note that we may still send you promotional communications about EATALLY Ice Cream, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
FREE TRIALS AND DISCOUNTS. From time to time, we may offer free trials or discounts for specified periods of time. once your free trial ends, we will begin billing your designated payment method on a recurring basis for your Membership (plus any applicable taxes and other charges) for as long as your Membership continues, unless you cancel your Membership prior to the end of your free trial. Instructions for cancelling your Membership are described in sections above. Please note that you will not receive a notice from us that your free trial or discount period has ended or that the paid portion of your Membership has begun. We reserve the right to modify or terminate free trials or discounts at any time, without notice and in our sole discretion.
PAYMENT AND BILLING INFORMATION. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your EATALLY Membership account, you can do so at any time by logging into your account and editing your payment information.
PRICING. You acknowledge that the amount billed may vary due to promotional offers, changes to your EATALLY Membership or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
AVAILABILITY. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at email@example.com
TAXES. We will collect applicable GST on Products shipped to the locations for which we determine we have a duty to collect GST. If an item is subject to GST, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
SHIPPING. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery times may vary from estimated times displayed.
DELIVERIES. You are responsible for inspecting all Products you receive from EATALLY Ice Cream for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you have any reason to believe that any Product in your delivery is not suitable for consumption, contact us at firstname.lastname@example.org and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately freezer the Products upon delivery.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address, or at an alternate address provided by you, who accepts a delivery from us is presumed to be authorized to receive such delivery with all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Product is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that Product.
NO RESALE. You are not permitted to resell or otherwise use the Products for commercial purposes.
RETURNS AND REFUNDS. If you are dissatisfied with the Product for any reason, please contact us at email@example.com within seven (1) days of the date you received the Product at our expense or, depending on the circumstances, we may provide you a full or partial credit or refund of the purchase price for the Product. We may require the return or photographic documentation of any Product with which you are dissatisfied before we provide you a credit or refund.
If you are dissatisfied with any non-food Product you purchased through the EATALLY Ice Cream Sites, that was shipped to your directly from EATALLY Ice Cream, you may return the Product within fourteen (4) days of the date you received the Product by contacting firstname.lastname@example.org and following the shipping instructions we supply; provided, that all returned Products must be unused and in their original packaging. After we receive your returned Product, we will issue you a refund for the price you paid for the Product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund.
THIRD PARTY CONTENT. We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that EATALLY Ice Cream is not responsible or liable in any manner for such interactions or Third Party Content.
INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless EATALLY Ice Cream, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “EATALLY Ice Cream Parties”), from and against all actual or alleged EATALLY Ice Cream Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify EATALLY Ice Cream of any third party Claims and cooperate with the EATALLY Ice Cream Parties in defending such Claims. You further agree that the EATALLY Ice Cream Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and EATALLY Ice Cream.
DISCLAIMERS. You are solely responsible for the proper and safe storage, use and consumption of the products you receive from EATALLY ice cream. You are also solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using or consuming such products. further, you understand, acknowledge and agree that we store, portion and package products containing all eight (8) major allergens (milk, wheat, egg, peanuts and tree nuts) and cannot guarantee that cross-contamination will not occur between products.
We attempt to display the products and other materials and information you view on the sites, including pricing and nutritional information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information and are not responsible for any claims arising or resulting from your reliance thereon. In the event of an error on our sites, in an order confirmation, in processing or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a refund. You further agree that the products and other materials you receive in your order may vary from the products and materials displayed on the sites due to a number of factors, including, without limitation, system capabilities and constraints of your computer, manufacturing process or supply issues, the availability and variability of products, distinct cooking or other preparation methods and variability of cooking equipment and appliances. The sites may contain information about products that are not available in every location. A reference to a product on the sites does not imply or guarantee that it is or will be available in your location or at the time of your order.
Except as may be provided in a warranty by the manufacturer of a product, all products and the sites and content are provided on an “as is” basis without warranties of any kind, either express or implied. EATALLY Ice Cream disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the sites, content and products, any warranties that arise from trade usage or custom, and any warranties that the sites or products will be free and clear from any adverse lien or security interests.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
TERMINATION. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
SEVERABILITY. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.