Last Updated: October 29, 2009
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THESE TERMS AND CONDITIONS GOVERN AND APPLY TO THE GOODS AND/OR SERVICES OFFERED TO YOU BY 3 SPOONS LLC (REFERRED TO AS “3 SPOONS” OR “US” OR “WE” OR “OUR”) THROUGH THIS WEBSITE AT HTTP://WWW.3SPOONS.COM (REFERRED TO AS THE “WEBSITE”). ALL SALES MADE BY 3 SPOONS TO YOU ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. ACCORDINGLY, BY ORDERING AND/OR PURCHASING SUCH GOODS AND SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ONE OR MORE OF THESE TERMS AND CONDITIONS, YOU CANNOT USE THE WEBSITE, ORDER OR PURCHASE OUR GOODS OR SERVICES.
THE TERMS AND CONDITIONS SET FORTH HEREIN CONTAIN THE SOLE, ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN 3 SPOONS AND YOU IN THIS TRANSACTION SUPERSEDING ALL PRIOR DISCUSSIONS, PROPOSALS, NEGOTIATIONS, REPRESENTATIONS, AND AGREEMENTS. ANY ADDITIONAL OR CONFLICTING TERMS, WHETHER OR NOT MATERIAL, SHALL NOT, IN ANY MANNER, BY IMPLICATION, BY WAIVER, OR OTHERWISE, GOVERN THE RELATIONSHIP BETWEEN 3 SPOONS AND YOU.
1. OUR ACCEPTANCE AND/OR CANCELLATION OF ORDERS, MEAL CLUB ORDERS AND OTHER GOODS OR SERVICES OFFERED BY 3 SPOONS
Only United States residents who can form legally binding contracts with a delivery address located within particular segments of the San Francisco Bay Area (referred to as our “Delivery Area” and more particularly described on the Website at http://www.3spoons.com/faq/302) are eligible to place, purchase and receive delivery of (a) menu items selected by you (referred to as a “Menu Item” or “Menu Items”); (b) three (3) days of Menu Items for lunch, dinner or both meals, selected by 3 Spoons for you (referred to as a “Meal Club Order” or “Meal Club Orders”); and/or © any other 3 Spoons’ goods or services (referred to as “Other Goods or Services Offered by 3 Spoons” and collectively referred to as our “Goods and Services”). For example, if your deliver address is not located within our Delivery Area, you cannot place, purchase or receive our Goods and Services. Similarly, if you are under the age of eighteen (18), you are not permitted to use or access the Website at any time or in any manner.
By requesting and/or purchasing our Goods and Services, you are representing that you are a U.S. resident with a delivery address located within our Delivery Area who is able form legally binding contracts. 3 Spoons reserves the right at any time and in its sole and exclusive discretion to suspend and/or terminate any one or more of the following: (a) Your Account; (b) your access to the Website; and/or © your use of all or a portion of the Website. 3 Spoons may, but shall be under no obligation to, provide you with a warning prior to taking such action.
Your receipt of an electronic or other form of confirmation does not signify our acceptance of your Goods and Services, nor does it constitute confirmation of our offer to sell. 3 Spoons reserves the right to accept, refuse, limit or cancel your Goods and Services at any time and in its sole and exclusive discretion, whether or not your credit card has been charged. If your credit card has been charged and 3 Spoons refuses, limits or cancels your Goods and Services, you will receive a prompt refund to the credit card account used to purchase the applicable Goods and Services for the amount of any charge paid by you for the refused, limited or cancelled Goods and Services not already fulfilled by us.
3 Spoons reserves the right to supply less than the quantity you ordered of any Menu Item and/or ingredients (including but not limited to herbs, spices, meats, poultry, fish, seafood, nuts, fruits, vegetables, any other produce, dairy goods, grains, flours, oils, condiments and sauces (collectively referred to as “Ingredients”) used in your Goods and Services at any time in its sole and exclusive discretion, without prior notice to you.
3 Spoons makes every effort to maintain the availability of the Website. However, should we experience technical difficulties, we are not responsible for Goods and Services that are not processed or accepted.
2. ORDERING TERMS
You may place orders and/or purchase Goods and Services only after you successfully register for and create an account (referred to on the Website as “My Account” but referred to in these Terms and Conditions of Sale as “Your Account”). When you place orders for our Goods and Services from the Website, your purchase will not be complete until you “click” the “Submit Order” button during the “check-out” process.
Goods and Services must be purchased by you no later than 10:00 a.m. two (2) days prior to your requested delivery date (referred to as the “order cutoff”). For example, if you purchase Goods and Services to be delivery on Sunday, the Order Cutoff is 10:00 a.m. on Friday. Similarly, the Order Cutoff for a Wednesday delivery is 10:00 a.m. on Monday.
Goods and Services purchased as part of a single transaction can only be delivered to a single delivery address. Deliveries to multiple addresses must be purchased as multiple transactions, using a single delivery address for per transaction.
There is a minimum charge (excluding delivery fees and any applicable taxes) for Goods and Services purchased as part of a single transaction (referred to as the “Minimum Order Charge”). If the total cost of Goods and Services for a transaction does not exceed the Minimum Order Charge, 3 Spoons will refuse the transaction and you will not receive any Goods and Services related thereto. 3 spoons reserves the right to change the Minimum Order Charge at any time and in its sole and exclusive discretion.
Our Menu Items, Ingredients, and/or Goods and Services are for your personal use and cannot be resold by you under any circumstances.
Payment and Billing
Terms of payment are within the sole and exclusive discretion of 3 Spoons. Unless otherwise agreed to by us in writing, we must receive payment prior to our acceptance of your purchase of Goods and Services.
Currently, we only accept VISA, MasterCard and Discover credit cards. By placing orders and/or purchasing our Goods and Services, you represent and warrant that: (a) you agree to pay using a valid, unexpired credit card issued to you and branded with the MasterCard, VISA, or Discover Card logo; (b) the credit card information you supply to us is true, correct and complete; © charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred by you at the posted prices, including all applicable delivery fees/costs and taxes. Delivery fees/costs are disclosed with the Website at http://www.3spoons.com/…how-it-works. Sales Tax, if and when required, may also be applied to your purchase of Goods and Services.
Your credit card will be charged for Goods and Services at the time of purchase. All prices are quoted and payable in United States Dollars.
3.
PRICING CHANGES
3 Spoons reserves the right to adjust our prices at any in its time sole and exclusive discretion. For example, we might change our prices based upon (a) market conditions; (b) discontinuation or lack of availability of Menu Items or Ingredients; © price changes of our vendors, distributors, wholesalers, retailers, suppliers, middlemen, partners, and/or agents; (d) price errors posted within the Website or other communications made by 3 Spoons; and/or (e) other extenuating circumstances.
Changes will go into effect immediately upon posting within the Website, but will not apply retroactively to your previous Orders or purchase of Other Goods or Services Offered by 3 Spoons. With respect to transactions involving Meal Club Orders, although pricing changes will not apply retroactively to your previous deliveries, changes will apply to all future deliveries of Meal Club Orders. 3 Spoons will use reasonable efforts to provide you with notice of any price alterations before such changes go into effect. You will be billed in accordance with such price changes at the beginning of the next relevant Billing Period after such change is effective (once revised prices are posted within the Website), or later if required by applicable law.
4. REQUIRED INFORMATION FOR ORDERING GOODS AND SERVICES
To place orders for Goods and Services, you must truthfully provide all of the information as required by Your Account, including but not limited to your legal name, delivery address, mailing address, billing information (such as your valid credit card information and billing address), telephone number(s), email address, special delivery instructions, date of birth and any other information necessary to execute and fulfill your order for Goods and Services (referred to as “Order Information”). 3 Spoons will share your Order Information with third parties for the purpose of verifying the information you provide, obtaining payment and providing delivery services to you. If your Order Information changes, you are responsible for updating it (using Your Account) so that 3 Spoons has your accurate Order Information.
You are responsible for maintaining the confidentiality of your Order Information. Please notify us immediately in the event of any unauthorized use of Your Account or any breach of security such as loss, theft or unauthorized disclosure of your Order Information. You are responsible for all activities which occur under or in connection with Your Account, including amounts billed to your credit card by a third party which was not authorized by you.
5. CANCELLATIONS
You are entitled to cancel orders for existing Goods and Services, in full or in part, and any delivery associated therewith (referred to as a “Delivery Cancellation”) subject to the terms and conditions set forth in this Section 5.
DELIVERY CANCELLATIONS MUST BE SUBMITTED BY YOU AND RECEIVED BY 3 SPOONS BEFORE THE ORDER CUTOFF. This “lead time” is necessary because immediately after the Order Cutoff, 3 Spoons will begin to prepare your Goods and Services.
A Delivery Cancellation will only be accepted by 3 spoons prior to the order cutoff using one of the following three methods of communication:
Website: Logging into Your Account and ________________________.
OR
Selecting “Contact Us” from the Website’s navigation menu (located at the top of all pages within the Website) and then choosing the “Cancel Delivery” heading from the list of email “Subject” options once at the “Contact Us” page
Email: Sending an email to customerservice@3spoons.com (for spam filtering purposes please include “CANCEL DELIVERY” in ALL CAPS in the subject line of your email)
Phone: Calling us at (888) 77-MEALS (888–776–3257) and then selecting the option to leave a message in the “Cancel Delivery” voicemail box
If you submit a Delivery Cancellation which is received by 3 Spoons prior to the Order Cutoff using any one of the authorized methods set forth immediately above, you will receive a credit in the form of a coupon in the amount of any charge paid by you for cancelled Goods and Services. The coupon will be sent to you via email to the address on file with 3 Spoons at the time the coupon is issued. A coupon can be used towards the purchase of future Goods and Services. NO MONETARY PAYMENT OR REFUND WILL BE MADE FOR A DELIVERY CANCELLATION REQUESTED BY YOU.
6. SUBSTITUTIONS OR CHANGES
ONCE YOU HAVE PLACED AN ORDER FOR OUR GOODS AND SERVICES, YOU CANNOT MAKE ANY SUBSTITUTIONS OR CHANGES TO THE APPLICABLE MENU ITEMS, INGREDIENTS AND/OR GOODS AND SERVICES AT ANY TIME.
We are constantly updating and revising our offerings and 3 Spoons may discontinue Menu Items or the use of certain Ingredients at any time without prior notice to you. Additionally, if Menu Items and/or Ingredients are unavailable or do not meet our highest standards, 3 Spoons reserves the right to omit or substitute similar Menu Items and Ingredients at its sole and exclusive discretion at any time without prior notice to you. Accordingly, Goods and Services purchased by you are subject to change at any time without notice. For example, we might discontinue, omit or substitute Menu Items and/or Ingredients based on availability, market price, seasonality, quality of available Ingredients, or other reasons.
To the extent that 3 Spoons provides information on the availability of Menu Items and/or Ingredients within the Website or otherwise, you should not rely on such information. We will not be liable for any Menu Items and/or Ingredients that you may request through the Website which are unavailable.
7. IMPORTANT HEALTH INFORMATION
Prior to consuming any Menu items and/or Ingredients included with our Goods and Services you should always read any warnings, instructions and information listed on the packaging labels attached to each container.
3 SPOONS DOES NOT GUARANTEE THE ACCURACY OF THE INGREDIENTS LISTED AS PART OF OUR LABELS, PACKAGING, INFORMATION, CONTENT AND/OR MATERIALS INCLUDED WITHIN OR IN ANY WAY RELATED TO THE WEBSITE OR OTHERWISE OBTAINED BY YOU FROM 3 SPOONS.
3 Spoons is not a medical organization and we cannot give you medical advice or diagnosis. You hereby acknowledge and agree that no information provided by 3 Spoons or the Website should be construed as medical advice or diagnosis and the information generated by us or provided on the Website is not a substitute for physician consultation and treatment. You should seek the advice of a physician before beginning any diet or exercise plan or regimen, whether you suffer from a medical condition or are simply “health conscious.”
8. FOOD ALLERGIES
3 SPOONS IS UNABLE TO ACCOMMODATE INDIVIDUALS SUFFERING FROM ANY TYPE OF FOOD (OR RELATED) ALLERGY. IF YOU SUFFER FROM OR THINK YOU MIGHT HAVE ONE OR MORE OF THESE ALLERGIES, YOU SHOULD NOT ORDER GOODS AND SERVICES.
Menu items and/or Ingredients included with our Goods and Services are prepared in facilities that routinely process nuts, nut seed oil, dairy goods, shellfish, pork and other Ingredients which contain allergens. We cannot guarantee the complete absence of allergens or traces of allergens from Menu items and/or Ingredients included with our Goods and Services. Menu Items and/or Ingredients included with our Goods and Services may also contain allergens or trace Ingredients that are not listed on packaging and/or labels. 3 Spoons cannot guarantee, and shall not be responsible for, the presence of any food allergens in Menu Items and/or Ingredients included with our Goods and Services.
CAUTION: We employee every tactic to remove any shells, stones or similar particles from our food. Nevertheless, there is a chance that one or more of these items may be missed occasionally.
9. PROPERTY
3 Spoons makes all deliveries in reusable cooler bags with ice gel packs (collectively referred to as a “Cooler” or “Coolers”), all of which is the property of 3 Spoons.
3 Spoons will pick up your Cooler(s) during your next delivery if you:
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(a) Place a new Order; AND (b) schedule delivery of that Order within fourteen (14) days of your most recent delivery; or
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(a) Receive Meal Club Orders; AND (b) have a delivery scheduled within fourteen (14) days of your most recent delivery.
Otherwise, you are responsible for scheduling a Cooler pick up within fourteen (14) days of your most recent delivery by using one of the following methods of communication to contact 3 Spoons:
Website: Selecting “Contact Us” from the Website’s navigation menu (located at the top of all pages within the Website) and then choose the “Cooler Pick Up” heading from the list of email “Subject” options once at the “Contact Us” page
Email: Sending an email to customerservice@3spoons.com (for spam filtering purposes please include “COOLER PICK UP” in ALL CAPS in the subject line of your email)
Phone: Calling us at (888) 77-MEALS (888–776–3257) and then selecting the option to leave a message in the “Cooler Pick Up” voicemail box.
3 Spoons reserves the right to charge you a fee for each Cooler that you fail to return to 3 Spoons within fourteen (14) days after your most recent delivery. Cooler fees are disclosed with the Website at http://www.3spoons.com/…how-it-works. 3 Spoons reserves the right at any time and in its sole and exclusive discretion to change any term or condition related to Cooler fees.
10. DELIVERY
CURRENTLY, 3 SPOONS DELIVERS ONLY TO LIMITED AREAS WITHIN THE SAN FRANCISCO BAY AREA (REFERRED TO AS THE “3 SPOONS DELIVERY AREA”) AND MORE PARTICULARLY DESCRIBED ON THE WEBSITE AT HTTP://WWW.3SPOONS.COM/FAQ/302. IF YOU DO NOT HAVE A DELIVERY ADDRESS WITHIN OUR DELIVERY AREA, YOU CANNOT REGISTER FOR YOUR ACCOUNT OR PLACE AN ORDER FOR OUR GOODS AND SERVICES.
3 SPOONS ONLY MAKES DELIVERS ON WEDNESDAYS AND SUNDAYS AT SPECIFIC TIMES (REFERRED TO AS A “DELIVERY WINDOW”). Specific information about Delivery Windows is located with the Website at http://www.3spoons.com/faq/302. A Delivery Window is merely an estimated time and not a guaranteed time of delivery. We will make reasonable efforts to contact you as soon as possible if we intend to make a delivery outside of your Delivery Window. 3 Spoons reserves the right to change the time and/or days for Delivery Windows at any time in its sole and exclusive discretion.
3 Spoons will not, under any circumstances or for any reason, either before or after you receive a delivery, drop off additional Menu Items, Ingredients or a “side of something” not included with your Goods and Services at the time of purchase.
Delivery Fees
A fee is charged (referred to as a “Delivery Fee”) for each customer at a delivery address on occasion of every delivery of Goods and Services.
For example, if two (2) customers receive deliveries at the same delivery address, each customer will be charged a Delivery Fee (hypothetically, if the Delivery Fee is $10.00, each customer would be charged for a total of $20.00). Delivery Fees are disclosed with the Website at http://www.3spoons.com/…how-it-works and will be applied when you place an order for Goods and Services. 3 Spoons reserves the right to change the amount charged for Delivery Fees at any time in its sole and exclusive discretion.
Please be aware that the Delivery Fee is separate, distinct and exclusive from (not included as part of) the Minimum Order Charge for each purchase (transaction) involving one or more Goods and Services.
Special Delivery Instructions if No One is Home
If no one is available to personally accept delivery of your Orders or Meal Club Orders, one or more Coolers will be left at your delivery address during your scheduled Delivery Window in accordance with pre-approved special delivery instructions (referred to as “Special Delivery Instructions”).
When registering for Your Account, you will be required to provide 3 Spoons with Special Delivery Instructions. 3 Spoons reserves the right to approve, reject or change Special Delivery Instructions, in whole or part, at any time in its sole and exclusive discretion.
Prior to your placing, purchasing or 3 Spoons accepting any order for Goods and Services, we will review your Special Delivery Instructions and send you an email informing you whether or not we approve your Special Delivery Instructions. If your Special Delivery Instructions are not approved, in whole or part, you will not receive any deliveries of Good and Services until your Special Delivery Instructions have been revised by you and thereafter approved by 3 Spoons. We will contact you to discuss how to __________________.
3 SPOONS DOES NOT ACCEPT AND WILL NOT USE ANY KEYS TO DELIVER GOODS AND SERVICES. PLEASE MAKE SURE YOUR SPECIAL DELIVERY INSTRUCTIONS DO NOT INCLUDE THE USE OF KEYS.
Your must leave Coolers to be picked up by 3 Spoons in accordance with your Special Delivery Instructions NO LATER THAN 3:00 P.M. ON THE DAY OF YOUR DELIVERY.
Care and Storage of Menu Items and Ingredients After Delivery
3 Spoons is not responsible or liable for any Menu Items and/or Ingredients included with Goods and Services once delivered to you. It is your responsibility to ensure:
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Menu items and/or Ingredients do not spoil (we suggest that the delivery location used for your Special Delivery Instructions is situated in a cool and dry place which is not exposed to excessive sunlight and/or heat). The use of Coolers by 3 Spoons for deliveries does not prevent the need for immediate refrigeration at 38 to 40 degrees Fahrenheit. Deliveries left for you in accordance with Special Delivery Instructions must be refrigerated within two (2) hours. Take Menu Items out of Coolers before placing them in your refrigerator. In warm weather, use a cooler with ice when transporting Menu Items.
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The safety of all deliveries (we suggest that you select a protected location in your Special Delivery Instructions).
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Coolers and any other property of 3 Spoons are neither lost nor stolen.
Labels and/or packaging used by 3 Spoons include “enjoy by” dates which should be strictly followed. Menu Items and/or Ingredients should NOT be consumed by anyone, under any circumstances after the applicable “enjoy by” date.
PLEASE REMEMBER, 3 SPOONS DOES NOT GUARANTEE THE ACCURACY OF THE INGREDIENTS LISTED AS PART OF OUR LABELS, PACKAGING, INFORMATION, CONTENT AND/OR MATERIALS INCLUDED WITHIN OR IN ANY WAY RELATED TO THE WEBSITE OR OTHERWISE OBTAINED BY YOU FROM 3 SPOONS.
Delivery Errors
Notwithstanding anything to the contrary in these Terms and Conditions of Sale, 3 Spoons reserves the right in its sole and exclusive discretion to issue a credit in the form of a coupon if, following the delivery of your applicable purchase of Goods and Services: (a) you do not receive one or more Menu Items; (b) you receive one or more incorrect Menu Items; and/or © you receive one or more incorrect portion sizes (referred to collectively as “Delivery Errors”). In order to review and make a decision with respect Delivery Errors, you may be asked to submit pertinent documentation and/or unused portions of Menu Items related to the purchase of Goods and Services at issue.
Coupons can be used towards the purchase of future Goods and Services and will be sent to you via email to the address on file with 3 Spoons at the time the coupon is issued. 3 Spoons will determine the amount of any credit owed to you, whether for the full amount or a portion of the Delivery Error. NO MONETARY PAYMENT OR REFUND WILL BE MADE FOR ANY COUPON ISSUED IN CONNECTION WITH ONE OF THE ABOVE-MENTIONED DELIVER ERRORS.
ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL 3 SPOONS ISSUE YOU A CREDIT, REFUND OR MONETARY PAYMENT IF YOU ARE DISSATISFIED WITH THE QUALITY OR TASTE OF ANY MENU ITEMS, INGREDIENTS AND/OR GOODS AND SERVICES.
11. ADVERTISING DISCLAIMER AND TRADEMARKS
Some of the descriptions that are posted on our Website are the representations of our respective vendors, distributors, wholesalers, retailers, suppliers, middlemen, partners, and/or agents. 3 Spoons is not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or delivery errors.
In the event one or more of our Menu Items, Ingredients, Goods and Services are listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from a third party, 3 Spoons reserves the right to refuse or cancel Goods and Services at any time and in its sole and exclusive discretion, whether or not your purchase has been confirmed and your credit card charged. If your credit card has already been charged and 3 Spoons cancels your Goods and Services, 3 Spoons will immediately issue a credit to your credit card account used for that purchase in the amount of the charge.
All trademarks and registered trademarks relating to Menu Items, Ingredients, Goods and Services available through the Website are the sole property of their respective owners. Photographs are courtesy of 3 Spoons or its respective vendors, distributors, wholesalers, retailers, suppliers, middlemen, partners, and/or agents.
12. DISCLAIMERS OF WARRANTIES
IN ADDITION TO THE DISCLAIMERS THAT ARE POSTED ON THE WEBSITE’S TERMS AND CONDITIONS OF USE, WHICH GOVERN ANY USE OF THE WEBSITE, THE FOLLOWING DISCLAIMERS APPLY TO GOODS AND SERVICES OFFERED BY 3 SPOONS.
THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY MENU ITEMS, INGREDIENTS, GOODS AND SERVICES, CONTENT AND/OR MATERIALS INCLUDED WITHIN OR IN ANY WAY RELATED TO THE WEBSITE OBTAINED FROM 3 SPOONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 3 SPOONS MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND EFFECTIVENESS AS TO THE OPERATION OF THE WEBSITE.
NEITHER 3 SPOONS NOR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, LICENSORS, AFFILIATED COMPANIES, VENDORS, SUPPLIERS, PARTNERS AND OTHER REPRESENTATIVES (COLLECTIVELY REFERRED TO AS “AFFILIATES”) MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE HEALTH BENEFITS OR MEDICAL EFFECTS OF MENU ITEMS, INGREDIENTS, GOODS AND SERVICES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM 3 SPOONS, ITS AFFILIATES, OR THROUGH THE WEBSITE SHALL CONSTITUTE MEDICAL ADVICE OR CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF SALE.
WITHOUT LIMITING THE FOREGOING, 3 SPOONS AND ITS AFFILIATES MAKE NO WARRANTY THAT ANY OF THE MENU ITEMS, INGREDIENTS, GOODS AND SERVICES, INFORMATION, CONTENT AND/OR MATERIALS AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR THAT THE QUALITY OF ANY OF OUR MENU ITEMS, INGREDIENTS, GOODS AND SERVICES, INFORMATION, CONTENT AND/OR MATERIALS WILL MEET YOUR EXPECTATIONS.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH A JURISDICTION IS APPLICABLE.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL 3 SPOONS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, HEALTH-RELATED ISSUES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, THE LOSS OF GOODWILL, AND/OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF OUR AFFILIATES), FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICABLE GOODS AND SERVICES. ACCORDINGLY, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY REASON AND FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE APPLICABLE GOODS AND SERVICES YOU HAVE PURCHASED THROUGH THE WEBSITE.
THE LIMITATIONS OR EXCLUSIONS ON LIABILITY FOR CERTAIN DAMAGES INCLUDED IN THIS SECTION 13 MAY BE PROHIBITED UNDER THE LAWS OF CERTAIN JURISDICTIONS AND, ACCORDINGLY, MAY NOT APPLY TO YOU TO THE EXTENT THAT THE LAW OF SUCH A JURISDICTION IS APPLICABLE. NO EMPLOYEES OR REPRESENTATIVES OF 3 SPOONS IS AUTHORIZED TO MODIFY THIS LIMITATION.
14. INDEMNIFICATION
You agree to indemnify, defend and hold 3 Spoons and its Affiliates harmless from and against any and all liabilities, losses, claims, actions, proceedings, damages, costs, expenses, demands and settlements including without limitation legal and accounting fees related to, or arising from, or resulting from, or alleged to relate to or arise or result from: (a) your violation of these Terms and Conditions of Sale; (b) any fraud, manipulation, deception or misrepresentation by you; © any other wrongdoing, willful misconduct or negligence on your part with respect to 3 Spoons Menu Items, Ingredients, Goods and Services,; and/or (d) any violation of applicable federal or state laws or regulations.
15. PRIVACY AND CUSTOMER INFORMATION
3 Spoons is committed to protecting your privacy. To make your experience at the Website more convenient, we gather information about you. 3 Spoons maintains the privacy of your information using reasonable standard technology to protect the security of your information. For further information and details, see our Privacy Policy.
You may update Your Account information at any time by following the instructions posted elsewhere on the Website. Once logged into Your Account, you may update information such as your name, username, password, delivery address, billing address, email address, telephone number, credit card information, employer, job title and department.
16. FORCE MAJEURE
In addition to any excuse provided by applicable law, 3 Spoons shall be excused from liability and shall not be responsible in any way for its failure to perform its obligations under these Terms and Conditions of Sale (including without limitation the non-delivery or delay in delivery of any Goods and Services,) in which performance is prevented or hindered by any cause or event beyond our reasonable control whether or not foreseeable by any party, including but not limited to acts of God, embargo, war, strikes, riots, labor disturbances, fire, flood, earthquakes, explosions, adverse weather, inability to secure transportation, transportation delays (such as traffic, mechanical problems and accidents), disruption in utility service (such as electricity, gas, telephone, internet service and water), Internet or Website server failures, other Internet-related failures or problems, personal illness, personal sickness, spoilage of Menu Items or Ingredients, delays (whether caused by our vendors, distributors, wholesalers, retailers, and/or suppliers), customer act or neglect, laws, rules, regulations or orders of any governmental authority and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
17. NOTIFICATION OF CHANGES
These Terms and Conditions of Sale may be modified only by our posting such revisions within the Website or by written agreement signed by you and 3 Spoons.
3 Spoons reserves the right to change these Terms and Conditions of Sale at any time in its sole and exclusive discretion. Any such Any such changes, modifications or alterations (as reflected by the “Last Updated” date at the top of the Terms and Conditions of Sale) shall be effective, and apply to all purchases of Goods and Services, immediately from and after notice thereof by our posting such revisions within the Website.
You acknowledge and agree that it is your responsibility to review this Website and check the Terms and Conditions of Sale periodically to stay abreast of any revisions prior to purchasing any of our Goods and Services. Each use of the Website by you following the posting of revised Terms and Conditions of Sale shall constitute and be deemed your unconditional acceptance of the revised Terms and Conditions of Sale and agreement be bound by any future changes thereto.
IF YOU DO NOT AGREE TO BE BOUND BY THE THEN-CURRENT TERMS AND CONDITIONS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE WEBSITE AND STOP ORDERING AND/OR PURCHASING OUR GOODS OR SERVICES.
18. MISCELLANEOUS TERMS
Assignment of Rights and Obligations
You may not assign these Terms and Conditions of Sale or any of your rights and obligations hereunder to a third person without first obtaining the express written consent of 3 Spoons.
3 Spoons may assign its rights and obligations under these Terms and Conditions of Sale which will inure to the benefit of our successors, assigns and licensees.
Governing Law
This Website (excluding linked third party websites) is controlled by 3 Spoons from our office within the State of California, San Francisco County. If you choose to access the Website and place an order for (or purchase) one or more Goods and Services, you do so on your own initiative with the knowledge that these Terms and Conditions of Sale are entered into, and all aspects of the relationship and dealings between you and 3 Spoons, shall be governed by and construed in accordance with the laws of the State of California, exclusive of its conflict of laws rules. If you are unwilling to have California law applied, do not use the Website.
Jurisdiction and Venue
You expressly agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in the County of San Francisco in the State of California, for any actions, claims, proceedings, or disputes arising directly or indirectly out of, under or related to these Terms and Conditions of Sale, Menu Items, Ingredients, Goods and Services. You also expressly agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Attorney Fees
If any legal action, including but not limited to an action for declaratory relief, is commenced or prosecuted to enforce or interpret any term, covenant or condition of these Terms and Conditions of Sale, the prevailing party will be entitled to reasonable attorneys’ fees, costs (including expert costs) and necessary disbursements in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Terms and Conditions of Sale.
Entire Agreement
These Terms and Conditions of Sale, together with the Website’s Terms and Conditions of Use and Privacy Policy, are the entire agreement between you and 3 Spoons relating to the subject matter herein. Any additional or conflicting terms, whether or not material, shall not, in any manner, by implication, by waiver or otherwise, govern the relationship between 3 Spoons and you. Accordingly, to the extent that anything in these Terms and Conditions of Sale is in conflict or inconsistent with the Website’s Terms and Conditions of Use, these Terms and Conditions of Sale shall control.
Severability
In the event that any portion of these Terms and Conditions of Sale are held by a court or other tribunal of competent jurisdiction to be void or otherwise unenforceable, said portion shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions of Sale will otherwise remain in full force and effect.
Waiver
The failure of either you or 3 Spoons to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Sale, or to exercise any right under these Terms and Conditions of Sale, will not be construed as a waiver or relinquishment to any extent of such party’s rights or remedies.
Contact Information
For questions and comments about the practices of this Website or your dealings with this Website, please contact us by using one of the following methods of communication:
Website: Selecting “Contact Us” from the Website’s navigation menu (located at the top of all pages within the Website) and then choose the “General Comments” heading from the list of email “Subject” options once at the “Contact Us” page
Email: Sending an email to customerservice@3spoons.com (for spam filtering purposes please include “GENERAL COMMENTS” in ALL CAPS in the subject line of your email)
Mail: Sending a letter delivered by first class U.S. postal mail (with postage prepaid) or overnight courier to:
3 Spoons LLC
ATTN: GENERAL COMMENTS
2948 Folsom Street
San Francisco, CA 94110
