Savannah’s Food Co., LLC -
Terms and Conditions of Service
All meal ingredients and other products made available through the Website will be referred to, collectively, as the “Products.” Please read these Terms and Conditions carefully before ordering any products from us or subscribing to one of our services. You should print a copy of these Terms and Conditions for future reference. When using the Website, you will be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms and Conditions.
These Terms and Conditions may be amended by us from time to time at our sole discretion. Please periodically review the controlling version of the Terms and Conditions. By continuing to use the Website subsequent to us making available an amended version of the Terms and Conditions, you thereby acknowledge, agree to, and consent to such amendment. You cannot create an account, buy our Products or subscribe to our services without agreeing to these Terms and Conditions.
Our Website is intended for use only by people residing in the Greater Memphis, TN area. We do not accept orders from individuals outside the delivery area.
By placing an order through our Website, you warrant that:
You are legally capable of entering into binding contracts; You are at least 18 years old.
You are a resident of the approved delivery area.
You are an authorized user for your payment method.
Consent to Electronic Record Keeping
YOU CONSENT TO ENTERING THESE TERMS AND CONDITIONS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS AND CONDITIONS IN ELECTRONIC FORM.
Accessing the Website
You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, you will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at email@example.com. If you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
We make reasonable efforts to display, as accurately as possible, the colors of our Products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of Products you see when viewing the Website will be accurate.
Our Intellectual Property
Savannah’s Food Co. and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR
ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS AND CONDITIONS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration.
Termination of Service
You agree that Savannah’s Food Co. may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms and Conditions; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which SFC believes is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension will be made in SFC sole discretion and that SFC shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.
Upon termination you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content.
These Terms and Conditions constitute the entire agreement between you and Savannah’s Food Co., and govern your use of the Website and purchases and subscriptions made thereon.
These Terms and Conditions supersede any prior agreements between you and us with respect to the Website and purchases made thereon.
We each acknowledge that, in entering into these Terms and Conditions, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
These Terms and Conditions and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties' respective attorneys, will be deemed the drafter of these Terms and Conditions for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Terms and Conditions for Purchases
YOU ACKNOWLEDGE AND AGREE THAT, WHEN YOU MAKE A PURCHASE, YOU WILL BE CHARGED INITIALLY AT THE THEN-CURRENT RATE FOR THE PRODUCTS TO BE OR ALREADY RECEIVED BY YOU.
Your order is considered final by 2pm Central Standard Time, 48 hours before the following delivery day (the “Deadline”), and therefore you must cancel 24 hours prior to the delivery in order to not be charged for such order.
Risk and Title
Once the Products are delivered to you, ownership and the risk of loss passes to you. Following delivery, you, and not Savannah’s Food Co., are solely responsible for the proper and safe washing, preparation, storage and cooking of the Products. By ordering any of our Products, you agree to use our Products at your own risk.
Price and Payment
The prices for our Products and delivery, will be as quoted on this Website from time to time, except in cases of obvious error. Applicable sales taxes will be included at checkout. Our prices may change from time to time, but changes will apply only to orders that are confirmed after the changes are stated on our Website.
Payments must be made by credit or debit card. We accept American Express, Visa and MasterCard. We reserve the right to change the available payment methods at any time. Although we make reasonable efforts to provide accurate pricing information and Product descriptions, pricing mistakes, typographical errors or mistakes regarding Product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the Website is 100% accurate. If a Product is listed at an incorrect price or a Product description is inaccurate, we have the right, in our sole discretion, to reject any order or to cancel any orders placed for that Product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.
We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.
Our Refund Policy
After you accept delivery of a Product from us, if you are not 100% satisfied with the Product (because it is defective or otherwise), you may request a credit redeemable through your account for the future purchase of a Product of equal value thereto (a “Credit”) or a refund therefor within seven days of delivery by sending an email to firstname.lastname@example.org. If part of a Product is defective, we reserve the right to decide in our discretion whether we will provide you with (A) a Credit or a refund in an amount equal to the value of the defective portion(s) or (B) a Credit or a full refund in an amount equal to the full value of the Product. The full refund option does not apply to orders larger than $100 and we reserve the right to reject requests deemed to be fraudulent.
If you refuse delivery of a Product from us because you canceled the order prior to the Deadline for that order, and you are able to provide documentary evidence of such skip, pause or cancelation (for instance, a time-stamped email), we will process a Credit or a full refund as soon as practicable and, in any case, within 30 days of your cancelation request.
If you refuse delivery of a Product from us for any other reason, we will notify you within a reasonable period of time whether you are entitled to a Credit or a refund (and, if so, the amount) by phone or email. If we determine that you are entitled to a Credit or a refund, we will process such Credit or refund within 30 days of communicating our decision to you.
We usually provide refunds using the same method that you used to pay for your purchase.
Limited Product Warranty;
Product Disclaimers And Liability Limitation
We warrant to you that any Product purchased from us through this Website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. If you feel that we have not met the warranty in the previous sentence, you may request a refund pursuant to our refund policy, as outlined above.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, WE HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL IN NO EVENT BE LIABLE FOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS OR THIS WEBSITE WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS WILL CONSTITUTE OUR SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Events Outside Our Control
We will not be liable or responsible for any failure to perform or for any delay in performance of any of our obligations under an order that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order may be performed despite the Force Majeure Event.
Availability and Delivery
Your order will be fulfilled by the delivery date provided in the confirmation, absent the occurrence of a Force Majeure Event. If there is a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.
Food Safety Considerations
You are responsible for the safe handling of all Products made available through Savannah’s Food Co. website. We recommend immediately inspecting all Products you receive from us for any damage or other issues, and to determine freshness upon delivery.
To maintain the quality and safety of the Products, we recommend that you immediately, upon delivery, refrigerate all perishable Products upon delivery and follow all U.S. Department of Agriculture’s (“USDA”) guidelines on food safety for refrigerated/frozen storage and safe food handling. We recommend that you follow all cooking instructions and verify that the cooking temperatures of all meat, poultry and seafood and other applicable items meet USDA’s minimum internal cooking guidelines by using a food thermometer. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.
All Savannah’s Food Co. production facilities actively store, portion, and distribute ingredients that contain all eight (8) major food allergens as determined by the U.S. Food and Drug Administration (“FDA”) (milk, wheat, egg, soy, fish, shellfish, peanuts and tree nuts). While SFC takes precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production and transit which may cause meals or other Products offered in connection with the SFC service to contain some or all of those allergens. Eggs, fish, shellfish, and soy are allergens that are commonly found in
many ingredients, especially some of the sauces that may be used in the Savannah’s Food Co. recipes (fish sauce, Worcestershire sauce, etc.). If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider.