Terms and Conditions
This page tells you the terms and conditions upon which we will supply to you the services (Services) listed on our website http://www.hopefullyplated.com (our Site). Please read these terms and conditions carefully before subscribing to one of our Services. You should understand that by subscribing to one of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By completing an order, you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you should not order any Services from our Site.
Information About Us
We, HopefullyPlated, are a limited liability company incorporated in Georgia. We operate the website http://www.hopefullyplated.com.
Our Site is only intended for use by people residing in the State of Georgia (Serviced State) in the United States of America. We do not accept orders from individuals outside the Serviced State.
By contacting us to subscribe to an order through our Site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old;
- You are resident of a Serviced State; and
- You are accessing our Site from a Serviced State.
The Agreement Between You and Us
After contacting us to order service through our standard order form on our Site, you will see in your email how much you will be charged on Friday before your first delivery. Your order is considered final by 12pm(EST) on Friday before the following week’s delivery.
The Contract will relate only to those Services whose dispatch we have confirmed in your email.
The subscription plan to our Services consist of an initial charge followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. HopefullyPlated may submit periodic charges (e.g., weekly) without further authorization from you, until you provide advance notice that you wish to terminate this authorization or wish to change your payment method. Such notice will not affect charges submitted before HopefullyPlated reasonably could act. To terminate your authorization or change your payment method, email firstname.lastname@example.org.
By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with this agreement. You can cancel your subscription at any time, provided that you do so within the applicable cancellation notice period, as defined in in this agreement. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
Auto-renewal. Following your initial subscription period, your subscription will be automatically extended for successive renewal periods of the same length, at the then-current non-promotional subscription rate. To cancel your subscription, you must email email@example.com and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
HopefullyPlated referral links should only be shared with your personal connections via email, your own social media networks, and personal blogs wherein you are the primary content owner. Public distribution on sites where you are not the primary content owner, e.g. HopefullyPlated's social media pages and coupon websites, is not allowed. HopefullyPlated reserves the right to suspend your account and/or revoke any and all referral credits at any time if we feel your credits were inappropriately earned.
If you are contracting as a consumer, you may cancel a Contract at any time before Friday at 11:59AM EST the week before your next scheduled Service delivery, you will receive a full refund of the price paid for the Service in accordance with our refunds policy.
Risk and Title
The Services will be at your risk from the time of delivery.
You, and not HopefullyPlated, are solely responsible for the proper and safe washing, preparation, storage and cooking of the Services. By ordering any of our Services, you agree to use our Services and Products at your own risk.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and Payment
The price of the Services and our delivery charges, if any, will be as quoted in our agreement emailed to you from time to time, except in cases of obvious error.
Service prices include applicable taxes and delivery charges.
Service prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
Payment for all Services must be by credit or debit card. We accept payment with American Express, Visa and Mastercard. We reserve the right to change the payment methods we accept at any time. We will not charge your credit or debit card for a weekly delivery until after the cancellation deadline for such weekly delivery, with the exception of your first delivery under one of our Services which may occur immediately following your initial subscription to said Service.
Our Refunds Policy
If you refuse a Service from us:
Because you have cancelled the Contract between us within the applicable notice period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Service in full, and any applicable delivery charges.
For any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Service is defective), we will notify you of your refund, if any, via phone or e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via phone or e-mail that you were entitled to a refund. If all or part of a Service (Defective Item) is defective, we will credit you an amount equivalent to the value of the Defective Item towards a future purchase, including any applicable delivery charges and any reasonable costs you incur in refusing the Defective Item.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Service purchased from us through our Site 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 are not 100% satisfied with your purchase, you may request a full refund within 7 days of delivery by sending an email to firstname.lastname@example.org. This does not apply to orders larger than $100 and we reserve the right to reject requests deemed to be fraudulent.
If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Services.
Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to HopefullyPlated at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified herein. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
You may print off one copy and may download extracts of any pages from our Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.If you post comments on the Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our Site and in any advertising or social media outlets which we may create or contribute to.
Events Outside Our Control
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract 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 Contract 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 endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Availability and Delivery. Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, absent the occurrence of a Force Majeure Event. In the event of 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.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this agreement.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, 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.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
Our Right to Vary These Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND HOPEFULLY PLATED MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and HopefullyPlated agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the HopefullyPlated Terms, your use of Home Site or Services, or to any products sold or distributed by HopefullyPlated or through the HopefullyPlated Site or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or HopefullyPlated may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and HopefullyPlated subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other HopefullyPlated customers, but is bound by rulings in prior arbitrations involving the same HopefullyPlated customer to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and HopefullyPlated agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and HopefullyPlated agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Hopefully Plated customers.
If for any reason a claim proceeds in court rather than in arbitration both you and HopefullyPlated each waive any right to a jury trial. You and HopefullyPlated also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Law and Jurisdiction
Contracts for the purchase of Services through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by United States law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the state of Georgia.
When you interact with us, we automatically receive and store certain types of information, such as the content you view, the date and time that you view this content, the services you purchase, or your location information associated with your IP address. This information does not include personal information.
We implement a secure processing server on our site when collecting information to ensure a high level of security for your personal information entered such as bank details and credit card information.