Terms of Service and Privacy Notice
Effie’s Homemade, LLC Customer Agreement
This Agreement (the "Agreement") is an agreement between you and Effie’s Homemade, LLC ("Effie’s") that states the terms and conditions under which you may use the Site and receive Effie’s service, which includes processing and delivery of product orders ("Effie’s Service"). Your use of Effie’s Service and the Site constitutes your agreement to the terms and conditions set forth below.
Ordering and Delivery
Our primary carrier is United Parcel Service (UPS). We use their Ground service and can ship anywhere in the USA. On exception we may use Federal Express for specific co-branded products that are fulfilled by our online partner(s).
Shipping costs are calculated in real time during the check-out for your purchase. Rates vary by weight, state and postal code. The rates represented include residential charges. No handling fees are applied.
Orders are shipped five days a week (no service on Saturday or Sunday) between the hours of 9:00 am and 5:00 pm. UPS only delivers to street addresses. Please do not use PO boxes as this will cause delays and possibly cancellation/return of your order. Please allow seven (7) business days for delivery of your order. A confirmation receipt will be provided to you, so that you may track the status of your order.
You may cancel or change your order prior to shipment. Note that updated orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders is not permitted once the ordered products have shipped .
Receipt of Goods
Delivery will be made to the indicated address. You are not required to accept the delivery in person. By agreeing to these Terms and Conditions you are authorizing Effie’s to deliver and leave your order at the indicated address without a signature or confirmation of receipt. If we are unable to deliver the order to you for any reason, the order will be canceled and you will be refunded all shipping fees. Your order will arrive with an invoice that will list all of the items you have received and were billed for. If you have a question with your order, please Contact us.
Effie’s does not accept returns or exchanges. In the event that your shipment or the products are defective, please Contact us with the “Best By” date stamped on the product and we will replace your order or issue you a refund at our discretion.
Effie’s shall not be liable for any failure or delay in shipping, delivery, or the quality and state of products upon delivery to the extent said delays or quality issues are proximately caused (I) by causes beyond that Effie's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, inclement weather, acts of god, government action or strife. If your designated delivery location is inaccessible, rendering the chosen carrier unable to make the delivery, we will contact you to determine the best alternate location and additional shipping charges may apply.
Price and Availability
Whilst every effort is made to ensure accuracy of prices and availability of the products featured on this Site, this cannot be guaranteed and price and availability information may change without notice. As it is our goal to always provide fresh, high-quality products, from time to time certain products may be unavailable due to market conditions beyond our control or to quality that is below our standards. Therefore, we reserve the right to limit the quantity of a particular product that you may order. Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price.
Promotional Discounts may be offered from time to time by Effie’s. These discounts are limited to one per purchase and one use per customer. Markdowns are taken from regular prices and promotional discounts are not applicable to any sale items. These promotions cannot be combined with any other offers or coupons and apply to U.S. orders only.
Credit and certain debit cards are the only form of payment accepted by Effie’s. Your credit card will be charged the actual cost that is determined at checkout. Effie’s will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. In the event such an order is processed, however, Effie’s reserves the right to collect funds for any uncollected transactions owed to it or fees incurred by Effie’s.
If you fail to pay any costs or charges when due or if a redelivery fee is imposed, Effie’s may charge such amount directly to the credit card identified in your Customer Account Information and Effie’s may suspend or terminate your access to the Service. You shall be responsible and liable for any costs, including attorneys’ costs and collection costs, that Effie’s may incur in its efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by Effie’s and/or by your credit card issuer.
Effie’s does not charge sales tax for purchases made through the Site. If you live in a state that imposes a tax on your purchased products, it is your responsibility to declare these online purchases on your tax returns. Effie’s bears no responsibility for the withholding or payment of sales tax, where applicable by law and you agree to indemnify Effie’s against any applicable payments owed by you. For more information, seek advice from a tax professional.
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Effie’s. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with Effie’s for your use. Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Effie’s is strictly prohibited. You acknowledge that Effie’s and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Effie’s reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Effie’s
“Effie’s,” all Effie’s logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Effie’s or otherwise proprietary to Effie’s and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the Site or the Service.
Use of the Service
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
You acknowledge that from time to time the Service or the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the control of Effie’s or which are not reasonably foreseeable by Effie’s.
User Name and Password
You are not required to create an account to make purchases through the Site. You may alternatively proceed directly to the check-out page to complete your purchase. Registering your account provides many benefits, including faster check-out times, special promotions, rewards, and gifts, when applicable.
If you choose to register an account for the Service, it is accomplished through the use of a user name and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password. You agree to notify Effie’s promptly of any unauthorized use of your password and you will remain liable for any use of the Service until you notify Effie’s of the unauthorized use of your password to the extent permitted by law.
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, email address, and alternate receiver for your order. You can update your information in the “My Account” area on the Site. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Effie’s, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement.
If you would like to update or correct information previously provided to us, you can update your account information on the Site.
Effie’s Homemade, LLC Privacy Agreement
Effie’s Homemade is committed to protecting your privacy online. This page describes how we collect and use the information you provide to us as well as the measures we take to secure it.
Credit Card Security
Your credit card information is protected with a secure SSL Certificate that encrypts all of your transactions through our site with industry-standard secure sockets layer (SSL) technology. Both your credit card information and personal information are protected. It is our strict policy that no customer data is ever released into the public domain for marketing or any other purposes.
How We Collect and Use Information
We collect, store, and use any information that you submit via email or any of the forms on our website. We use collected information for the purpose of administering our business activities such as completing and tracking orders, customer service, communicating with customers, administering giveaways and other promotions, troubleshooting, improving the website design and functionality, and other business uses. Occasionally we will send you promotional messages by email. You will always have the option to opt out of such communications.
Effie's Homemade does not charge sales tax on online transactions. If you live in a state that imposes a tax on groceries, it is your responsibility to declare those online purchases on your tax returns Seek advice from a tax expert if you have more questions about this.
Effie’s may use certain aggregated information concerning customers demographics and purchasing in order to develop additional products, marketing, or for internal policies, projects, research and development of Effie’s.
Third Party Disclosure
We do not intentionally share your information with third parties except as required to enforce this Agreement, protect the rights, property, or safety of Effie’s or its customers, as required by law or to facilitate business operations with the following partners:
Our shopping cart is powered by Sum Effect Software Inc. based in Franklin, TN. The company’s eccommerce platform called CoreCommerce is PCI compliant adhering to standards and protocols for building and maintaining secure networks for financial transactions. For more information on Core Commerce’s security policies click here.
UPS is our shipping partner as outlined in our Shipping and Returns section.
Effie’s Homemade, LLC Additional Terms
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EFFIE’S DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE; EFFIE’S DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. EFFIE’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICES. EFFIE’S DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER EFFIE’S NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “EFFIE’S PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICE, OR THE INTERNET. EFFIE’S’ LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TO TERMINATE THIS AGREEMENT. EFFIE’S RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Governing Law; Jurisdiction
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Effie’s or relating in any way to your use of the Service or the Site resides in the federal and state courts of Massachusetts and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Massachusetts in connection with any such dispute. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it will be deemed barred.
By using our website you consent to our collection and use of your personal information as described herein. Effie’s reserves the right to add or change these Terms, Conditions, and Privacy policies at any time. If we change our policies and procedures, these changes will be posted on the website and will become effective twenty-four (24) hours after being posted. You will be deemed to have accepted any change if you continue to access the Site after that time. Effie’s may suspend or terminate this Agreement or the Service or remove or disable access to any portion of the Service at any time for any reason without notice.