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FAQ, Policies, Terms and Conditions of Service for The Sweet Botanist
*Updated 02/01/23

 

Welcome to The Sweet Botanist, and thank you for choosing us for your culinary needs. The following Terms and Conditions of Service (“Terms” or “Agreement”) are important and affect your legal rights, so please read them carefully. By using our services and submitting an order, you agree to be bound by these Terms, including all the terms incorporated herein by reference, including our Privacy Policy.

 

The Sweet Botanist LLC, doing business as The Sweet Botanist (“The Sweet Botanist,” “we,” “our,” “us,” or “company”) operates TheSweetBotanist.com (“Site”) and our mobile applications (“App”) and makes them available to visitors and users. (“you” or “your”).

 

By ordering, completing the registration process, or by visiting or using our Site, our products, our App, you represent and agree that:

 

You have read, understand, and agree to be bound by these Terms; 

-You are of legal age to form a binding contract with us, and you have the authority to enter into the Terms personally or on behalf of the individual you have named as the user and to bind either yourself or the named individual to these Terms.

 

-The term “you” refers to the individual or legal entity as applicable, identified as the user you registered on the Site. If you do not agree to be bound by these terms, you may not access or use this Site, the App, services, or offerings. If you do not agree to these Terms, you may not access or use our Site, the App, order, receive, or use our products.

 

The Sweet Botanist's Meal Prep & Bakery Services

The Sweet Botanist offers pre order meal prep and bakery services. Orders must be submitted on Friday by 9pm EST and will be received the following Wednesday through Saturday. We offer free curbside pick up and delivery/ shipping for a fee. For rush orders please text 717-600-4655 for availability. 

 

Meal Prep, Bakery and Online Market Refund Policy

Non subscription orders canceled within 24 hours of ordering will receive a refund, minus a 10% processing fee. Orders canceled after 24 hours and at least 10 days prior to pick up/delivery, will be issued a credit in the amount paid, to be used in the next 30 days in full. Due to the subjective nature of taste, refunds will not be given due to the dislike of flavor. *Refund credits expire in 30 days. 

 

The Sweet Botanist's Subscription Service

Our subscription service is an automatic, recurring weekly or bi weekly six week/ order subscription to The Sweet Botanist products ("Subscription Service" or "Service"). Weekly or bi weekly you will receive a package from The Sweet Botanist (your "Box"), including the contents of your subscription. You can find specific details regarding your subscription and The Sweet Botanist Services by accessing your Account details via the Site. Subscriptions CAN NOT be canceled or terminated early.

 

*Subscriptions must meet a 60% of your original order minimum. If your selections do not meet the minimum, your cart will be automatically filled to meet the minimum and renewed. If you do not change your items from the previous subscription renewal, the same items will be automatically renewed, *with the exception of new menu weeks where your subscription cart will be automatically filled based on your previous preferences.

 

Pausing your Order

During any production week, you have the option of pausing your deliveries. In order to do so, log on to your account page on the Site, select a particular week, and then click on the “Pause” button. You will not be charged for any week in which your order is paused. Please note that this action cannot be taken for any scheduled order which has already “renewed.” Additionally, pausing an order shall only apply to the week in which you pause, and automatic deliveries will commence the following week until 6 orders have been fulfilled. 

 

**Auto-Renewal Subscription Feature

THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC 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. THE SWEET BOTANIST MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (10 days). YOU CANNOT CANCEL YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM.

 

Subscription Service Cancellation and Refund Policy

Once a customer subscribes to the Subscription Service, they are locked in for a minimum of six (6) weeks/ orders. During this period, customers will not be able to cancel or modify their subscription length. After the six-week period has ended or six orders have been renewed, customers may cancel or modify their subscription via the Site, at least (8) business days before their next scheduled delivery. Subscriptions are non-refundable.

Shipping, Delivery and Pick Up

The Sweet Botanist is not responsible for any damage to the products during shipping or delivery. We take all necessary precautions to ensure that the products are packaged safely and securely, but we cannot guarantee the condition of the products upon arrival. The responsibility for the condition and safety of the products passes to the customer once they have been shipped, delivered or picked up. 

 

Pick Up Specifics

Please see our current schedule for pick up dates and availability. Availability is subject to change. In the case of weather which inhibits the ability to make safe pickups, or other events beyond our control that interfere with our ability to provide pick up at the scheduled time, we will attempt to reschedule your Order pick up as soon as reasonably possible. In some cases, pick up may occur on a date other than your scheduled delivery day. If this occurs we will contact you at the number provided at the time of ordering. 

 

Delivery and Shipping Specifics

 In the case of weather which inhibits the ability to make safe deliveries, 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 on a date other than your scheduled delivery day. If this occurs we will contact you at the number provided at the time of ordering. 

 

Food Safety. Storage and Liability

The Sweet Botanist uses specific materials to refrigerate perishable items and also uses third party delivery companies to ship orders to customers. Please note that you are responsible for reviewing your order  upon delivery of shipped or “local” deliveries and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your order is delivered, your order will be left at your door or in a common area. Upon the completion of your review of your order, we recommend that you place all perishables in your refrigerator immediately to ensure the ingredients’ integrity. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps and storage of the contents. For “local” deliveries, if you will not be home, leaving a 12x24 cooler with an ice pack is HIGHLY recommended to insure food safety and quality. The Sweet Botanist is not liable for any damages, including but not limited to physical injury, illness, or property damage, resulting from the use or consumption of our products.

 

Product Information and Accuracy

The Sweet Botanist strives to ensure that all product information, including ingredients, allergens, and nutritional information, is accurate and up-to-date. However, we cannot guarantee that all information provided is complete, accurate, or current. The Sweet Botanist is not responsible for any errors or omissions in product information.

 

***Food Allergies

All food allergies and dietary restrictions should be discussed prior to ordering. The Sweet Botanist is not liable for any damages to shipped food or the condition and safety of food after pick up or delivery. The Sweet Botanist is not liable for any allergic reactions or adverse health effects resulting from the consumption of our products. It is the customer's responsibility to inform us of any dietary restrictions or allergies prior to placing an order.

 

***Allergen Information. PLEASE NOTE THAT FIVE OF THE MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, SOY, TREE NUTS, PEANUTS, AND SESAME ARE STORED, PORTIONED, AND PACKAGED IN THE SWEET BOTANISTS AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE THE SWEET BOTANIST TAKES PRECAUTIONS TO LIMIT ANY CROSS CONTAMINATION, CROSS CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE PRODUCTS, OR MEAL BOX, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. 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. THE SWEET BOTANIST DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE INGREDIENT/ PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONTACT THE SWEET BOTANIST IN ORDER TO PROVIDE INFORMATION DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

 

Substituting Ingredients

Due to supply chain issues or other unforeseen circumstances, The Sweet Botanist may need to substitute ingredients in your order. We appreciate your understanding and patience. If you have any extreme food dislikes (that would not be okay as a substitution), please note in the order comments.

 

DISCLAIMER: The Sweet Botanist, does not own the trademark rights to terms used to describe faux vegan food and beverage. I am not affiliated with these brands or products in any way. References to animal products (example: meats and cheeses) are referring to vegan substitutes.

 

Events

The Sweet Botanist may offer fundraisers, ticketed events or classes which are non-refundable. The Sweet Botanist reserves the right to cancel or postpone an event due to unforeseen circumstances. In such cases, The Sweet Botanist will make every effort to reschedule the event, or provide a credit to be used towards a future event or service.

 

Catering Deposit and Refund Policy 

Catering applies to orders accommodating eight or more. A 50% deposit is required at the time of booking. Balance must be paid in full within 30 days of the event. In the event of cancellation, the 50% deposit is non-refundable. If the event is canceled within 30 days prior to the event date, the Client will be responsible for the full payment of the services outlined in this agreement. Catering services may be subject to a 20% service fee. 

 

Classes and Personal Chef Services

A 50% non refundable deposit is required at the time of scheduling. In the event of cancellation. If the classes or personal Chef services are canceled within 14 days prior to the event date, the Client will be responsible for the full payment of the services outlined in this agreement. Personal chef services may be subject to a 20% service fee. 

 

Gift Cards

The Sweet Botanist offers gift cards that can be redeemed on our Site. Please note that gift cards cannot be used for events, catering or at festivals/pop-ups. The Sweet Botanist is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). Gift cards cannot be exchanged for cash or refunded. *Gift credits are not the same as gift cards and expire in 30 days.

 

Promotional Codes

Discounts & Coupons: Offer codes may not be combined. For online orders, the offer code must be entered during check out. Offer codes cannot be redeemed for cash or credit. Expirations apply to offer codes.

 

Processing Fees and Tipping

All online orders are subject to a $5.00 processing fee. Tipping is completely optional. We very much appreciate your kindness. 

 

Payments

You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order from an Account, you must provide valid payment information (e.g. credit card, debit card, and/or a Gift Card) through the Site or App. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) The Sweet Botanist to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, (3) The Sweet Botanist to share payment information and instructions required to complete the payment transactions between The Sweet Botanist, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. The Sweet Botanist reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a Product, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. The Sweet Botanist reserves the right to collect any outstanding payment due, and may transfer the collection of your outstanding balance to a third party collection agency.

 

Communication

By providing your phone number to The Sweet Botanist through the Site, App, or in connection with your order, receipt or use of our Products, you consent to receive text messages, including text messages sent to the telephone number that you have provided us, in order for us to: (i) notify you about your account; (ii) provide you updates on the status of your order and/or delivery; (iii) collect an outstanding payment or debt; (iv) contact you about exclusive offers and for any other marketing or promotional purposes; and (v) send you cart reminders. Upon ordering or subscribing to our Site or Services you are providing your prior express written consent to receive recurring marketing or promotional telephone calls and/or SMS text messages from us. This service is optional and is not a condition of purchase. Message frequency varies. You can opt out of receiving further Text Messages  at any time. To opt out of Text Messages from us, reply “STOP” at any time to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or contact customer care here. Message and data rates may apply. Please contact your mobile phone carrier for details. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. Text Message services are provided on an “as is” basis. Data obtained from you in connection with any Text Message services may include your mobile number, your mobile provider’s name and the date, time, and content of your Text Messages. We may use this information in accordance with our Privacy Policy to contact you. If you change or deactivate a phone number you have provided The Sweet Botanist, you have an affirmative obligation to update your account information and the phone number(s) associated with your account to prevent us from inadvertently communicating with the individuals who acquire any phone number(s) previously linked to your account. Any new or updated phone number you provide The Sweet Botanist may receive our standard marketing Text Messages unless you also unsubscribe through the procedures provided in this section. Following such opt-out, you may continue to receive messages for a short period of time we process your request. It is your responsibility to keep your account information, including your phone number, updated. 

 

Intellectual Property

The Site, the App, and all of the content and materials available on or through the Site and App, including without limitation, text, graphics, images, logos, icons, and software, and the selection and arrangement thereof, are the exclusive property of The Sweet Botanist or its licensors and are protected by U.S. and international copyright laws. You may not use, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any of the content or materials on the Site and App without the express prior written consent of The Sweet Botanist. Any unauthorized use of the Site, App, or any content or materials thereon, may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

 

Disclaimer of Warranties

THE SWEET BOTANIST MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE, THE SITE, THE APP, OR ANY PRODUCTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, MEDICAL OR NUTRITIONAL ADVICE FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

Limitation of Liability

IN NO EVENT SHALL THE SWEET BOTANIST BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SITE, THE APP, OR ANY PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Liability and Indemnification

The Sweet Botanist is not liable for any damages, including but not limited to physical injury, illness, or property damage, resulting from the use or consumption of our products. By ordering, you agree to indemnify, defend, and hold harmless The Sweet Botanist, its officers, directors, employees, and agents from any and all claims, liabilities, damages, and expenses (including reasonable attorneys' fees and expenses) arising out of or related to your use of their service or products. 

 

Modifications to Terms and Conditions

The Sweet Botanist reserves the right to modify these terms and conditions at any time without notice. Your continued use of any of our services or subscriptions after any such modifications will constitute your acceptance of the new terms and conditions. It is your responsibility to review these terms and conditions periodically for changes.

 

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of law principles. Any legal action or proceeding arising out of or relating to these terms and conditions or the The Sweet Botanists services, shall be brought exclusively in the state or federal courts located in the State of Pennsylvania.

 

Entire Agreement

These terms and conditions, together with the Privacy Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and The Sweet Botanist with respect to the Subscription Service. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.


Contact Information, If you have any questions or concerns about these Terms, please contact us at info@thesweetbotantist.com or text 717-600-4655 (Wednesday through Friday 3-6pm. *This is a text line only).

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