Welcome to The Sweet Botanist. 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.

 

Ordering Policies

Pre-Order Timing:

• Orders must be placed via our website or app by 10:00 PM EST on Friday for pick-up or delivery between the following Wednesday and Saturday.

• Rush orders: TEXT 717-600-4655 for availability (additional fees may apply for rush orders).

Pickup and Delivery Options:

• Free curbside pickup is available in Dallastown, PA.

• Delivery: Fee varies by distance. See our website for details.

 

Refund Policies

• Non-subscription orders:

  • Cancel within 24 hours of ordering: Receive a refund to the credit card used to purchase, minus 15% processing fee.

  • Cancel after 24 hours but at least 7 days before pick-up/delivery: Receive a full credit valid for 30 days.

• No refunds will be issued for conditions/ situations beyond The Sweet Botanist's control:

  • Orders canceled less than 7 days before pick-up/delivery.

  • Dislike of flavor (taste is subjective).

  • Damage resulting from shipping.

  • Orders reported as stolen upon delivery.

• Please note: All refund or gift credits expire in 60 days and can not be combined with other promotions or gift credits. One gift credit per order.

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Delivery / Shipping Policies

No Refunds and Risk Transfer: All Delivery and Shipping orders are final and non-refundable once your order is shipped, delivered, or picked up. Delivery dates are not guaranteed! This means that after this point, The Sweet Botanist will not issue refunds or credits for any reason, including:

• Damage or spoilage to the products during shipping or delivery. We use a third party shipping service and cannot guarantee the condition of the products upon arrival due to factors beyond our control during transit.

• Dissatisfaction with the product's quality, freshness, or taste.

• Foodborne illness or other health concerns arising from consumption of the products.

• Delivery Rescheduling: In case of weather or unforeseen circumstances impacting safe deliveries, we will attempt to deliver your order as soon as reasonably possible. We will inform you of any reschedule through the phone number provided at checkout.

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Assumption of Risk: Please understand that by placing an order, you are accepting full responsibility for the products once they are shipped, delivered, or picked up. This includes responsibility for:

• Ensuring the products are stored and consumed safely according to food safety guidelines.

• Accepting any risk of damage or spoilage during shipping or delivery, even if such damage could not have been reasonably anticipated by The Sweet Botanist.​​

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Pick Up Policies

1. Schedule Access: Please refer to our website at www.thesweetbotanist.com

2. *Availability is subject to change. If you attempt to pick up outside of the designated time/ date there without text confirmation there is no guarantee staff or your order will be available.

3. Pick-Up Rescheduling: In the event of inclement weather or other unforeseen circumstances beyond our control that prevent safe pick-ups on the scheduled date, we will attempt to reschedule your pick-up as soon as reasonably possible. We will contact you via text at the number provided at the time of ordering with the new pick-up window (date and time range).

4. Alternate Pick-Up Day: If pick-up cannot occur on the scheduled date due to unforeseen circumstances, your pick-up may be rescheduled to a different day within the same week. We will confirm this with you via text message. If you need alternate accommodations, please contact us directly for availability.

 

Acknowledgement and Agreement: By placing an order, you acknowledge and agree to the terms and conditions of The Sweet Botanist's policies. You understand and agree that The Sweet Botanist is not liable for any potential foodborne illnesses or damages arising from the consumption of our products after they have been shipped, delivered, or picked up.

 

Additional Information:

• For detailed food safety guidelines, please visit https://www.cdc.gov/foodsafety/

• This policy applies to all Delivery and Shipping orders placed through our website, app, text service and other authorized channels.​

• Limited Liability: Please note that The Sweet Botanist is not responsible for any damages to shipped food or the condition and safety of food after pick-up or delivery.

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Food Safety, Storage and Liability:​

1. Refrigeration and Storage: After reviewing your order, please promptly place all perishables in your refrigerator to maintain their freshness and quality. The risk of loss or damage to the products transfers to you at the time of delivery.

2. Safe Food Handling: We highly recommend reviewing the CDC's guidelines on safe food handling practices. The responsibility for any preparatory steps and proper storage of the contents lies solely with you. Food items should be consumed within 5 days or frozen. Freezing may negatively impact food quality.

3. Local Deliveries: If you anticipate being unavailable for a local delivery, we strongly recommend leaving a 12x24 cooler with an ice pack at your designated delivery location to ensure food safety and quality.

4. Limited Liability: The Sweet Botanist and its employees are 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:

1. Information Efforts: We strive to provide accurate and up-to-date information on all our products, including ingredients, allergens, and nutritional details. We regularly review and update this information to ensure its accuracy.

2. Disclaimer: While we take every precaution to ensure accuracy, minor errors or omissions in product information may occur. The Sweet Botanist is not responsible for any such errors or omissions.

3. 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.

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

5. Food photos for marketing purpose only. Actual appearance or packaging may vary. Think of it this way: a photo is a love letter to the dish, crafted with light, angles, and a touch of artistic license. It's meant to ignite your curiosity, set your mouth watering, not replicate reality pixel by pixel. So, while the juicy burger in the picture might not have every sesame seed perfectly aligned, its flavor, the symphony of textures, will definitely live up to the hype.

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Food Allergies and Dietary Restrictions:

1. Shared Kitchen Disclosure: The Sweet Botanist operates in a shared commercial kitchen facility. While we take precautions to prevent cross-contamination, we cannot guarantee that our products are completely free from all allergens or dietary restrictions. PLEASE NOTE: 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.

2. Customer Responsibility: It is your sole responsibility to inform us of any known food allergies, dietary restrictions, or sensitivities before placing your order. PRIOR TO ORDERING, please specify the allergen or restriction and its severity by contacting us directly.

3. Verification and Assumption of Risk: By placing an order, you acknowledge and accept the inherent risks associated with potential cross-contamination in a shared kitchen environment and release The Sweet Botanist from any liability for allergic reactions or adverse health effects arising from the consumption of our products.

 

Events

Join the fun at The Sweet Botanist's engaging events! From heartwarming fundraisers to dinners and hands-on classes, we offer unique plant-based experiences. Please note that tickets for these events are pre-paid and non-refundable. This allows us to secure resources and plan effectively to deliver incredible memories for our guests. 

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Personal Chef/ Catering Policies

• Minimum order: $300 for all contracted catering orders.

• Menu: Check out our party platters at www.thesweetbotanist.com or contact us directly for a full catering and bakery menu or a custom consultation.

• Deposits/ Confirmation: Your event date is held and your order is confirmed upon receipt of a 50% non-refundable deposit. If you need time to 

• Payment: For orders under $2,000 full payment is due 45 days before the event. For orders over $2,000 full payment is due 90 days of the event. We accept major credit cards, debit cards. We do not accept checks or money orders.

Catering Delivery and Service:

• Delivery fees: Apply based on distance and location. Higher order minimums may apply to distances over 15mi from Dallastown, PA and specific or custom service packages. Contact us for a quote.

• Additional services: Serving staff, rentals, and custom decorations are available for an additional fee. Contact us for a quote or schedule a free consultation. 

Cancellations and Changes:

• 7 days or more before: 50% deposit refunded.

• Less than 30 days: No refunds, but we may be able to reschedule your order for a future date.

• Menu changes: For orders under $2,000 any changes must be made 45 days before the event. For orders over $2,000 any changes must be made within 90 days of the event.

Additional Information:

• Dietary restrictions: We can accommodate most dietary restrictions with advance notice. It is your sole responsibility to inform us of any known food allergies, dietary restrictions, or sensitivities before placing your order.

• Minimum guests: Some menu items have minimum order quantities.

• A service fee up to 25% may be added to catering orders.

• Leftovers: You are welcome to keep any leftover food. However, We highly recommend reviewing the CDC's guidelines on safe food handling practices. The responsibility for any preparatory steps and proper storage of the contents lies solely with you. Limited Liability: The Sweet Botanist and its employees are 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.

• Alcohol: We do not provide alcohol, but we offer mocktails, cocktail mixes, bartending and sommelier services.

 

Gift Cards & Credits

The Sweet Botanist offers gift cards that can be redeemed on our Site. Please note that gift cards cannot be used for fundraisers or 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. Please Note: Gift credits are promotional and not the same as gift cards and expire in 30 days of receipt. Gift credits may not be used with other promotions.

 

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. We cannot redeem the or honor the promotion after check out. Expirations apply to offer codes.

 

Processing Fees and Tipping

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

 

Payments

For online pre orders and catering orders we accept major credit cards, PayPal & Apple Pay. 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.