Terms of the service
Updated: February 28, 2017
1.1 SendMeMeals offers an online subscription service for fresh meals which are healthy and suitable for a well-balanced diet. By default, meals will be ordered and delivered or picked up on a weekly basis (unless the order has been skipped or cancelled by Customer before order is billed).
1.2 CUSTOMERS MUST ENSURE TO STORE MEALS APPROPRIATELY. MEALS MUST BE IMMEDIATELY STORED IN A REFRIGERATOR AT 40° FAHRENHEIT OR BELOW!
2.1 Variety of Meals. Meals can be chosen from the range of meals offered on the Website. Any pictures used on the Website are indicative only, the actual appearance of meals may differ.
2.2 Information about Allergens. Meals may contain allergens. For information about specific allergens, please see the product detail pages, which can be viewed by clicking on the respective meals on the website.
To place orders, Customers are required to register on the Website. Customers can register during the order process. Acceptance of any registration is subject to SendMeMeals's sole discretion. In case of an accepted registration, a Customer profile will be created. SendMeMeals reserves the right to terminate Customer’s account in its sole discretion.
4.1 Subject of the Contract. Customers and SendMeMeals enter into a contract for subscription meal plans. Once a contract for a subscription meal plan is concluded it will renew according to a pre-determined term as displayed on the Website and the order confirmation. Customer can cancel subscriptions according to the termination and cancellation sections below.
4.2 Order Process. First, Customer chooses their delivery option from the list available on the Website. Subsequently, Customer enters a postal address and creates a profile by entering Customer’s e-mail address and choosing a password; alternatively, Customers can also place orders if logged in with an already established account. During the order process, Customers can choose from the available payment options and enter their respective data. An order which constitutes an offer will be placed when Customers click on the button: “Order” at the end of the order process. After having placed an order (offer), Customers will receive an e-mail from SendMeMeals accepting Customer’s offer which constitutes an acceptance (subject: “Order Confirmation”). The contract between Customer and SendMeMeals is concluded at the point in time when SendMeMeals' confirmation e-mail has been sent. Customer will receive a last opportunity to update order e-mail a day before the order is finalized. Customer will also receive a confirmation via e-mail when subscription plan meals are charged.
4.3 Modifications or Cancellation of a SubscriptionCustomers can modify their subscription, pause it for one or more weeks, or cancel ordered subscriptions weekly via Customer’s account. For details regarding termination and cancellation, please see the sections below. This does not affect the STATUTORY CANCELLATION RIGHT FOR CONSUMERS (see below).
4.4 Storage of Contract's Content SendMeMeals stores data regarding subscriptions content. The details about each Customer’s order can be found via the Customer's account.
4.5 Contractual Language.The contractual language is English.
5.1 Modifying Subscription. Customer can modify their subscriptions, pause it for one or more weeks, or cancel subscriptions weekly until the week’s deadline (“Deadline”) via Customer’s account. The Deadline will be announced each week via email and will be no earlier than Thursday at midnight.
5.2 Cancelling a Subscription. Cancelling a subscription is easy and can be done via Customer’s account before the Deadline. Any cancellations occuring after the Deadline will become effective the following week after the active order's pickup/delivery date. Cancelling does not affect Customers legal right to cancel as a consumer.
5.4 Skipping an Order A subscription plan can be skipped each week via Customer’s account before the Deadline.
SendMeMeals reserves the right to pause subscriptions due to unavailability of ingredients, unavailability of suppliers or service providers SendMeMeals' service depends on, or other unforeseen circumstances outside of SendMeMeals' control. Due to the use of fresh ingredients for SendMeMeals' meals and fluctuations in availability of said ingredients, SendMeMeals might not be able to deliver each meal of a subscription. In any case of non-performance of a subscription, SendMeMeals will contact Customer by phone or e-mail and propose to a refund or alternative delivery, which will be executed subject to the Customer's agreement.
7.1 Displayed Prices & Taxes. Prices will be displayed on the Website and during at the end of the order process. All prices are displayed in U.S. dollars and include any applicable taxes.
7.2 Payment Options. SendMeMeals will process Customer’s payment on the Website. Customers can choose from the online payment options offered at the end of the order process. Customer’s credit card or in case of a offered payment via debit card, Customer’s bank account, will be initially charged on first order's billing date after SendMeMeals' acceptance of Customer’s order.
7.3 Authorization to Charge Customer's Credit Card. For payments via credit card or debit card, Customer authorizes SendMeMeals to charge Customer’s credit card or bank account for all initial fees and recurring fees payable after contract conclusion. Further, SendMeMeals is authorized to use a third party for processing payments.
7.4 Recurring Charges. SendMeMeals must receive payment in advance each time before Customer’s order can be processed and the meals can be dispatched. During a subscription plan, Customer will be charged weekly via the designated payment method.
7.5 Electronic Invoices. Customers agree to receive electronic invoicing by e-mail for orders by SendMeMeals. During a subscription plan, invoices will be sent to Customer in time with every order.
Customer's that choose the delivery method for their order will be charged a flat delivery fee between $2.99 to $8.00 per order depending on the address location. By default, ordered meals will be delivered between the hours of 6:00a and 6:00p on the delivery date setup. Customers can change from delivery to pickup by contacting Support via email at email@example.com.
A voucher code can only be used once per Customer and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without SendMeMeals' prior approval. SendMeMeals reserves the right to withdraw or deactivate any free voucher for any reason at any time. Vouchers may only be redeemed through the Website and not through any third party website or method of communication. To use a voucher Customers will be required to enter the vouchers unique code at the online order process or in the Customer's account.
If Customers are not satisfied with the meals provided for a legitimate reason – such as: orders or parts thereof not delivered, meals missing ingredients, meals package damaged – SendMeMeals will offer an appropriate refund as long as it can be shown that the meals were not provided as to be reasonably expected.
The Website and its content, trademarks, artwork, images, video and audio data, text, logos and all its computer code is intellectual property of SendMeMeals or one of SendMeMeals' service providers and may be protected by copyright, trademark, and patent law. Customers may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any non-authorized way.
12.1 Customers using SendMeMeals' service must
12.2 CUSTOMERS MUST ENSURE TO STORE MEALS APPROPRIATELY. MEALS MUST BE IMMEDIATELY STORED IN A REFRIGERATOR AT 40° FAHRENHEIT OR BELOW!
SENDMEMEALS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SENDMEMEALS IS TO DISCONTINUE YOUR USE OF THE SITE. SENDMEMEALS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SENDMEMEALS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SENDMEMEALS' AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15.1 Govering Law and Jurisdiction. These terms are governed by the laws of the State of Alabama. Any contract for a subscription from this Website and any dispute or claim arising out of or in connection with any such contract will be governed by laws of the State of Alabama. Customer and SendMeMeals both agree that the courts of Alabama will have non-exclusive jurisdiction.
15.2 Electronic Communication. Customers acknowledge that the provided service and related communication will be mainly electronic. Customers agree to this electronic means of communication and acknowledge that all contracts, notices, information, invoicing and other communications that SendMeMeals provides in the course of the service will be in the electronic form.
15.3 Severability. Each of the sections of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
15.4 Changes SendMeMeals may update, vary and amend these terms and conditions from time to time without prior notice. Each time Customer orders or changes a subscription, the terms and conditions in force at that time will apply (as set out on this Website). Please check the Website to understand which terms and conditions apply.
If you have any questions or comments, please contact SendMeMeals customer support.