PLEASE READ THESE SPECIAL TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER FOR PRODUCT FROM OUR SITE. THESE SPECIAL TERMS AND CONDITIONS CONTAIN THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.   

Effective Date: November 29, 2024

These Special Terms and Conditions ("Agreement") apply exclusively to one (1) customer purchasing half a pallet of Juicy Marbles products under a one-time offer (the "Product"). By placing an order, the customer ("You") agrees to these terms, which form a binding agreement between You and Formidable Foods Inc. (the "Company").

Eligibility

The General Terms and Conditions published on www.juicymarbles.com are incorporated herein and apply in addition to these Special Terms and Conditions. In the event of any conflict between the General Terms and Conditions and these Special Terms and Conditions, the provisions of these Special Terms and Conditions shall prevail.

Right to Refuse or Cancel Sale

The Company reserves the right to refuse or cancel a sale, modify terms, or delay order fulfillment if unforeseen circumstances arise. These may include but are not limited to, shipping and transportation disruptions, processing errors, technical issues, natural disasters, or other events beyond our reasonable control. In such cases, the Company will notify You promptly and work to provide a resolution, which may include offering alternative arrangements or a full refund.

Payment Disputes

By placing an order under these Special Terms and Conditions, You agree to waive the right to initiate payment disputes, including but not limited to chargebacks, through Your payment provider. Any concerns or issues regarding Your order must be resolved directly with the Company in accordance with the dispute resolution procedures outlined in our General Terms and Conditions as published on our website (www.juicymarbles.com)

Taxes

The price of the Product does not include applicable taxes. You are responsible for any sales, use, or other taxes that may apply to Your purchase, which will be calculated and added at checkout or billed as required by applicable law.

Return Policy and Food Safety

Due to the perishable nature of the Product and strict temperature control requirements, the Company does not accept returns. Food safety regulations prohibit the return of products that have left our distribution chain to ensure the safety and quality of all items sold. The sale is final. Once an order has been placed and payment has been processed, it constitutes a binding contract, and the Company does not provide refunds under any circumstances.

Shipping and Delivery

The Company is not responsible for shipping or the delivery of the Product once it has been handed over to the delivery service. It is Your responsibility to coordinate directly with the delivery service to ensure proper delivery, including arranging a time and date when You are available to receive the order. Any claims regarding delays, damages, or other issues during transit must be addressed directly with the delivery service provider in accordance with their policies and procedures. Failure to do so may result in additional fees or the inability to receive Your order, for which the Company assumes no liability.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy), arising out of or in any way related to the use of or inability to use the Product, third-party software, and/or third-party hardware used with the Product, or otherwise in connection with any provision of these terms, even if the Company or any supplier has been advised of the possibility of such damages, even if the remedy fails of its essential purpose.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

State Law Considerations

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Contact

If You have any questions about these Terms and Conditions, You can contact us at support.us@juicymarbles.com.