Terms Of Service
Welcome to the gourmetappetit.com, LLC service (the “Service”). The following Terms of Use apply when you view or use the Service via our website located at www.gourmetappetit.com. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.
PRIVACY POLICY The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: www.gourmetappetit.com/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
ABOUT THE SERVICE The Service allows you to purchase an annual membership or request promotional information about our services. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE You need to be at least 18 years old and a resident of the United States to register for and use the Service. If you are a user who signs up for the Service, will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users. Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.] The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at info@gourmetappetit.
GourmetAppétit.com Loyalty Program
Thank you for participating in the GourmetAppétit.com Loyalty Program. By signing up for an online account, users will automatically be enrolled in GourmetAppétit.com's Loyalty Program. By enrolling in and participating in this program, you agree to the following Terms & Conditions.
1. Program Eligibility
The Loyalty Program is available to customers with an active online account.
Participation is free, and no enrollment fee is required.
The Loyalty Program is void where prohibited by law.
2. Earning Loyalty Points
Customers earn:
1 Loyalty Point for every whole $1.00 spent on qualifying purchases.
Loyalty points are calculated based on the final purchase amount after:
Promotional discounts
Coupon codes
Account credits
Refunds
Returned merchandise
Taxes, shipping charges, gift cards, and other non-product charges do not earn Loyalty points unless otherwise specified.
Loyalty points are generally added to the customer's account after the order has been processed and shipped and applies to purchases made post-registration only.
3. Redeeming Loyalty Points
250 COINS = $10 off next online purchase
500 COINS = $25 off next online purchase
1000 COINS = $35 off next online purchase
Loyalty points have no cash value and cannot be redeemed for cash, store credit, or gift cards.
Loyalty products are available while supplies last.
Loyalty points are not redeemable on orders using a discount code. Discount codes may not be combined in the same order. Customers cannot redeem Loyalty points for more than the total amount of your purchase.
5. Point Expiration
As of this point in time, Loyalty points do not expire.
6. Returns and Adjustments
If an order is cancelled, refunded, or returned, the Loyalty points earned from that purchase will be deducted from the customer's account.
If Loyalty points from a refunded purchase have already been redeemed, GourmetAppétit.com, LLC reserves the right to deduct the equivalent value from future Loyalty balances or deny future Loyalty redemptions until the balance is corrected.
7. Account Responsibility
Customers are responsible for maintaining accurate account information.
Loyalty points are non-transferable and may only be redeemed by the account that earned them.
Accounts may not be combined unless approved by GourmetAppétit.com, LLC.
8. Program Abuse
GourmetAppétit.com, LLC reserves the right to suspend or terminate any Loyalty account if fraudulent activity, abuse, misuse, or attempts to manipulate the Loyalty Program are suspected.
Examples include, but are not limited to:
Creating multiple accounts to earn additional Loyalty points
Fraudulent purchases
Unauthorized transfers of Loyalty points
Misrepresentation of account ownership
10. Program Changes
GourmetAppétit.com, LLC reserves the right to:
Modify earning rates
Change available Loyalty products
Change redemption requirements
Modify or discontinue the Loyalty Program
Update these Terms & Conditions
Changes become effective upon posting on our website unless otherwise stated.
11. No Cash Value
Loyalty points:
Are not legal tender.
Have no monetary value.
Cannot be sold, transferred, exchanged, or redeemed for cash.
12. Limitation of Liability
To the fullest extent permitted by law, GourmetAppétit.com, LLC shall not be liable for technical errors, system outages, delayed Loyalty postings, or unavailable Loyalty products.
Participation in the Loyalty Program constitutes acceptance of these Terms & Conditions.
13. Termination of Membership
Customers may discontinue participation at any time by requesting account closure.
Upon account closure, all unused Loyalty points will be forfeited.
14. Contact Information
Have questions? Please contact us at [email protected]
GourmetAppétit.com Gift Box Subscription Program
These Subscription Terms & Conditions ("Terms") govern the purchase and participation in the GourmetAppétit.com Gift Box Subscription Program. By purchasing a subscription, you agree to these Terms.
1. Subscription Options
GourmetAppétit.com offers prepaid gift box subscriptions in the following terms:
3-Month Subscription
6-Month Subscription
12-Month Subscription
7-Month Special Occasions Subscription
Each subscription includes one gift box delivered according to the selected subscription schedule.
Shipping is included in the subscription purchase price.
2. Payment
All subscription plans are prepaid in full at the time of purchase.
Subscription payments are not billed monthly.
Prices are subject to change for future subscription purchases but will not affect an active prepaid subscription.
3. No Automatic Renewal
Subscriptions do not automatically renew.
Once your subscription term has ended, your subscription will expire automatically.
If you wish to continue receiving gift boxes, a new subscription must be purchased.
4. Shipping Schedule
Gift boxes are shipped according to the subscription schedule selected at the time of purchase.
Delivery dates are estimates and may vary due to holidays, weather conditions, carrier delays, or other circumstances outside of our control.
We reserve the right to adjust shipment dates when necessary.
5. Shipping and Delivery
Please ensure that your gift recipient is available to receive gift delivery. We are not responsible for delivered gifts that are left unclaimed because the recipient is out of town, relocated, or otherwise unavailable. To ensure the gift recipient is notified of the delivery, please include the recipient's email address at the time of ordering.
Customers are responsible for providing accurate shipping information.
Address changes should be submitted before the next scheduled shipment.
GourmetAppétit.com, LLC is not responsible for shipments delivered to an incorrect address provided by the customer.
Additional shipping charges may apply if a package must be reshipped due to an incorrect or incomplete address. Any report of an order showing "delivered" that was not received must be made within 24 hours of the stated arrival date.
6. Gift Box Contents
Each subscription box includes a curated assortment of gourmet snacks, candies, nuts, chocolates, or other specialty food products.
Product selections may vary from shipment to shipment.
Images displayed on our website are representative only and may not reflect the exact contents of every shipment.
We reserve the right to substitute products of equal or greater value when necessary due to inventory availability, seasonal offerings, or supplier changes.
7. Food Allergies
Our gift boxes may contain products with or processed in facilities that handle:
Peanuts
Tree nuts
Milk
Soy
Wheat
Eggs
Other common allergens
Customers are responsible for reviewing ingredient information before consuming products.
GourmetAppétit.com, LLC is not responsible for allergic reactions.
8. Perishable Products
Our subscription boxes contain food products that may be sensitive to heat, cold, humidity, or extended transit times.
Customers should retrieve packages promptly after delivery.
GourmetAppétit.com, LLC is not responsible for product quality affected by delayed package retrieval after confirmed delivery.
9. No Refund Policy
Due to the perishable nature of the food products included in our gift boxes, all subscription purchases are final.
We do not offer:
Refunds
Partial refunds
Returns
Exchanges
This policy applies once a subscription order has been placed.
10. Order Cancellation
Subscription orders may not be canceled once payment has been processed.
If a shipment has not yet been prepared and cancellation is requested immediately after purchase, any accommodation is solely at the discretion of GourmetAppétit.com, LLC.
11. Damaged or Incorrect Orders
If your subscription arrives damaged or you receive the wrong shipment, please contact us within 24 hours of delivery. (Email: [email protected])
Photos of the shipping box and products may be requested to assist with replacement or resolution.
Replacement decisions are made at the sole discretion of GourmetAppétit.com, LLC.
12. Lost Packages
Once a shipment has been transferred to the shipping carrier, delivery is subject to the carrier's handling.
If a package is lost in transit, please contact us so we can work with the carrier to determine an appropriate resolution.
13. Failed Delivery Attempts
If a shipment is returned due to:
Incorrect address
Refused delivery
Failure to retrieve the package
Failure to provide required delivery information
The customer may be responsible for any additional shipping charges necessary to resend the shipment.
14. Subscription Transfers
Subscriptions may be gifted or transferred to another recipient by updating the shipping information before the next scheduled shipment. Please contact us at [email protected] for assistance.
Transfers do not extend the subscription term.
15. Force Majeure
GourmetAppétit.com, LLC shall not be liable for delays or failure to perform due to events beyond our reasonable control, including but not limited to severe weather, natural disasters, supplier shortages, labor disputes, carrier disruptions, government actions, or other unforeseen circumstances.
16. Modification of Subscription Program
GourmetAppétit.com, LLC reserves the right to modify:
Subscription pricing
Gift box contents
Available subscription plans
Shipping schedules
These Terms & Conditions
Any changes will apply to future purchases unless otherwise required by law.
17. Limitation of Liability
To the fullest extent permitted by law, GourmetAppétit.com, LLC's liability shall not exceed the amount paid for the applicable subscription.
We are not responsible for indirect, incidental, or consequential damages arising from participation in the subscription program.
18. Contact Information
Have questions? Please contact us at [email protected] for assistance.
LINKS TO OTHER SITES AND/OR MATERIALS As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected] or mail to the following postal address: gourmetappetit.com, LLC 12101 N MacArthur Blvd, Oklahoma City, OK 73162. Opting out may prevent you from receiving messages regarding the Company or special offers.
WARRANTY DISCLAIMER THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.
GENERAL TERMS If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Arkansas, without regard to conflict of law provisions.
The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT www.gourmetappetit.com/privacy-policy. REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
