TERMS AND CONDITIONS

Welcome to Fit Fresh Cuisine Terms of Use (these “Terms”).  By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by FIT FRESH LLC, meal plans and cleanses (the “Plan” or “Plans”), the Client agrees to the below terms and conditions. If you do not agree to these Terms, you may not access or use the Sites or order, receive meals and products made available through the Sites (collectively, the “Plans”).

Fit Fresh Cuisine reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will update the “Last Updated” date at the beginning of these Terms.

OUR COMPANY INFORMATION

We, FIT FRESH LLC are a company registered in the State of Wisconsin. We operate the website www.fitfreshcuisine.com

SERVICE AREA

Our Site is only intended for use by people residing in the United States of America (Serviced States and Counties). We do not accept orders from individuals outside the Serviced State of Wisconsin.

YOUR STATUS

By placing an order through our Site, you warrant that: You are legally capable of entering into binding contracts; and You are at least 18 years old; and You are resident of a Serviced State.

THE CONTRACT

After placing an order through our standard order form on our Site, you will receive an e-mail from us acknowledging that we have received your order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.

The Contract will relate only to those Plans that we have confirmed in the Confirmation.

Client agrees that all meal Plans begin on Monday. In order to renew and/or continue service of a Plan a new order has to be placed via the website.  Plan will not renew automatically.

Client agrees to pick up their meals at the designated pickup location and time, in this case Fit Fresh Cuisine Location on Mondays, Wednesdays & Fridays between 6:00 a.m. and 7:00 p.m.,  at Harbor Location on Mondays, Wednesdays & Fridays between 6:30 a.m. and 7:00 p.m. and at Princeton Locations on Mondays, Wednesdays & Fridays between 5:00 a.m. and 9:00 p.m. (the “Pickup Time”). It is the Client’s responsibility to pick up the purchased Plan and Fit Fresh Cuisine is not liable for meals not picked-up. Should Client be unable to pick-up any meal during the designated time, Client may request an extension of time for up to two (2) business days, which we shall reasonably attempt to accommodate dependent upon the availability of storage space (the “Extension Time”).  Meals and cleanses not claimed within the Pickup Time or the Extension Time (if requested by Client) will be discarded with no refund or credit due at Fit Fresh’s absolute and sole discretion.

Client shall be permitted to suspend a Plan for a period not to exceed thirty (30) days by filling out a suspension request form (the “Suspension Form”) or by sending written notification to info@fitfreshcuisine.com.  Any Suspension Form or written request must be received at least three (3) days prior to the requested suspension date in order to effective.  Any suspension of a Plan must be for an entire week in duration rather than for a partial week (i.e. a Client will not be permitted to suspend a Plan on Monday and Tuesday only and then received meals and/or cleanses on Wednesday, Thursday, and Friday).

While Fit Fresh agrees to allow Client to make the protein restriction selection hereinabove, Fit Fresh will otherwise have sole and absolute discretion in selecting and designing the meals to be included in any Plan.  Fit Fresh reserves the right to decline service if one’s dietary preferences and/or allergies cannot be accommodated.

RISK AND TITLE

The Products will be at your risk from the time of pick-up.  Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products. To maintain the integrity of products after pick-up, we recommend that you immediately refrigerate perishable items.

PRICE AND PAYMENT

The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error.

Product prices exclude applicable taxes. Taxes will be calculated in the cart at checkout.
Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

PAYMENT AND BILLING INFORMATION

Payment for all Products and Services must be by credit or debit card. We accept payment with American Express, Discover, Visa and Mastercard. We reserve the right to change the payment methods we accept at any time.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.

NO RESALE

You are not permitted to resell or otherwise use the Products for commercial purposes.

REFUND POLICY

Client understands that, upon receiving the Confirmation of the plan via e-mail, no refunds and returns will be allowed.

WARRANTY

We warrant to you that any Product purchased from us through our Site will, on pick-up, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

OUR LIABILITY

If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Products.
Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.

SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

OUR RIGHT TO REVISION OF TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

LAW AND JURISDICTION

Contracts for the purchase of Plans through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Wisconsin law, without respect to its conflict of laws provisions. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of Wisconsin.

Last Updated: December 12, 2015

 

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