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Terms of service

Savory Spice Terms of Use

Last Updated: 1/26/2022

 

1. Acceptance of Terms

Welcome to Savory Spice (“us,” “we,” or “our”). Unless otherwise specified, the following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms") terms of use detailed in this section apply generally when using this Site. www.savoryspiceshop.com, including any content, functionality and services offered on or through www.savoryspiceshop.com (the “Site”), whether as a guest or a registered user or any other time you interact with us in any of our customer channels.

Please read the Terms of Use carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.savoryspiceshop.com/policies/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

2. Eligibility

By using this Site, you represent and warrant that you are 18 years of age and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

3. Your Account

Account Registration & Termination

To access and use certain areas or features of the Site, you may need to register or create a User account, providing all required data or information in a complete and truthful manner. You may also use the Site without registering or creating a User account; however, this may cause limited availability of certain features or functions.

If you create an account, you are responsible for keeping your login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the highest standards of strength permitted by this Site. You agree to accept responsibility for all activities that occur under your account or password.

You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any and all current or future use of the Site.

You are required to immediately and unambiguously inform Savory Spice via the contact details indicated in this document, if you think your personal information, including but not limited to accounts, access credentials, or personal data, has been violated, unduly disclosed, or stolen.

You can terminate their account and stop using the Service at any time by contacting savory@savoryspiceshop.com.

By providing information and/or answering questions, you also consent to receive electronic communications from Savory Spice (e.g., via email or by posting notices to the Site). These communications may include notices and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

You should keep copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe

4. Account Suspension and Deletion

We reserve the right, at our sole discretion, to suspend or delete at any time and without notice, your accounts if it is deemed inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of your accounts shall not entitle you to any claims for compensation, damages, or reimbursement. The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.

5. Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Site is owned or supplied Savory Spice or its licensors.

Savory Spice undertakes its utmost effort to ensure that the content provided on this Site infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of you to enforce their rights, Users are asked to report related complaints to savory@savoryspiceshop.com.

6. License to Access and use the Site and Content

Unless otherwise indicated in writing by us, Savory Spice holds and reserves all United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights intellectual property rights for any applicable content on this Site, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof).

Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms. However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;(g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.

Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Savory Spice or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

7. Trademarks

The Savory Spice logo and any and all related names, logos, product and service names, designs, and slogans or other indicia (“Marks”) that may appear on the Site are the property of Savory Spice, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Savory Spice or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.

8. User Content

Savory Spice allows you to upload, share or provide your own content to this Site. You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not allow anyone else to, directly or indirectly:

  • Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically, or otherwise objectionable.
  • Transmit any User Content: (I) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
  • Forge headers or otherwise manipulate identifiers to disguise any User Content Transmitted through the Site.

 

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense

9. Rights in User Content

Savory Spice does not claim any ownership interest in User Content.

However, you acknowledge and accept that by providing submitting User Content on this Site or to our pages or feeds on third party social media platforms (e.g. Facebook page, Instagram, Pinterest, YouTube, or LinkedIn page) you grant Savory Spice a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or impart, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic another commercial and noncommercial purposes, however, Savory Spice will only share personal information that you provide in accordance with our Privacy Policy.

To the extent permitted by applicable law, you waive any moral rights in connection with content they provide to this Site. You acknowledge, accept and confirm that all content they provide through this Site is provided subject to the same general conditions set forth for content on this Site.

10. Linked Sites

Through this Site, you may have access to external resources provided by third parties. You Users acknowledge and accept that Savory Spice has no control over such resources and is therefore not responsible for their content and availability.

Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Savory Spice. Your choice to access a link to any other website is at your own risk, and you agree to follow all terms and conditions relating to such websites. Savory Spice reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor ran by Savory Spice. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services.

11. Acceptable Use

This Site and the Services may only be used within the scope of what they are provided for, under these Terms and applicable law.

You are solely responsible for making sure that your use of this Site and/or the Services violates no applicable law, regulations, or third-party rights.

Therefore, Savory Spice reserves the right to take any appropriate measure to protect its legitimate interests including by denying you access to this Site or the Services, terminating contracts, reporting any misconduct performed through this Site or the Services to the competent authorities – such as judicial or administrative authorities - whenever you engage or are suspected to engage in any of the following activities:

  • Violate laws, regulations, and/or these Terms.
  • Infringe any third-party rights.
  • Considerably impair Savory Spice’s legitimate interests.

12. Savory Spice Loyalty Program
  • Offend Savory Spice or any third party.

    This Site gives you the opportunity to receive advantages if you join the Savory Spice Loyalty Program. By opening or using a Loyalty Program membership account (“Account”) on this Site or in a Savory Spice store location, you agree that:

  • you have read and accepted these Program Rules and Savory Spice’s Terms & Conditions
  • you consent to the collection, use, and disclosure of your personal data by Savory Spice the Loyalty Program, and their authorized third-party agents and licensees in accordance with Savory Spice’s Privacy Policy.

All Loyalty Program benefits, offers, awards, and services are subject to availability and may be changed at any time without notice. Savory Spice may terminate the Loyalty Program, in whole or in part, at its discretion, or Savory Spice may choose to substitute a different loyalty program at any time. If the Loyalty Program is terminated, all unredeemed points and/or awards will be forfeited without any obligation or liability.

These Program Rules supersede all previous terms and conditions applicable to the Loyalty Program. Except as otherwise expressly prohibited or limited by applicable laws, Savory Spice may, at any time, amend, modify, or supplement these Program Rules, the structure for earning points or awards, or the ability to obtain certain awards. Loyalty Program members are responsible for remaining knowledgeable of the Program Rules and any Program Rule changes. Your continued participation in the Loyalty Program constitutes acceptance of any such Program Rule changes.

13. Terms and Conditions of Sale

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

You are informed during the purchasing process and before order submission, about any fees, taxes, and costs (including, if any, shipping costs) that they will be charged.

Prices on this Website are displayed exclusive of any applicable fees, taxes, and costs. Applicable fees, taxes, and costs (including shipping costs) will be displayed in the cart prior to completion of the order.

Until payment of the total purchase price is received by Savory Spice, any products ordered shall not become the your property.

Prices and Payment Terms

Prices posted on this Site may be different than prices offered by us at our physical locations.

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices on this Website are displayed exclusive of any applicable fees, taxes, and costs. Applicable fees, taxes, and costs (including shipping costs) will be displayed in the cart prior to completion of the order. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.

Information related to accepted payment methods are made available during the purchasing process.  Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Site.

All payments are independently processed through third-party services. Therefore, Savory Spice does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, Savory Spice shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

Product Description

Prices, descriptions, and availability of products are outlined in the respective sections of this Site and are subject to change without notice.

While products on this Site are presented with the greatest accuracy technically possible, representation on this Site through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased product.  The characteristics of the chosen product will be outlined during the purchasing process.

Promotions

Offers and Discounts

We may offer from time to time promotions on the Site that may affect pricing. Offers and discounts are always granted at Savory Spice’s sole discretion and any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Site.

Repeated or recurring offers or discounts create no claim/title or right that you may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stock lasts. If an offer or discount is limited by time, the time indications refer to Mountain time zone, as indicated in Savory Spice’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.  If breach of the conditions applicable to Coupons occurs, Savory Spice can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

      • Each Coupon is only valid when used in the manner and within the timeframe specified on the Site and/or the Coupon;
      • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
      • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
      • Coupons cannot be applied cumulatively;
      • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for you to claim the relevant rights, including cash-out;
      • you is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
      • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting, and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Deliveries are made to the address indicated by you and in the manner specified in the order summary.  Upon delivery, you must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. You may refuse to accept the parcel if visibly damaged.

Goods are delivered to the countries or territories specified in the relevant section of this Site. Delivery times are specified on this Site or during the purchasing process.

Savory Spice cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by you, nor for any damages or delays after handover to the carrier if the latter is arranged by you.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to Savory Spice, who will contact you to schedule a second delivery attempt or to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at you’s expense.

Delivery of Digital Content

Unless otherwise stated, digital content purchased on this Site is delivered via email or download on the device(s) chosen by you.

You acknowledge and accept that in order to receive an email or download and/or use the product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

You acknowledge and accept that the ability to download the purchased product may be limited in time and space. 

Returns and Refunds

Due to health and safety concerns, we do not accept any returns on non-defective or damaged food items once the outside shipping box has been opened. Defective or damaged food items (ex. spices, extracts, etc.) may be exchanged within 30 days of the original purchase.

Except for any products designated on the Site as a food item, final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of purchase with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call 1-888-677-3322 option 0 or email our Returns Department at orders@savoryspiceshop.com before shipping your product.

You are responsible for all shipping and handling charges on returned or exchanged items, unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. 

Refunds are processed within approximately 3 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

Gift Cards

Savory Spice may offer the sale of gift cards in the form of physical gift cards or digital gift cards (“Gift Cards”). Gift Cards may only be redeemed towards the purchase of eligible goods and services online at savoryspiceshop.com or in participating Savory Spice locations.

Savory Spice gift cards do not expire. Savory Spice reserves the right to require additional verification of your identity before you may purchase or use a Gift Card. When you purchase, receive, or apply a Gift Card balance to your order, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Savory Spice related to your use of a Gift Card. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of the remaining terms and conditions.

Limitations

Your Gift Card cannot be used to purchase other gift cards or certain ineligible items. Gift Cards cannot be reloaded, resold, used for payment outside of Savory Spice’s Site or its participating store locations, redeemed for more than face value, transferred for value, redeemed for cash, returned for cash (except to the extent required by law), or otherwise used in a manner prohibited by Savory Spice’s Terms & Conditions.

Risk of Loss

Treat your Gift Card like cash. The risk of loss and title for Gift Card pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, delivery to the carrier, or delivery to the customer in a store, whichever is applicable. Gift Cards must be obtained from Savory Spice (Savory Spice Gift Cards are not sold by third parties), and you are responsible for safeguarding your Gift Card and its balance from unauthorized use. Savory Spice is not responsible if any Gift Card is lost, stolen, destroyed, or if your Gift Card is used without your permission. Savory Spice assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card.

Use of Gift Cards

By using a Gift Card, you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Savory Spice, its affiliates or customers. We reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our Services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained or used fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

Limitation of Liability

TO THE FULL EXTENT PERMISSIBLE BY LAW, SAVORY SPICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR GIFT CARD BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

Subscriptions

Savory Spice may offer subscription services. Savory Spice reserves the right to change subscription pricing, benefits, discounts, and eligibility at any time and in its sole discretion. All changes will apply to future orders, including for current subscriptions.

Some offer details for your subscriptions may change over time (for example, price, taxes, availability, and shipping charges). If the item is unavailable when we plan to ship it, you authorize us to update your subscription or fulfill your order with a similar item that we believe will meet your expectations.

We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.

If you subscribe to an item (or multiple items), your subscription will automatically create a new order according to your chosen delivery schedule, until you cancel.

Eligible Items

Subscriptions are available on limited items. To see a full list of eligible items, visit this https://www.savoryspiceshop.com/collections/subscriptions. Subscriptions are only available for customers with ship to addresses in the United States.

Subscription discounts and promotions apply only to eligible items displaying the offer message, and then only if you select the Subscription delivery option. Subscriptions are good while supplies last. Special limited time subscription promotions only apply during their effective dates.

Void where prohibited.

Payment & Renewal

The total price charged to your payment method for each Subscription order will be the price of the item on the day that the order is processed less the Subscription discount, plus any applicable sales tax and delivery charges.

The charge for each Subscription item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Subscription order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge the payment method for your Subscription order.

Your Subscription will remain in effect until it is cancelled. You can cancel at any time via the Subscription section within your account. If you cancel your subscription and then reactivate it, the discount applied to any Subscription item may not be the same discount in effect at the time of cancellation. If the Subscription discount percentage changes, the new discount will be applied to your future shipments of that item.

Authorization for future payments

If you authorize a Service which allows future purchases (for example, Subscriptions or Shop Pay), this Site will store an identification code linked to yous’ applicable account. This will authorize this Site to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting Savory Spice or by changing your settings offered by the applicable Service.

14. Mobile Message Service

The Savory Spice mobile message service (the "Service") is operated by Savory Spice (“Savory Spice”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Savory Spice's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Savory Spice through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Savory Spice. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (844) 334-0318. Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Savory Spice mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (844) 334-0318 or email savory@savoryspiceshop.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

15. Indemnification

You shall indemnify, hold harmless, and, at Savory Spice’s option, defend Savory Spice from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Savory Spice resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site, any User Content that you Transmit to or through the Site, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or any of its features. You further agree that Savory Spice shall have control of the defense or settlement of any third-party claims, unless Savory Spice exercises its option to require you to defend Savory Spice. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Savory Spice

16. Disclaimers

THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SAVORY SPICE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A)THE SITE; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, SAVORY SPICE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT,  TITLE,  CUSTOM,  TRADE,  QUIET  ENJOYMENT,  SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. SAVORY SPICE DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY

HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. SAVORY SPICE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SAVORY SPICE DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SAVORY SPICE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

17. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAVORY SPICE  BE  LIABLE  FOR  ANY  INDIRECT,  SPECIAL,  INCIDENTAL,  OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SAVORY SPICE, OR FROM EVENTS BEYOND SAVORY SPICE’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SAVORY SPICE RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SAVORY SPICE ARISING OUT OF OR IN ANYWAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO SAVORY SPICE FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SAVOR SPICE’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY

18. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SAVORY SPICE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AND SAVORY SPICE AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury);arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Savory Spice agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Savory Spice further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Savory Spice are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND SAVORY SPICE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Savory Spice agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

19. Modifications to the Site

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.

20. Special Admonitions for International Use

This Site is hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer

21. Service Interruption & Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

To ensure the best possible service level, Savory Spice reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing yous appropriately.

Within the limits of law, Savory Spice may also decide to suspend or terminate the Service altogether. If the Service is terminated, Savory Spice will cooperate with you to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside Savory Spice’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc.).

22. Governing Law and Jurisdiction

Savory Spice operates the Site from Colorado. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of Colorado, including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Colorado shall not apply. Except as otherwise provided in Section 18, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state and federal courts in Denver, Colorado, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law. 

23. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Savory Spice at the following contact: [Notice Email Address]. Any notices to you may be made via either e-mail or postal mail to the address in Savory Spice’s records or via posting on the Site. Please report any violations of these Terms to Savory Spice at the contact listed above.

24. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

25. Contact

If you have any questions about these Terms & Conditions, please contact us:

Email: savory@savoryspiceshop.com

Mail:

Savory Spice
1805 E 58th St.
Unit C
Denver, CO 80216

Phone: (303)297-1833