Terms & Policies

 

Terms & Conditions

Last updated: April 1, 2019

GENERAL

Welcome to the website ("Site") of HEY KETO, Inc. (“we”, “us”, “our” or “HEY FRIDA”). Please review the following terms that govern your use of and purchase of products from our Site. Note that your use of our Site and purchase of HEY FRIDA products constitute your agreement to follow and be bound by these terms (the "Agreement"). If you do not agree to these Terms, you may not access or use the Site or order, receive, or use the products, or content made available through the Site (collectively, the “Products”).

We reserve the right to change or modify these terms at any time and within our sole discretion. Such modifications or changes will be effective immediately upon notice, which will be posted as a modified agreement on the Site by an updated “Last updated” date. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms, regulations and conditions as changed. Please review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site, order, receive or use the Products. If you do not agree to the revised Terms, you are not permitted to access or use the Site or order, receive or use the Products.

PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using our website, you acknowledge that you have read and agree to the Privacy Policy.


NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER

We strive to offer you natural, healthy alternatives to snacking, but we are not health professionals.  You should always consult your doctor before making any changes to your diet and overall nutrition.

By using HEY FRIDA products, you acknowledge that you are doing so at your own risk, and have consulted with your doctor about what is best for your health.

We do not claim our products will help you lose weight or cure any health condition or symptom. The content of this website and any products or services HEY FRIDA offers are not meant to diagnose, treat, prevent or cure any health condition, and can not be used as a substitute for consulting your health professional. Any information that you find on this website, on websites we link to, receive from our employees, suppliers, or agents by phone, email, social media or any additional communication channel, or obtain through contacts you make through HEY FRIDA should be verified with your physician. Consult your physician with any specific health issues, questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by HEY FRIDA on this website, our channels and/or products have not been evaluated by the Food and Drug Administration.

Our kitchen facilities process and regularly use nuts. We do not provide a product for people with medically-necessitated diets or severe allergies. Due to additional production within our commercial kitchen, bars may also contain trace amounts of gluten.

PRICING AND AVAILABILITY

All prices are shown in USD ($) with applicable taxes and other charges, if any, are additional. We reserve the right to alter prices at our sole discretion, at any time and without notice. Please be aware, we will not notify you of changes in any applicable taxes.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order and to discontinue offering certain Products. We strive to provide you with high-quality Products, and due to the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make order adjustments from time to time with clear notification from our team.

HEY FRIDA  products and services displayed on the Site are available only via online request in the United States. HEY FRIDA does not ship internationally. In the case of international deliveries via third- party services, HEY FRIDA will not be responsible or be held liable for delivery or use of the products once HEY FRIDA has delivered to specified U.S. destination.

PAYMENTS, BILLING AND PROMOTIONS

Payment is due upon purchasing your HEY FRIDA product. 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 purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or otherwise not accepted, your Order may be suspended or cancelled. You must resolve any payment method issue before we process your Order for sale &/or shipment. If you want to change or update your payment method information, you can do so at any time. You acknowledge that the amount paid with each purchase may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.

PROMOTIONS, REFERRALS, AND DISCOUNTS

If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. Promotion or discount codes may be used on already discounted programs, however we reserve the right to cease this practice at any time without notice. If you are using a discount code on a subscription program, we (or our third-party payment processor) will billing your designated payment method on a recurring basis for the discounted price of your program (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the delivery date of your subscription. Instructions for cancelling your subscription are described in the “Cancellation of Subscription” section below.

SUBSCRIPTIONS

WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) HEY FRIDA (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF BARS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY ORDERS AS OFTEN AS YOU'D LIKE BY EMAILING INFO@HEYFRIDA.COM WITH 5 DAYS NOTICE PRIOR TO DELIVERY.

CANCELLATION OF SUBSCRIPTION

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY LOGGING IN TO YOUR ACCOUNT AND CANCELING SERVICE OR BY EMAILING OUR TEAM, AT INFO@HEYFRIDA.COM. YOU CANNOT CANCEL YOUR FIRST WEEK’S ORDER, AND ALL FUTURE WEEKS MUST BE CANCELED BY 11:59PM 5 DAYS PRIOR TO THE NEXT DELIVERY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

SHIPPING, HANDLING, AND DELIVERY

You agree to pay any shipping, handling, and delivery charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate these charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Shipping and delivery are handled by a third party courier. When you purchase a product from HEY FRIDA, shipping and delivery times shown on the Sites are estimates only. Actual delivery dates and times may vary. You agree that you will not obtain, or direct shipment of, a product for export.

DELIVERY LOGISTICS

Current Delivery Area

We currently deliver to all 48 contiguous states in the U.S.

DELIVERY DISCLAIMER

HEY FRIDA is not responsible for failed deliveries due to incorrect or incomplete addresses.

All HEY FRIDA products are to be kept refrigerated until consumed and freshness cannot be not guaranteed past the 3rd week upon receipt. It is up to the client to maintain freshness once received. It’s suggested to put your HEY FRIDA bars and perishable items in the refrigerator when you receive them.

In certain areas, you may be able to provide additional delivery instructions when placing your order. Please include any apartment, unit, business name, etc. to thoroughly describe your address. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. HEY FRIDA  is not responsible for replacing orders once delivered, in the event that you are not home and the delivery is taken.

Once the delivery has been made based on your specifications, we are no longer responsible for any damage or delay on behalf of other persons, circumstances, or for the security of its contents. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you think the contents are not suitable for consumption or have been tampered with, please let us know as soon as possible so we can find a more suitable arrangement for the next delivery.

HEY FRIDA  is not responsible for damage or loss of personal property during deliveries if evidence of misconduct cannot be provided.  For issues regarding delivery, lost or stolen packages, etc. please immediately contact the third party delivery company of which we sent you a tracking number and your order is thus insured.

WEATHER & TRAFFIC ALLOWANCES

Our delivery partners do their best to get your food to you on time so you may enjoy it at its freshest. Still, they run into delays due to weather, traffic and other factors that are outside of their control. We cannot guarantee all deliveries within our intended estimated arrival date.

In instances of inclement weather, we hold the right to postpone our deliveries in order to avoid putting our delivery teams at risk. In such a case, we will notify you as early as possible.

As both traffic and weather are outside of HEY FRIDA’s normal control, cash refunds cannot be issued for affected orders.

RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS

Since our products are handcrafted and made-to-order with fresh ingredients, we cannot accept returns. All sales are final. If a product arrives damaged or you have concerns, please contact our Team (info@heyfrida.com). We do our best to guarantee all customer satisfaction, so depending on the circumstances, we may, in our sole discretion, replace the products, provide you with a full or partial refund for the purchase price of said products, or provide you with a credit or product that will be automatically applied to future deliveries. If issued, a refund may take 3-5 business days to show up, depending on which bank you use. If you are provided with a credit for a purchase, we may provide you with a discount code to use on a future order. If you have any questions regarding the replacement, refund, and credit logistics, please reach out to us at info@heyfrida.com for help.

Refunds will not be issued for delays that are the result of factors outside HEY FRIDA’s control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we need to cancel your delivery, you will be notified by email, and the canceled purchase will be credited to your account immediately.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT HEY FRIDA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND OUR SERVICES.


INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HEY FRIDA, ITS EMPLOYEES, OFFICERS, BOARD OF DIRECTORS, CONSULTANTS, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING COSTS AND ATTORNEY’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND OUR SERVICES.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents" ) are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to HEY KETO, Inc. collectively, its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by HEY FRIDA. HEY FRIDA may prosecute infringement to the full extent permitted under applicable law.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of products from HEY FRIDA) use by the users of our Site. You may download or copy the “Contents” and other downloadable materials displayed on the Site for your personal use only. No title or right any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except for personal use as noted above), publish, distribute, transfer, display, change, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

CUSTOMER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All feedback, comments, suggestions and other submissions offered, submitted or disclosed to HEY FRIDA to or on this Site or otherwise offered, submitted or disclosed in connection with your use of this Site (collectively, "Comments") shall become and remain HEY FRIDA’s property. Such an offer, submission or disclosure of any Comments shall constitute an assignment to HEY FRIDA of all worldwide rights, titles and interests in all copyrights, creative and other intellectual properties in the Comments. Therefore, HEY FRIDA will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. HEY FRIDA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay submitter any compensation for any Comments; or (3) to respond to any customer Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of HEY FRIDA or its representatives, unlawful, abusive or obscene material. You, as the submitter, are solely responsible for the content of any Comments you make.

You agree that HEY FRIDA may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site freebies, giveaways, promotions, and/or requesting promotional information and updates, you agree that HEY FRIDA may use your information, testimonials and any other submitted material for marketing and/or promotional purposes.

HEY FRIDA CUSTOMER COMMUNICATIONS

By purchasing HEY FRIDA product, signing up for communications or otherwise engaging with the Site, you agree that HEY FRIDA may send electronic communications to you for the purpose of advising you of changes, cancellations to your purchase and/or additions to this Site, about any HEY FRIDA products, services, or for such other reason(s) that HEY FRIDA deems appropriate. You have the option to opt-out of marketing communications at any time.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to third party services, resources or for any other purpose, the availability and content of which HEY FRIDA does not control, or any concerns regarding any such link should be directed to the particular outside service or resource. HEY FRIDA will not be held responsible or liable for the use of any such content after leaving the HEY FRIDA Site.

INACCURACY DISCLAIMER

From time to time there may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. We reserve the right to correct said errors, inaccuracies or omissions, to change or update information at any time without prior notice, which may under our sole discretion, include after you have submitted your order.

TERMINATION

This Agreement is effective until terminated by either HEY FRIDA or you. HEY FRIDA  may terminate this Agreement at any time and may do so immediately and without notice, and deny you access to the Site accordingly, if in our sole discretion you fail to comply with any term of this Agreement and/or regulations of the Site. Upon any termination of this Agreement by either you or HEY FRIDA, you must immediately destroy all materials copied, obtained or downloaded from this Site, as well as all duplicated materials, whether made under the terms of this Agreement or otherwise.