Terms and Conditions

These Terms and Conditions of Service (“Terms of Service”) govern your membership on Haute Farms, and your purchases and use of products and services available through the Haute Farms site. The Haute Farms™ Site is operated by Haute Farms LLC and/or its subsidiaries and affiliates (collectively, “Haute Farms”, "Haute Forager"). Your use of the Haute Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”), which are incorporated herein by reference. http://www.hautefarms.com/website-terms-of-use. By becoming a customer or vendor of Haute Farms, you acknowledge and agree as follows:

1.     GENERAL

These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Haute Farms, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You shall establish and use your membership on the Haute Farms Site, and purchase and use the products and services available through the Haute Farms Site, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Haute Farms may be recorded.

2.     PRIVACY NOTICE

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Haute Farms is located in the Haute Farms Privacy Notice. You consent to any personal information we may obtain about you (either via the Haute Farms™ Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Haute Farms may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.

3.     HAUTE FARMS™ CUSTOMER & VENDOR

·         Establishing a Membership

You may establish membership on the Haute Farms Site. At a minimum, enrollment requires you to (1) provide contact information and identification details, and (2) submit any other form of authentication required as part of the enrollment process, in Haute Farms' sole discretion. You agree to accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your account, and for restricting access to your account. We encourage you to review our Information Privacy Policy for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.

·         Use of Membership

You shall not use your Haute Farms membership for any purpose competitive to Haute Farms. You will notify Haute Farms immediately by emailing contact@hautefarms.com of any unauthorized use of your Haute Farms membership or the Haute Farms Site known to you, whether by you or a third party.

·         Membership Termination

You may cancel your Haute Farms membership at any time by contacting Haute Farms customer support as specified on the “Contact Us” page on the Haute Farms Site. Haute Farms may terminate your membership and refuse any and all current or future use of the Haute Farms Site or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Haute Farms determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Haute Farms determines, in its sole discretion, that you are using your Haute Farmer membership in a manner not permitted by these Terms of Service or the Website Terms of Use, or (4) in other circumstances, as Haute Farmers deems appropriate in its sole discretion. Please note that termination by you or Haute Farms of your Haute Farms membership may result in the termination of your memberships in Haute Farmers' affiliated businesses and websites.

4.     PURCHASES

·         Order Processing

Haute Farms may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Haute Farms deems appropriate in its sole discretion. Haute Farms also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Haute Farms will either not charge you or refund the charges for orders that we do not process or cancel.

·         Return Policy

Haute Farms accepts returns on certain merchandise on a case-by-case basis. For Haute Farms' Return Policy, which may change from time to time, please click www.hautefarms.com/return-polilcy.

·         Product and Service Descriptions

Haute Farms attempts to provide accurate descriptions of products and services on the Haute Farms Site and in our marketing efforts. Haute Farms does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Haute Farms is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.

·         Pricing Information

Haute Farms strives to provide accurate pricing information regarding the products and services available on the Haute Farms Site and catalogs. We cannot, however, insure against pricing errors. Haute Farms reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Haute Farms will notify you by email. In addition, Haute Farms reserves the right, at its sole discretion, to correct any error in the stated full retail price.

·         Product and Service Availability

The Haute Farms Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be delivered immediately after you place your order. Unfortunately, Haute Farms cannot guarantee that an item listed as “in stock” will actually process right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Haute Farms attempts to process the order. Should this happen, Haute Farms will notify you by email, unless otherwise requested. Service offerings that are out-of-stock generally are no longer available. If Haute Farms determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Haute Farms will notify you by email and delete the item from the Haute Farms Site.

·        Delivery and Tax

Click www.hautefarms.com/ for our policy regarding delivery and tax, which may change from time to time.

5.     NUTRITIONAL INFORMATION

To the extent required by law, Haute Farms posts on each relevant product web page on the Haute Farms Site for any food products (1) the nutritional information regarding the product, and (2) the product’s expiration date.

6.     ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and Haute Farms regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.

7.     SEVERABILITY

If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

8.     MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that Haute Farms may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Haute Farms membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.hautefarms/website-terms-of-use. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

9.     EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your Haute Farms membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.

10.  EFFECTIVE DATE

            Effective Date: May 01, 2013

           Last Updated: September 23, 2015