Conditions of Sale

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM THIS SITE. 

1. WHO WE ARE AND HOW TO CONTACT US 

This website is operated by Hoffman Family Farm, LLC, a limited liability company organized in the Commonwealth of Pennsylvania. Throughout this website, the expressions "we", "us", and "our" should be construed as references to Hoffman Family Farm, LLC.

To contact us, please email us at contact@hoffmanfamilyfarm.com.

2. APPLICABILITY OF THESE CONDITIONS OF SALE

These terms and conditions ("Conditions of Sale") apply to all products purchased through hoffmanfamilyfarm.com (the "Site").

3. YOUR ACCEPTANCE OF THESE CONDITIONS OF SALE

BY PURCHASING PRODUCTS VIA THIS SITE, YOU AGREE THAT YOU WILL BE BOUND BY THESE CONDITIONS OF SALE.

4. CHANGES TO THESE CONDITIONS OF SALE 

WE RESERVE THE RIGHT TO UPDATE, CHANGE, OR REPLACE ANY PART OF THESE CONDITIONS OF SALE BY POSTING UPDATES AND/OR CHANGES TO THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR ANY SUCH CHANGES. ANY REVISED CONDITIONS OF SALE SHALL AUTOMATICALLY APPLY TO ANY ORDERS SUBMITTED AFTER THE POINT AT WHICH THEY HAVE BEEN POSTED ON THE SITE. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU ARE FREE TO REJECT THEM, BUT IN THAT CASE YOU MAY NOT PURCHASE ANY PRODUCTS FROM THIS SITE. FOR THE AVOIDANCE OF DOUBT, YOU WILL BE PROVIDED WITH NOTICE OF THE RELEVANT CONDITIONS OF SALE THAT APPLY TO YOUR ORDER AT THE POINT OF PURCHASE.

5. ELIGIBILITY TO PLACE AN ORDER

5.1 The Site is solely directed at consumers located in within the 48 contiguous United States. Unfortunately, at this time, we are unable to sell or ship products to any customers outside these areas.

5.2 By submitting an order via this Site, you represent and warrant that you: (a) are at least 18 years old; and (b) have the full power and authority to enter into these Conditions of Sale and in so doing you will not violate any other agreement to which you are party.

6. ACCEPTANCE OF ORDERS

6.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

6.2 We reserve the right to refuse all or part of an order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit or debit card, and/or orders that use the same billing and/or shipping address.

6.3 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the products. This might be because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the products, or because we are unable to meet a delivery timescale you have specified (if applicable). If you have already paid for the products, and we are unable to accept your order, then we will refund your payment.

6.4 When placing an order with us, you agree to provide current, complete, and accurate information to enable us to fulfill your order.

7. PRICING & PAYMENT

7.1 The prices of the products will be as indicated on the order page at the point of purchase. All prices shown are in US dollars. Any applicable taxes and other charges, if any, are additional.

7.2 We will collect applicable sales tax on products purchased in, or shipped to, states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

7.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the products’ price correct price at your order date is higher than the price stated on the Site, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid, and require the return of any products provided to you.

7.4 We accept payment with all major credit and debit cards. Payment is due and will be taken as soon as the order has been placed. All our online payments will be processed through our secure third party payment processor. We use a third party payment processor to ensure the highest possible level of security and fraud protection available for our customers.

7.5 By providing a credit/debit 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 all charges you incur for the goods (including any applicable taxes and other charges). If we or our third party payment processor cannot obtain authorization for charges to your payment method, or if any amounts you authorize to charge to your payment are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: (a) cancel or suspend any undelivered portion of your order; (b) make second or subsequent attempts to charge your payment method; and/or (c) use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay any applicable charges for all orders.

7.6 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at a rate of 6% (six percent). This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

8. PRODUCT AVAILABILITY

8.1 All our products are sold subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products, and to substitute products (including, but not limited to, specific ingredients or entire shipments) without prior notice.

8.2 We strive to provide you with high-quality products, and given the perishable nature of certain products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us via the email address listed at the top of this page.

8.3 We reserve the right to change our product offerings on our Site, and to adjust prices of such products, as we determine in our sole discretion, at any time and without notice.

9. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the products you have ordered, please contact us via the email address listed at the top of this page as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the products, the timing of supply, or anything else necessary as a result of your requested change. We will then ask you to confirm whether you wish to go ahead with the change. Product and delivery changes must be made in writing and confirmed by us before your order is due to be dispatched or to be collected (as applicable).

10. CANCELING AN ORDER

If you wish to cancel an order after it has been confirmed or payment has been taken, please submit a cancelation request in writing to the email address listed at the top of this page. All cancelation requests must be submitted in writing before your order is due to be dispatched or collected (as applicable). Please note that we are unable to accept any cancelation requests after this cut off time. If you submit a late cancelation request, please note that you will remain liable for any order(s) placed and any charges that have already been incurred. Customers who submit a cancelation request in accordance with this section 10 will receive a full refund. For our full terms regarding refunds, please consult our Return & Refund Policy.

11. OUR PRODUCTS

11.1 Products may vary from the pictures shown on our Site. The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products and food itself varies in color, size, and quality. Your products may vary from those images. Although we have made every effort to be as accurate as possible, because our products are mainly food products and some are cut by hand, all sizes, weights, and colors indicated on our website are approximations only unless we state otherwise.

11.2 The packaging of our goods may also vary from that shown in the images on our Site.

11.3 Whilst we may provide general advice, recipes, and instructions relating to our products, any advice, recipes, and instructions provided by us relating to our products have been produced in order to help you in using the products and to give guidance. These are provided for general information only. We accept no liability for any loss, damage, or injury arising as a result of the advice, recipes, or instructions provided to you on our Site or in conjunction with any of our products.

12. PROMOTIONAL CODES & DISCOUNTS

12.1 From time to time, we may make promotion codes (“Promotional Codes”) available that can be redeemed online during the check-out process by entering the code in the relevant box. We may make these codes available via the Site, by email, telephone, social media, or through a third party.

12.2 The availability and use of Promotional Codes may also be subject to additional terms and conditions which we will make available to you at the time of the promotion. Such terms may include restrictions such as minimum order amounts and may only apply in relation to specific products or categories of products.

12.3 Details of the validity period of a Promotional Code will be made available at the time of its issue.

12.4 Promotional Codes cannot be exchanged for cash. We do not permit the sale, trade, or purchase of Promotional Codes in any way. This also applies to Promotional Codes published by third parties.

12.5 Promotional Codes cannot be used in conjunction with each other nor any other special offers or discounts.

12.6 Promotional Codes can only be used once per customer, unless specified otherwise at the time of promotion.

12.7 We reserve the right to remove a promotion at any time.

12.8 From time to time, we may also offer discounted prices in respect of specific products. Eligible products will be indicated on the relevant pages of the Site. We reserve the right to end or alter such discounts at any time and are able to remove specific products from these offers at any time.

13. SHIPPING / COLLECTION OF PRODUCTS

13.1 You agree to pay any shipping and handling charges shown at the time you place an order (as applicable). We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you confirm your order.

13.2 Deliveries. You will be able to choose a delivery date and time (if applicable) for the products when you place your order, and we will confirm these details in an order confirmation email to you. Please note: delivery dates and times are estimates only. Actual delivery times/dates may vary. We will notify you if your products are not able to be dispatched within the agreed timescale for any reason. By placing an order through the Site, you acknowledge and agree that time of delivery shall not be the essence of the contract. 

13.3 Collections. If you elect to collect or “pick-up” an order at check out, please note that you will need to collect your order within 14 days following notification that your order is ready for collection/pick-up. If an order is not collected within this timescale, we reserve the right to cancel your order and terminate our agreement with you in accordance with section 22 of these Conditions of Sale.

14. RISK, INSPECTION & HANDLING OF THE PRODUCTS

14.1 Risk in the products will pass to you immediately upon delivery or collection.

14.2 You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery or collection. You are solely responsible for determining the freshness of the products you receive. You should always inspect your order to confirm that any perishable food products arrive or are collected in a cool, refrigerated condition. We recommend that you use a thermometer to ensure that the temperature within the container in which the products are located is 40 degrees fahrenheit or below. In the unlikely event that such temperature is above 40 degrees or you have any other reason to believe that the products are not suitable for consumption, you should contact us via the email address listed at the top of this page, attaching photos of the item(s) before you discard them.

14.3 To maintain the quality and integrity of the products, we recommend that you immediately refrigerate all perishable products upon collection or delivery (as applicable), and that you follow the USDA’s instructions on refrigeration and food safety, which can be found here. From the time of delivery or collection, the condition and consumption of the products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, and use of the products. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that you follow all cooking instructions and that you use a food thermometer to ensure that all meat, poultry, seafood, and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly, and individuals with compromised immune systems should follow the FDA’s recommendations on food consumption for at-risk groups, which can be found here.

14.4 If you are not at home when your delivery arrives (if applicable), the courier or delivery agent will generally leave the package for you at your door. Our perishable food products are flash frozen at the peak of freshness and individually packaged and labelled. Your order will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your ingredients prior to consumption. In certain areas, you may be able to provide additional delivery instructions when placing your order, such as requesting that your delivery be left with a doorman or neighbor. 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 will accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

14.5 In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order (if applicable), we will attempt to deliver your order as soon as reasonably possible. In the event of a carrier delay, please inspect the contents carefully and email us (via the address listed at the top of this page) immediately with any concerns, attaching photos for review. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your ingredients is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

15. IF THERE IS A PROBLEM WITH THE PRODUCTS

If you have any questions or complaints about the products, please contact us. You can write to us via the email address listed at the top of this page.

16. NO RESALE 

You are not permitted to resell or otherwise use our products for commercial purposes.

17. RETURNS & REFUNDS

Our terms regarding returns and refunds can be found in our Return & Refund Policy.

18. OUR USE OF PERSONAL INFORMATION

18.1 Your submission of personal information via the Site is governed by our Privacy Policy. We will use the personal information that you provide to us: (a) to supply any goods that you order on the Site; (b) to process your payment for such goods; and (c) if you agree to this during the order process or while using the Site, to inform you about similar goods that we provide, but you may stop receiving these communications at any time by contacting us.

18.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

19. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, HOFFMAN FAMILY FARM, LLC, AND OUR RESPECTIVE PAST, PRESENT, AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, MEMBERS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”) FROM AND AGAINST ALL ACTUAL OR ALLEGED CLAIMS, DAMAGES, AWARDS, JUDGMENTS, LOSSES, LIABILITIES, OBLIGATIONS, PENALTIES, INTEREST, FEES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES), AND COSTS (INCLUDING, WITHOUT LIMITATION, COURT COSTS, COSTS OF SETTLEMENT, AND COSTS OF PURSUING INDEMNIFICATION AND INSURANCE), OF EVERY KIND AND NATURE, WHATSOEVER, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, OR SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE (COLLECTIVELY, “CLAIMS”), INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY OR PERSONAL INJURY THAT ARE CAUSED BY, ARISE OUT OF, OR ARE RELATED TO: (A) YOUR USE OR MISUE OF THE SITE; AND (B) YOUR BREACH OF THESE CONDITIONS OF SALE. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.

20. DISCLAIMERS

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS YOU PURCHASE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH GOODS. WE ATTEMPT TO DISPLAY PRODUCT PRICING, DESCRIPTIONS, INGREDIENT LISTS, AND NUTRITIONAL INFORMATION AS ACCURATELY AS POSSIBLE.  HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR IN THE PROVISION OF OUR PRODUCTS/SERVICES, INCLUDING IN AN ORDER CONFIRMATION, OR IN THE PROCESSING OR DELIVERY OF AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.  YOU FURTHER AGREE THAT THE GOODS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, DIFFERENCES IN HOW YOUR COMPUTER OR MOBILE DEVICE DISPLAYS TEXT AND/OR IMAGES, NATURAL VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS, AND THE VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES.  OUR SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

21. LIMITATION OF LIABILITY

21.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOFFMAN FAMILY FARM, LLC, AND OUR RESPECTIVE PAST, PRESENT, AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, MEMBERS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME, OR PROFITS, DATA LOSS, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO: (A) YOUR ACCESS OR USE OF THE SITE; (B) THE RECEIPT, CONSUMPTION, OR USE OF ANY PRODUCTS SUPPLIED HEREUNDER; OR (C) THESE CONDITIONS OF SALE, IN EACH CASE REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE CAUSE (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). 

21.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HOFFMAN FAMILY FARM, LLC AND RELATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR IN ANY WAY RELATED TO: (A) YOUR ACCESS OR USE OF THE SITE, EXCEED THE SUM OF $250 (TWO HUNDRED AND FIFTY DOLLARS); AND (B) THE RECEIPT, CONSUMPTION, OR USE OF ANY PRODUCTS SUPPLIED UNDER THESE CONDITIONS OF SALE, EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS.

22. TERMINATION

22.1 We may terminate our contract with you with immediate effect by writing to you if: (a) you do not make any payment to us when it is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address; or (c) you do not allow us to deliver the products to you within a reasonable timeframe or collect them from us within the timescale outlined in your confirmation email.

22.2 If we terminate our contract with you in one of the circumstances set out in section 22.1, we will refund you any money you have paid in advance for the products we have not provided, but we will be entitled to deduct or charge a reasonable sum for the net costs we have incurred up to and including the point at which the contract has been terminated. You acknowledge and agree that such sum may be up to 100% (one hundred per cent) of the contract value.

23. SEVERABILITY 

In the event that any provision of these Conditions of Sale is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Conditions of Sale. Such determination shall not affect the validity and enforceability of any other remaining provisions.

24. NO WAIVER

The failure by us to exercise or enforce any right or provision of these Conditions of Sale shall not constitute a waiver of such right or provision.

25. ENTIRE AGREEMENT

These Conditions of Sale and any other terms, policies, or operating rules incorporated in these Conditions of Sale by reference shall constitute the entire agreement and understanding between you and us and governing your purchase of products from the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us including, but not limited to, any prior versions of these Conditions of Sale.

26. GOVERNING LAW & JURISDICTION

These Conditions of Sale shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of law provisions. Any disputes arising out of or in connection with these Conditions of Sale shall be subject to the jurisdiction of the courts of the Commonwealth of Pennsylvania.

Effective Date: June 1, 2021 | Version: 1.0