Brothee LLC Terms & Conditions

By using this website, you are deemed to have read and agreed to the following Terms and Conditions:

The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and any or all Policies Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Us”, and “Brothee” refers to our company, Brothee LLC. “Party”, “Parties”, or “Us”, refers to both the client and ourselves, or either the client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the client’s needs in respect to provision of the company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

Please review our company Privacy Policy.

Disclaimer, Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Brothee LLC excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Terms of Sale

Box Subscriptions; Continuous Subscriptions; Cancellation Policy

Box Subscriptions. We offer different subscription plans for our products (each, a “Box Subscription”). If your Box Subscription changes, the applicable weekly Box Subscription price may also change. Changes to your Box Subscription, or other choices you may make (such as which products you receive), may also result in changes to any applicable shipping and handling charges and box delivery times. If we change the prices or other charges associated with our various Box Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on our Sites. The fees for the Box Subscriptions can be found on your Account page (Manage Subscriptions) and may be subject to change in the future. For more information about our Box Subscriptions, please visit the FAQ page.

Continuous Subscriptions. When you register for a box subscription, you expressly acknowledge and agree that (a) brothee (or our third-party payment processor) is authorized to charge you on a weekly basis for your box subscription (in addition to any applicable taxes and other charges) for as long as your box subscription continues, (b) the amount you are charged and the number of products you receive each week may vary depending on the preferences you select, and (c) your box 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 box order as often as you'd like by managing your delivery schedule located on your account page (manage subscriptions).

Cancellation Policy. You may cancel your subscription at any time by contacting customer support. Any order identified as “order processed” or “shipped” on your account, has been processed and cannot be cancelled. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any box order processed prior to the cancellation of your subscription.

in the event you cancel your box subscription, please note that we may still send you promotional communications about brothee, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Box Subscription, or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Box Subscription 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.

Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in this document, as applicable.

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, to discontinue offering certain Products and to substitute Products without prior notice. 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 at hello@brothee.com.

Taxes

We will collect applicable sales tax on Products shipped to the 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.

Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. 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 make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from Brothee, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.

All Products purchased from us are made pursuant to a shipment contract. This means that when you purchase a Product that is fulfilled by one of our third party fulfillment partners title to and the risk of loss of such Product passes to you upon the fulfillment partner’s delivery of such Product to the third party courier, and when you purchase a Product that is fulfilled by us title to and the risk of loss of such Product passes to you upon the third party courier’s delivery of such Product to you.

Deliveries

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. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry or seafood Product is 40° F or below. In the unlikely event that such temperature is above 40° F, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us at hello@brothee.com and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend 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 U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our products are packaged with insulated liners and gel packs and 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 immediate and proper storage of your products 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 shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your order is not feasible, we will cancel your delivery for the period so affected and issue you a Credit (as defined below) or refund of the purchase price for that delivery.

Log Files & Cookies

Please review our company Privacy Policy.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text and images relating to the company’s services and the full content of this website. “Brothee” is a registered trademark of Brothee LLC in the United States and other countries. The brand names and specific services of the company featured on this web site are also trademarked.

Communication

Please contact us at hello@brothee.com.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any agreement contained herein.

Waiver

Failure of either party to insist upon strict performance of any provision of this or any agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both parties.

General

The laws of California and the United States govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the company to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the company.

Miscellaneous

Both you and the company acknowledge and agree that no partnership is formed and neither of you nor the company has the power or the authority to obligate or bind the other. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this site and/or these terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law. On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices. If the company fails to act with respect to your breach or anyone else’s breach on any occasion, the company is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and the company, and are accepted by you upon your use of the site or your account. These terms constitute the entire agreement between you and the company regarding the use of the Site and your account. By using the site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these terms. If you breach any provision of these terms or our Privacy Policy you may no longer use the Site. If these terms or your permission to use the site is terminated by us for any reason, the agreement formed by your acceptance of these terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the site and anything relating to or arising from such use. If you are dissatisfied with the site or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the site.

Notification of Changes

Brothee LLC reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Contact Us

If you have any questions, please contact us at hello@brothee.com.