339 Miller Rd. Mauldin, South Carolina 29662

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© 2019 by Elia's Kitchen, LLC.

TERMS AND REFUND POLICY

General Information

Elia’s Kitchen

864.447.6094

info@eliaskitchenSC.com

Elia’s Kitchen offers plant based, Personal Chef prepared meals and catering services that are wholesome and nutritious, as well as Elia's Market for kitchen, home, and personal accessories and Products. A team of professional chefs develop our menus and recipes. All our ingredients are sourced from the highest quality farmers and purveyors. All our meals are prepared, cooked and packaged in our commercial kitchen. We prepare 100% plant-based food and prepare our food according to our clients' preferences, dietary restrictions or allergies, but due to sharing a commercial kitchen space for meal preparation, Elia’s Kitchen is not responsible for any unknown issues or allergen exposures this may cause.

These terms and conditions set forth the agreement between you, the subscriber (“you”), and Elia’s Kitchen (the “Company” “we” or “us”), with respect to your use of this website, including the blog (the “Site”), and our subscription meals service (the “Service” or “Elia’s Kitchen Service”).

 

Please review this Terms and Conditions Agreement (the “Terms”) carefully. If you do not agree to be bound by these Terms, you may not use the Site or Service; conversely, by using the Site or subscribing to our Service, you agree to be bound by these Terms. We reserve the right, at any time and from time-to-time, to update, revise, supplement and/or otherwise modify these Terms.

Privacy

We are committed to protecting the privacy of the personal information you share with us. Our Privacy Policy is incorporated into these Terms. You can review it under the PRIVACY POLICY section or link on our Site.

Nutritional Disclosures

We create meals to help you meet health and wellness goals and maintenance. Our meals are created in collaboration dietitians and arrive properly portioned for your nutritional needs based on the United States Department of Agriculture’s MyPlate guidelines. All packaging includes full ingredient lists, heating instructions and the access to all the nutrition facts. 

Our commercial kitchen(s) may have processed peanuts, tree nuts, shellfish, coconut, dairy, eggs, fish, soy and wheat. We will never knowingly include artificial flavors or colors, trans fats, partially hydrated oils or high fructose corn syrup (HFCS) in our products.

The Company does not provide dietary advice or medical advice in connection with the Elia’s Kitchen Site or Service. The material on this site is for information purposes only and does not constitute advice of any kind. We are not engaged in providing professional medical advice via this Site or otherwise. You should not view the information provided on this Site as a substitute for, or to augment in any way professional medical advice, diagnosis or treatment of any kind or nature. You should seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or anything you may think could be a medical condition. You should not disregard the professional medical advice you are given from your physician or other qualified healthcare provider or delay in seeking it because of the material you have read or received on this site or the Company’s Services, or other communications you receive from us. You should always consult with your physician or other healthcare professionals before adopting any dietary advice. Elia’s Kitchen service may include ingredients to which you or you guest may be allergic. You should always check the complete ingredients list to avoid potential allergic reactions. If you suspect that you may be allergic or have an allergic reaction or you're having some other adverse health event, immediately contact your healthcare provider or call 911 in the event of a medical emergency.

Caterer

Food and beverages are offered through Elia’s kitchen onsite. All prices are subject to a 21% management charge and all applicable taxes.

Outside Food and Beverage

Outside food or beverages are not allowed in the facility. If outside food and beverages are brought to an event, the customer will be charged at 150% of the current Elia’s Kitchen menu price.

Food and Beverage Sampling

Exhibitors may distribute food and beverage samples in authorized booth space. You must request a sampling form from your Catering Sales Manager. Written approval must be obtained 14 days before the event begins. Food and beverage items that are to be sampled must be items that represent or are manufactured by the exhibitor. Food and beverage items must not be in competition with any items offered by Elia’s Kitchen. Samples are limited to 2 ounces. Alcoholic beverages are not allowed to be sampled. Exhibitors handing out samples are required to have all necessary permits on file with the South Carolina Department of Health.

Beverage Service

The South Carolina Department of Revenue, Alcohol and Beverage Licensing regulate alcohol and beverage services. As a licensee, Elia’s Kitchen is responsible for the administration of these regulations. Alcoholic beverages are not permitted to be brought on the premises without written consent. If approved, a corkage fee will be assessed. Elia’s Kitchen will dispense all alcohol brought on the premises. In accordance with state regulations, we reserve the right to request a state or government issued photo ID from any guest to verify age. Elia’s Kitchen reserves the right to refuse alcohol service to underage guests and to guests who appear to be intoxicated. No more than two alcoholic beverages will be served to a guest in one transaction.

TAM/TIPS Bartending Service

By contracting Elia’s Kitchen Bartender Service, you understand and are verifying the following.

1. I understand that Elia’s Kitchen does not promote under aged drinking under any circumstance and will not serve to guests under the age of 21.

2. I understand the bartending staff provided/secured by Elia’s Kitchen follow the guidelines required by TAM/TIPS certification and have the right to refuse alcohol to any guest that appears intoxicated. The host will be discreetly notified of such action and such action will be recorded by Elia’s Kitchen.

3. I agree that Elia’s Kitchen is not responsible for the conduct of guests at my event and is not liable for their actions before, during or after the time frame specified on signed contract.

4. I verify that I have the option to allow a tip cup at my event or to not allow a tip cup. If I choose not to allow a tip cup, I will instead compensate each bartender for his/her services upon completion of event $1.00 for each guest. You must let your Event Coordinator or Catering Director three days prior to your event if you request "No tip cup" Otherwise Tip Cup will be set out on Bar/Beverage Station

Linens

All menu prices include standard sized white or black table linens (not floor length) and standard linen napkins. Additional colors and floor length options are available at an additional charge. Linens are included in the event space where your meal function is served, based on your final guaranteed number given to Elia's Kitchen. Please speak with your Catering Sales Manager for details.

Dietary Considerations

At Elia’s Kitchen we do our all we can to accommodate special dietary requests. Any specific dietary requirements must be specified in advance in the service agreement. If a last minute request is made, accommodating the request is at the sole discretion of the chef as well as based on last minute limited resources. Any changes to the menu made 14 days or less from the date of the event will be charged 25% more of the per guest service. Elia’s Kitchen will prepare special dietary food dinners if a special diet guarantee is provided to the Catering Sales Manager.

Menu Selection

Menus must be finalized ten days prior to your event.

Guarantees

Final guarantees are due by noon, 14 business days prior to your event. Items priced by the piece or by the dozen require quantities for each item. If you do not provide Elia’s Kitchen a final guarantee, your original estimates will be considered as your final guarantee and you will be billed accordingly. Once your final guarantee is given to your Catering Sales Manager the number may not be reduced. If the guaranteed number is increased after the final guarantee deadline, a 25% late fee will be incurred. Elia’s Kitchen will prepare an additional 3%, but no more than 30 additional plated meals for your event. If the meals are served to your guests, you will be billed accordingly. Elia’s Kitchen reserves the right to make substitutions for any additional items ordered after the final guarantee deadline.

 

Concession Stands

If you would like to offer a concession stand for your event attendees, clients must guarantee $100 in sales per hour, with a four-hour minimum. If concessions minimum is not met, client is responsible for paying the difference. Stands may also be set on your contracted space. Enjoy our traditional Concessions Menu offerings with the option to customize, which includes additions from our Specialty Menus. Please contact your Catering Sales Manager for further information.

Labor

Catering staff are scheduled in 6 hour shifts for each meal period. These shifts include set up, event service and breakdown. Additional Labor Fee is applicable for any additional staff or extended service hours requested by client or for Butler Passed Appetizer & Drink Service. $25 hourly rate applicable for Wait staff or Non-Alcohol beverage attendants, $35 for Certified Bartenders. Travel time will be assessed to requested time frame of the above services.

Cake Scoring & Plating Service is $75, waived for events greater than 175 attendants.

China Service

China service is standard for all catering services. For coffee services with china, Elia’s Kitchen will provide high grade disposable ware for 10% of the final guarantee so guests may take their beverage with them.

Venue Setup

Setup including rental equipment, centerpieces etc. is considered a service enhancement that is available for an additional fee. Rates vary depending upon extensiveness of setup and can be discussed with our Catering Director or Client Service Department.

If your event contains rental equipment (tables, chairs, linen, tents, dance floors etc.), a Rental Delivery & Pickup Fee will be assessed: $30-50 rates vary due to proximately of site location to headquarters.

 

Sit down & Family Style service is available for additional fee. Please discuss with our Catering Director or Event Coordinator.

Delivery/Fuel Fee is applicable on all events that are greater than 40 miles round trip from our headquarters in Mauldin, SC. Fees are $25 and up depending upon venue proximity to our headquarters.

Food and Beverage Changes

All food and beverage are subject to a 21% Management Charge, 8% Sales Tax, 2% Hospitality Tax, as well as a 5% liquor tax, if liquor is served at your event. If you are tax exempt, an ST-9 certificate must be given to your Catering Sales Manager prior to your event. Sales tax is not refundable. The Management Charge is not paid to employees as a gratuity. All menu prices are subject to change. Elia’s Kitchen will not guarantee price quotes for more than 90 days.

Management Charge

All catered events are subject to a 21% Management Charge. This Management Charge is the sole property of the food and beverage service company or the venue owner, as applicable, and is used to cover such party’s costs and expenses in connection with the catered event (other than employee tips, gratuities and wages) and are not charged in lieu of a tip. The Management Charge is not a tip, gratuity, or service charge, nor is it purported to be a tip, gratuity, or service charge, for any wait staff employee, service employee, service bartender, or other employee, and no part of the Management Charge will be distributed (as a tip, gratuity, or otherwise) to any employee who provides service to guests.

Catering Billing

All events must be paid in full prior to your event. A non-refundable 50% deposit is due 30 days prior to the event. The remaining balance is due when agreement and estimate are signed and send to the Catering Sales Manager as the final guarantee to initiate planning, resourcing menu and service. Elia’s Kitchen accepts MasterCard, Visa, American Express, Money Orders, Cashiers and Certified Checks.

Catering Cancellations

Cancellation of a food function must be sent in writing to your Catering Sales Manager. Any cancellation received more than 30 days prior to the scheduled event will result in a 25% fee of the estimated Food and Beverage charges. Any cancellation received less than 30 days in advance will result in a fee of 50% of the estimated Food and Beverage charges. Cancellations received 14 business days prior to the scheduled event will result in a fee equal to 100% of the estimated Food and Beverage charges.

Liability

Elia’s Kitchen LLC. reserves the right to inspect and control all functions. Waiver of Liability; the client agrees to irrevocably and unconditionally release Elia’s Kitchen from liability, claims, actions and causes of action arising out of or related to any loss, damage, illness, death or injury sustained by any participant in connections with any food, services, personnel, beverages, rental items not directly provided by Elia’s Kitchen, LLC.

The customer has the right to choose whether to agree to stated prices and sign a contract for catering services, or whether to decline to do business with Elia’s Kitchen based on the prices quoted by Elia’s Kitchen.

Cooking Classes Billing

All Cooking Classes must be paid in full prior to your event. A non-refundable 50% deposit of the total invoice will be required to be paid after the initial interview, when agreement and estimate are signed and send to the instructor as the final guarantee, to initiate planning and resourcing menu and service. Your remaining 50% balance is due 14 days prior the event. Elia’s Kitchen accepts MasterCard, Visa, American Express, Money Orders, Cashiers and Certified Checks.

Cooking Class Cancellations

Cancellation of a Cooking Class must be sent in writing to your Instructor. Any cancellation received more than 30 days prior to the scheduled event will result in a 25% fee of the estimated service charges. Any cancellation received less than 30 days in advance will result in a fee of 50% of the total service charges. Cancellations received 14 business days prior to the scheduled event will result in a fee equal to 100% of the service charges.

Personal Chef Billing

All Personal Chef services must be paid in full prior to your scheduled date or event. A non-refundable 50% deposit of the service and the estimated total groceries cost will be required to be paid after the initial interview, when agreement and estimate are signed and send to the chef as the final guarantee, to initiate planning and resourcing menu and service. Your remaining 50% balance is due 14 days prior the event. Elia’s Kitchen accepts MasterCard, Visa, American Express, Money Orders, Cashiers and Certified Checks.

Personal Chef Cancellations

Cancellation of Personal Chef services must be sent in writing to Elia's Kitchen. Any cancellation received more than 30 days prior to the scheduled event will result in a 25% fee of the estimated service charges. Any cancellation received 14 days in advance will result in a fee of 50% of the estimated total service charges. Cancellations received less than 14 business days prior to the scheduled event will result in a fee equal to 100% of the estimated Service.

Prepared Meals

All our meals are prepared, cooked and packaged in our commercial kitchen, then available for pickup weekly or delivered weekly straight to your door. When your meals arrive, just refrigerate and reheat when you’re ready to serve.

Prepared meals are to be ordered online on our website www.eliaskitchenSC.com on our Weekly Meals page and Elia’s Kitchen will deliver or the client can pick them up at our convenient location in Mauldin, SC.

When you subscribe to our Service and select a weekly subscription plan (a “Plan”), you authorize us (through our third party payment processor) to charge you, using the credit card information you provide on our payment page, for that Plan (and any additional items or services you may elect to add) on a weekly basis. We accept most major payment cards (debit, credit, rewards) such as, Visa, MasterCard, American Express, Discover, etc., as forms of payment for our Service. We are not able to process any other forms of payment. When you subscribe, we will automatically deduct payments after the Cutoff Date and prior to your shipment day for each Plan week, unless, no later than the Cutoff Date, you use our “skip a week” feature or you cancel your subscription.

Service constitutes your authorization of such price change and your agreement to pay those charges.

Our Foods

Our foods are made from scratch and always to order. We ship our meals cold on purpose, but never frozen. They will arrive ready-to-eat. We offer cuisines that span the world, continually expanding you or your guests' palates. We are committed to locally sourcing and producing the highest quality products, which start with using the best, freshest ingredients; plant based that are all natural, that is fresh or sustainably farmed, organic Non-GMO whenever possible and ancient, heirloom or whole grains grown with smart soil-enriching practices. Our kitchen meets FDA standards, and our culinary team chefs are Food Manager certified and adhere to HACCP compliant culinary processes.

Substitutions

Given the nature of our Service and our quality requirements, the specific food items you select are always subject to availability. If selected foods or ingredients become unavailable as the result of market conditions beyond our reasonable control, we reserve the right to substitute menu items and or ingredients of comparable quality and nutritional content.

 

 

Prepared Meals Pricing

Elia’s Kitchen reserves the right to adjust prices in its sole discretion, provided however that any price adjustments will be shown on the order subscription page of the Site when becomes effective. Your order confirmation will reflect price changes applicable to your order. You are responsible for checking your order confirmations. Any applicable taxes, shipping or other fees are in addition to the Plan charges. Once we have provided notice through your account of a price change, your continued use of the Service constitutes your authorization of such price change and your agreement to pay those charges.

 

Prepared Meals Changes/Cancellation

You acknowledge that changes to your Plan, cancellation of your subscription, pausing of your subscription or requests to “skip a week” cannot be made after the Cutoff Date for the upcoming week of shipments. Each time you log into your account and make selections or changes to your Plan, you reaffirm the foregoing authorization for Elia's Kitchen to charge your credit card for your Plan and any additional items you elect to purchase.

 

Refunds/Credits

If your package arrives damaged beyond normal shipping wear and tear or the ice pack(s) are melted, please contact us at info@eliaskitchenSC.com  Elia’s Kitchen or (864) 447-6094 within 24 hours following receipt of your package, and we will determine in our discretion if a replacement package or refund is appropriate based on the information you provide. If you believe that the meal(s) or the food packaging itself has been compromised, DO NOT serve any of the meals from your package and contact us immediately and no later than 24 hours following receipt of your package. Refunds to your original form of payment or a credit to your Elia’s Kitchen account ONLY will be issued. Any credits issued to your account may be used to offset the cost of your weekly Plan or to purchase additional meals. All credits issued to a Elia’s Kitchen account must be used within 90 days of the date of issuance.

 

Gift Cards

Elia’s Kitchen in its sole discretion may offer gift cards that allow you to give the gift of a limited-time subscription to a friend. If you are the recipient of a gift card, in order to redeem it, you must create an account and in so doing, agree to be subject to these Terms. If you wish to continue your subscription after your gift card has expired or the value is exhausted, you will need to provide valid credit card information. Gift cards are not redeemable for cash and unfortunately, we cannot replace lost or stolen gift cards. Sales of gift cards are final. From time to time we may also offer promotions, which have unique or specific terms. In those cases, the terms of such promotion shall be deemed to be incorporated into these Terms by reference.

Promotions

Promo codes. From time to time, we provide promotional codes that offer new customers a finite amount of money off their first order. If you wish to redeem a promo code, you must create an account and in so doing, agree to be subject to these Terms and any additional terms that we establish for such promotional code. You will also be required to enter valid credit or debit card information in order to redeem a promo code. Promo codes must be entered into your payment information before the order cutoff date and time of your first order to be valid. Unless otherwise specified, the promo codes must be used on the customer’s first order, cannot be combined with any other promo code or offer (including credit from the Refer A Friend promotion) and cannot be split between multiple orders. Promo codes may not be duplicated, sold or transferred, are not valid for cash and may expire before your use. Elia’s Kitchen determines the value of the promo code. Elia’s Kitchen reserves the right to change or end promo codes, their value and their terms at any time. Elia’s Kitchen owns all rights in and to any promotional code provided to you, and you acknowledge and agree that you have no ownership rights in any form in such codes. You acknowledge and agree that Elia’s Kitchen may limit the number of codes available to you and deactivate or terminate any code at any time in Elia’s Kitchen’s discretion.

Refer A Friend. We offer a Refer A Friend promotion that allows current customers to invite their friends to try Elia’s Kitchen via email and social media. The current customer that invites their friend to try Elia’s Kitchen (the “referrer”) will receive a $20 credit towards their next order for each friend who creates a new Elia's Kitchen account (the “referred user”) and completes at least one order from Elia’s Kitchen. The referred user must have never previously created a Elia’s Kitchen account. The referrer will receive this $20 credit only if the referred user created their Elia’s Kitchen account using the original link sent by the referrer. The invitations sent from the referrer to the referred user expire after 90 days. There is no limit to the number of credits or the number of referred users that a referrer can accrue. The referred user cannot combine the referral credit with another promo code. If the referred user applies an additional promo code where the value is greater than the Refer A Friend credit, the greater value will be used for the first order, and the referrer will still receive their referral credit as long as the referred user creates their account through link provided by the referrer. Refer A Friend credits may not be duplicated, sold or transferred and are not redeemable for cash. Elia’s Kitchen reserves the right to withhold or deduct Refer A Friend credits in the event that Elia’s Kitchen determines or reasonably believes that the receipt of the Refer A Friend credit was in error, fraudulent, illegal or in violation of these Terms and any other applicable terms.

 

Limitation of Liability

In no event shall We, Our licensors, suppliers, affiliates or other third parties referred to on Our Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use Our Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not We, Our licensors, suppliers, affiliates or other third parties referred to on Our Website are advised of the possibility of such damages. We, Our licensors, suppliers, affiliates or other third parties referred to on Our Website shall be liable only to the extent of actual damages incurred by You, not to exceed $500.00 (US). We, Our licensors, suppliers, affiliates or other third parties referred to on Our Website are not liable for any personal injury, including death, caused by Your use or misuse of Our Website, the Content, or Public Areas (as defined below). Any claims arising in connection with Your use of Our Website, any of the Content, Resources Public Venues must be brought within one (1) year of the date of the event giving rise to such action occurred (time being of the essence with respect to such deadline). Remedies provided for in these Terms and Conditions of Use are exclusive of any and all other remedies otherwise available at law or in equity.

Limitation of Liability/Disclaimer of Consequential Damages

YOU ACKNOWLEDGE AND AGREE THAT Elia’s Kitchen AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THIS SITE OR OUR SERVICE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT SHALL Elia’s Kitchen, ITS AFFILIATES OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NURTURE LIFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Pricing & Minimums

Elia’s Kitchen reserves the right to require a minimum number of guests per menu, meals or per event. Guest minimum amounts, menu prices, menu items, and any other services or products offered by Elia’s Kitchen are subject to change at any time, without notice, based on resources, availability and other factors. There may be a time lag between any changes to prices, minimum guest requirements, and menu items or any other products/services, and when those changes appear on the website or on any other materials. Specific guest minimums, menu prices, menu items and service/products offerings will be confirmed by an Elia’s Kitchen representative when you discuss your event with our staff.

Prices listed on the website are subject to change at any time without notice. Elia’s Kitchen will not be held liable for any website price changes or for price changes that have taken place but have not yet been reflected on the website. Website prices must be verified by Elia’s Kitchen with the customer. Kitchen staff.

Taste Testing

Elia’s Kitchen Catering offer Taste Testing Appointments for weddings and other joyous occasions. Please discuss your options with our Catering Sales Manager.

Taxes

All prices are subject to 6% State sales tax and 2% Hospitality taxes and may varies according to the service location. Tax Exempt Groups must supply their tax-exempt certificate upon booking event.

Limited Quantities. From time to time, a known scarcity of a particular food may cause us to limit the number of items containing that particular food that any individual subscriber can order, to help ensure some availability of that item for more subscribers. We reserve the right to impose these limits in our sole discretion. We are not responsible for unavailability of product due to popular demand.

Delivery and Risk of Loss

Risk of Loss. Title to the food products shipped to you passes at the time of delivery to the address as listed on your account. As these products are perishable, we cannot guarantee the condition of the food products if the delivery is delayed, must be re-routed or is held for pick-up beyond the scheduled delivery date and time.

Delivery Timing. We have verified through our testing initiatives that our packaging will keep your order fresh and cool at the time it leaves our facility. Shipments are scheduled to be delivered to customers no later than 6:30 pm on the specified delivery date of your order. It is your responsibility to receive and inspect the shipment when it arrives to confirm that it arrived in good condition and to ensure with the use of an accurate kitchen thermometer that the product is still cool (41 degrees Fahrenheit or lower for the internal temperature). If your delivery arrives later than 6:30pm on the specified delivery date of your order or if meat products arrive with an internal temperature above 41 degrees Fahrenheit, then immediately refrigerate all the meals and contact us at Elia’s Kitchen.com or (864) 447-6094 within 24 hours of receiving your package and prior to serving the meals that arrived in your package. We will determine in our discretion if a replacement package or refund is appropriate.

If delivery is delayed as the result of weather or other impediments beyond our reasonable control, we may have to reschedule and/or cancel specified delivery dates. If we cannot reasonably make your delivery at or before the scheduled date/time, we may, in our sole discretion, offer you a credit or refund instead. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or in a package room. You will be able to provide additional delivery instructions when you subscribe or order our Service, 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. The delivery address that you provide when you subscribe to our Service will be your default address for shipments. The Company will deliver your shipment to an alternative address upon request as long as (1) the request is made prior to the Cutoff Date and (2) the alternative address is within a geographic area where we provide our Service. The Company will continue to ship deliveries to the alternative address provided until you notify us otherwise. You are solely responsible for providing the correct delivery address for shipments. The Company will not offer any refunds or credits and takes no responsibility for refused, returned, misaddressed or lost packages due to inadequate delivery instructions or your failure to select the correct delivery address.

Online Content

All Site Material is proprietary to Elia’s Kitchen and is protected by copyright under both United States and foreign laws. Elia’s Kitchen authorizes you to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material is a violation of the Company’s rights under copyright, trademark and other laws. You may not sell or modify our Site Material or reproduce, display, distribute or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site is prohibited.

Trademarks. The name Elia’s Kitchen and our logos included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Elia’s Kitchen or an affiliated company. From time to time, we may reference trademarks owned and used by third parties for the purpose of referring to the goods or services of such third party. Any such marks are clearly noted, and we make no claim to ownership of those marks.

Submissions

We welcome your comments on our Site, products and Service. However, you acknowledge that if You send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Submissions”) the Submissions shall be deemed and shall remain Elia’s Kitchen’s property. By submission of any Submissions to us, you assign to us and we shall exclusively own all now known or hereafter existing rights to such Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

Prohibited Acts. As a user of this Site, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: (1) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (2) send material that reveals trade secrets, unless you own them or have the permission of the owner; (3) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (4) send material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (5) send sexually-explicit images; (6) send advertisements or solicitations of business; (7) send chain letters or pyramid schemes; or (8) impersonate another person. We reserve the right to expel users and prevent their further access to this Site for violating these terms or the law and reserve the right to remove any posts from this Site. The violation of any of the terms and conditions set forth in these Terms may result in termination of your subscription and prohibited access to the Site.

No Warrant

Elia’s Kitchen DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” BASIS. NURTURE LIFE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH NURTURE LIFE STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Links

This Site contains links to web sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by Elia’s Kitchen of the contents on those other sites. Elia’s Kitchen is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Site, you do so at your own risk.

Indemnity

By using this Site, you agree to defend, indemnify and hold harmless Elia’s Kitchen, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Elia’s Kitchen may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms. Elia’s Kitchen reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Resolving Disputes

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our Customer Experience Team at (864) 449-6094 or www.eliaskitchensc.com. You agree that, in the event that a dispute or claim arises out of or relating to these Terms or the Company’s Privacy Policy, you and the Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after the Company receives notification from you that a dispute exists, all parties shall join in mediation services in Greenville area with a mutually agreed mediator in an attempt to resolve the dispute.

Elia’s Market

Elia’s Market ("the Market") is an online marketplace operated by Elia’s Kitchen, LLC, where you can purchase various kitchen, cookware, bakeware, pantry goods and other Products from us. All Products purchased through Elia’s Market are sold by Elia’s Kitchen, LLC.

 

Elia’s Market Shipping and Returns

Shipping: Our Market items ship to the 48 contiguous United States. Please note that shipping currently isn’t available to P.O. Box addresses.

To ensure you receive your items on time, orders placed through the Market begin to process almost immediately. Please note that the window to adjust an order is limited and cannot always be accommodated.

Order Cancellations. To ensure you receive your items on time, orders placed through the Market begin to process almost immediately. Please note that the window to adjust an order is limited and cannot always be accommodated.

You can cancel or change a Market order that hasn’t already started processing by emailing info@eliaskitchenSC.com and we’ll provide you with the appropriate steps. Please include your order confirmation number, email address, and full name. We’ll do our best to accommodate your request.

Refunds. If you’re unsatisfied with a product, we’ll gladly provide a full refund on all items returned (excluding food and Gift Cards) within 30 days of receipt as long as it’s in its original packaging and condition.

Returns. To make a return, please email market@blueapron.com and we’ll provide you with the and any shipping instructions that may apply. After the items are returned to our warehouse, we’ll process a refund within 10 days.

 

We offer Standard Shipping options for our Market products:

Standard Shipping (5-7 Business Days)

$0 - $50.00 Order Value: $5.99

$50+ Order Value: Free

 

All deliveries are estimates and can be delayed due to incorrect shipping address, payment issues or shipping partner delays. The order value is based on the pre-tax, post-promotion, pre-shipping charge. For any products that are backordered, please refer to the product’s page for expected shipment date.

Miscellaneous

This Site originates from the United States of America. Elia’s Kitchen does not claim that the Site Materials on this Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms are governed by the substantive laws of the South Carolina, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in South Carolina with respect to any dispute, disagreement or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms and Conditions constitute the entire agreement between you and Elia's Kitchen with respect to your use of this Site and our Service.