TERMS AND CODITIONS
Please read these terms and conditions carefully before ordering any meal plans from (“Website”). You should understand that by ordering any of our meal plans or subscribing as a member, you agree to be bound by these terms and conditions.
• You should print a copy of these terms and conditions for future reference.
• Please tick the checkbox in the shopping cart to accept these terms and conditions.
• Please understand that if you refuse to accept these terms and conditions, you will not be able to order any meal from our website.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. By agreeing to these Terms and Conditions you also agree to receive our newsletters and special offers.
1. Gourmet Fit is a LLC registered in the State of New York. We operate the website page SERVICE AVAILABILITY
2. This Website is only intended for use by residents of New York City and especific areas of the state of New Jersey. We do not accept any orders from residents outside of New York City and New Jersey.
3. By placing an order on this Website, you warrant that:
(1) You are legally capable of entering into binding contracts; (2) You are at least 18 years of age; (3) You are a resident of the United States of America; and (4) You are accessing this Website from the United States of America.
4. By placing an order through this Website or through any of our enrollment specialist personnel, your order will constitute an offer to us by subscribing to a Gourmet Fit meal delivery plan. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an e-mail that confirms that your order has been accepted.
5. Gourmet Fit accepts all major credit cards: (1) Visa, (2) American Express, (3) MasterCard and (4) Discover. We also accept payments via PayPal.
6. Any meal plan orders are final and may not be cancelled. Meal credits will be issued if for any reason we fail to deliver. (2) If there is an order placed for delivery in area not covered, or it doest reach the minimum ($120.00 before New York Sales Tax and delivery fee), refund will be automatically and the order will not be processed.
7. Gourmet Fit makes best efforts to deliver on time. Delivery hours are between the hours of 5 p.m. and 10 a.m. The location of delivery must allow 24 Hour access. Costumer is responsible for receiving and refrigerate the food, as we don’t offer cooler bag.
ALLERGIES AND HEALTH
9. We highly advise you to exercise extreme caution when ordering from Gourmet Fit. If you suffer from moderate to severe allergies we do not recommend Gourmet Fit for you. After complete your purchase, an email has to be send to us [ firstname.lastname@example.org] with any special request. Please be advised, Gourmet Fit is not responsible or liable for any omissions of food allergies the member fails to provide. If we substitute your allergens for other food upon your request, please be advised that although we will make every effort not to do so, we cannot guarantee that there will not be any cross contamination with other meals prepared in our kitchen.
Gourmet Fit meals are NOT intended to meet the needs of individuals living with diabetes, or individuals with any type of health condition which could be adversely affected by diet. If you are an individual living with any type of health condition including but not limited to diabetes, you agree to participate in our meal delivery plans only with the written consent (provided to us) by your physician.
Please be advised that information presented on this Website is not intended to be used as medical advice or a substitute for medical treatment. Please consult your physician before beginning any diet, nutrition plan, or fitness plan offered through our Website. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. We caution you to always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and wellbeing.
10. You hereby agree to defend, indemnify, and hold Gourmet Fit and officers/agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against Fit & Run, and that no liability may attach to Fit & Run in case of such violation by you.
LAW AND JURISDICTION
11. The contracts for the purchase of meal delivery plans from our Website resulting in any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by New York law. Any dispute or claim arising out of or in connection with such contract for meal delivery plan contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of New York State. You expressly and agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York;
and (ii) that the Contracts and the Services shall be deemed passive that do not give rise to personal jurisdiction over Gourmet Fit, either specific or general, in jurisdictions other than the State of New York.
12. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
may use this contact information to occasionally send you information or call you (whether manually or through an auto-dialing system) about products, menu planning, specials, promotions, etc. Visitors may also opt to provide their contact information to Gourmet Fit at various non-required times. By providing your contact information in an optional area, you consent to our occasionally sending you information or calling you about products, menu planning, specials, promotions, etc. If you prefer not to receive this kind of information from Gourmet Fit your request will be promptly honored. (Please note, however, that all customers who purchase online will receive an email confirmation after their order is placed in addition to updates regarding the status of their order.)
14. Gourmet Fit makes security a top priority. Any personal data you provide to us is stored on a secure server.