1. Terms of Sale

1.1 Product Subscriptions. We offer different and customizable plans for our products (“Product(s)”), as indicated on our websites (“Sites”). The number of Products you receive and the amount you are charged may vary from renewal date to renewal date depending on the selections you make and Product availability. Changes to your Product Subscription, or other choices you may make (such as the number of Products you receive), may also result in changes to any applicable shipping and handling charges and delivery times.

1.2 Continuous Subscriptions. WHEN YOU REGISTER FOR A PRODUCT SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) WHOLE30 (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR PRODUCT SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER
CHARGES) AND SEND REOCCURING SHIPMENTS FOR AS LONG AS YOUR PRODUCT SUBSCRIPTION CONTINUES, AND (B) YOUR PRODUCT SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR APPLICABLE PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR MONTHLY PRODUCT ORDER AS OFTEN AS YOU’D LIKE BY MANAGINGYOUR DELIVERY SCHEDULE LOCATED ON YOUR SUBSCRIPTION PAGE. YOUR FIRST ORDER WILL BE PROCESSED IMMEDIATELY, AND YOUR SELECTED PAYMENT METHOD WILL BE CHARGED AT THE TIME THE ORDER IS PLACES.

FOR MORE INFORMATION ABOUT OUR PRICING AND BILLING POLICIES RELATED TO PRODUCT SUBSCRIPTIONS, PLEASE VISIT THE PRICING PAGE ON OUR WEBSITE AND OUR FAQS.

1.3 Cancellation Policy. YOU MAY CANCEL YOUR SUBSCRIPTION ONLINE AT ANY TIME BY EMAILING SHOP@WHOLE30.COM OR BY VISTING YOUR PROFILE PAGE ON HTTPS://SHOP.WHOLE30.COM/ AND FOLLOWING THE INSTRUCTIONS IN OUR RESPONSE OR BY CONTACTING CUSTOMER SUPPORT. ANY SUBSCRIPTION ORDER(S) IDENTIFIED AS “PROCESSING” OR “SHIPPED” ON YOUR SUBSCRIPTION PAGE, HOWEVER, CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY PRODUCT ORDER IDENTIFIED AS "PROCESSING" OR "SHIPPED" PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. In the event you cancel your Product Subscription, please note that we may still send you promotional communications about Whole30, unless you opt-out of receiving those communications by following the unsubscribe instructions provided therein.

2. Third Party Purchases. From time to time, certain of our Products may be offered through a third-party channel (each, a "Third-Party Purchase"). Your use of or interaction with any third-party channel are solely between you and the third party. Whole30 does not control or endorse, and makes no representations or warranties regarding any third-party channel. Third Party Channels may impose their own terms, policies or processes ("Third-Party Terms"), separate from these Terms, and you should carefully review those Third-Party Terms. Your access to and use of such Third-Party Channels and your acceptance of Third Party Terms are at your own risk.


3. Payment and Billing Information.

3.1 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 Product Subscription, you remain responsible for any uncollected amounts and, with respect to your Product Subscription, authorize us to continue billing the payment method, as it may be updated.

3.2 You acknowledge that the amount billed may vary due to promotional offers, Products you select, changes you make to your Products 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.

3.3 Notwithstanding anything provided above, for the purposes of this Section 5, any Third Party Purchase will be billed and charged in accordance with the applicable Third Party Terms.

4. Pricing and Availability.
4.1 All prices on our Sites 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, including without limitation, as based on geographic or other criteria as we may establish from time to time; 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 1. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products, as applicable, 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 Sections 1 and 2, as applicable.
4.2 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 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 Products unavailable for periods of time. All Products are provided “AS IS” without any warranty.

 

5. Taxes. We will collect applicable sales, use and other tax (collectively, "Tax") on Products shipped to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase. If an item is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.

6. Shipping and Handling

6.1 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 our Sites, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
6.2 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.
6.3 Notwithstanding anything provided above, for the purposes of this Section, shipping and handling for any Third Party Purchase will be made in accordance with and subject to the applicable Third Party Terms.
7. Deliveries.
7.1 You are responsible for inspecting all Products for any damage or other issues upon delivery. If you are not at home when your Product delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. In certain areas, you may be able to provide additional delivery instructions when setting up your Whole30 account, 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.
7.2 Notwithstanding anything provided above, packaging of and delivery instructions related to any Third Party Purchase may vary depending on the applicable Third Party Channel; accordingly, for the purposes of this Section, any deliveries of Third Party Purchases may be subject to additional applicable Third Party Terms.
7.3 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.
8. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
9. Returns, Replacements, Refunds, and Credits.
9.1 If you are dissatisfied with a Product ordered on our Sites for any reason, please contact us at shop.whole30.com within thirty (30) days of the date you received the Product. Depending on the circumstances, we may, in our sole discretion, replace the Product(s) at our expense, provide you a full or partial refund of the purchase price for that Product(s), or provide you with Credits for that Product(s) that will automatically be applied to future deliveries under your Subscription or, as applicable. Notwithstanding the foregoing, Credits for certain types of Purchases may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which shall be communicated to you at the time of issuance. We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you a refund, replacement, or Credit.
9.2 Notwithstanding anything provided above, for the purposes of this Section, returns of and refunds for any Third Party Purchases will be subject to the applicable Third Party Terms. If you are dissatisfied with any Third Party Purchases, please contact the applicable Third Party Channel for their return and refund policies.
10. Miscellaneous. These Terms are the entire agreement between you and Whole30. They supersede any and all prior or contemporaneous agreements between you and Whole30 relating to your use of this website, its Terms, or the Products. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the City of Salt Lake and County of Salt Lake, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.