Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Grandma's Kimchi! The terms "we," "us," and "our" refer to Grandma's Kimchi. Grandma's Kimchi operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Grandma's Kimchi is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to accurately describe and represent our products in our online store. However, product appearance, including color, texture, shape, and other characteristics, may vary. The appearance of products on your screen may also vary depending on your device and display settings.

Because kimchi is a fermented food made with agricultural ingredients, natural variation may occur between products and over time as fermentation progresses.

We do not warrant that the appearance of a product purchased through our Services will be identical to photographs or other representations displayed in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Grandma's Kimchi reserves the right to accept or decline an order for any reason at its discretion.

Your order is not accepted until Grandma's Kimchi confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. If you need to cancel an order, please contact us as soon as possible. We will do our best to accommodate cancellation requests before an order has been prepared for shipment. Once an order has been prepared or shipped, it may no longer be eligible for cancellation.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Purchases are subject to our Return & Refund Policy.

You represent and warrant that purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be reflected in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, or handling charges.

Prices offered through our online store may differ from prices offered at farmers markets, events, physical locations, or through other sales channels.

We may offer promotions from time to time that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our Services. You agree to promptly update your account and other information so that we can complete transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct, and complete; that you are authorized to use the selected payment method; and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times provided through our Services are estimates and are not guaranteed. Delays may occur due to shipping carriers, weather, service disruptions, incorrect or incomplete shipping information, or other circumstances outside our reasonable control.

Because our kimchi is a refrigerated, perishable food product, customers should promptly retrieve and refrigerate their order upon delivery.

Customers are responsible for providing a complete and accurate shipping address at checkout. We cannot guarantee refunds or replacements for orders that are delayed, misdelivered, or returned because of an incorrect or incomplete address provided by the customer.

If an order arrives damaged, is significantly delayed, or you have concerns about the condition of the product upon arrival, please do not consume the product and contact us within 24 hours of delivery. Please refer to our Return & Refund Policy for additional information.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Grandma's Kimchi, its affiliates, or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Grandma's Kimchi, Shopify, or any third party.

Grandma's Kimchi's names, logos, product and service names, designs, and slogans are trademarks of Grandma's Kimchi or its affiliates or licensors and may not be used without prior written permission.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the relevant third-party provider offers such tools.

We may also offer new features through the Services in the future. Such features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources, or content available through third-party websites.

Please carefully review third parties' policies and practices before engaging in transactions with them. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Grandma's Kimchi is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Grandma's Kimchi. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Grandma's Kimchi, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Grandma's Kimchi.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, including parties that may be located in countries other than the country in which you reside.

Please review our Privacy Policy for more information about how we, Shopify, and our service providers may collect, use, and disclose personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

You represent and warrant that you own or have all necessary rights to any Feedback you submit, have disclosed any compensation or incentives received in connection with your submission, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, or in violation of another party's intellectual property or these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate any law or regulation; infringe upon our intellectual property rights or those of others; harass, abuse, threaten, defame, or harm another person; transmit false or misleading information; distribute spam or other unauthorized solicitations; impersonate another person or entity; upload malicious software; collect or track personal information of others without authorization; interfere with the security or operation of the Services; or engage in conduct that restricts another person's use or enjoyment of the Services.

You may not reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services without authorization or circumvent measures used to control or restrict access to the Services.

We reserve the right to suspend, disable, or terminate your access to the Services if we determine that you have violated these Terms.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and complies with the requirements of this section.

We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

Agents must identify themselves as agents in applicable requests, must not conceal or obfuscate that interactions originate from an Agent, must respond truthfully when asked whether an interaction originates from a human or computer, and must not circumvent measures intended to block, limit, modify, or control Agent access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any portion thereof, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

Provisions that by their nature should survive termination shall continue to apply following termination, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY GRANDMA'S KIMCHI AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRANDMA'S KIMCHI AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Grandma's Kimchi, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party due to or arising from your breach of these Terms, violation of law or the rights of a third party, or misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals relating to the Services.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under these Terms without our prior written consent. Any unauthorized attempt to do so shall be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with applicable federal law and the laws of the State of Washington, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and Grandma's Kimchi consent to venue and personal jurisdiction in the applicable state and federal courts located in Washington State.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any portion of these Terms by posting updates and changes to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services following the effective date of changes constitutes acceptance of those changes to the extent permitted by applicable law.