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Terms & Conditions

Terms and Conditions

The poppyseednyc.com website (“Site”) is owned and operated by PoppyseedNYC LLC (“Poppyseed”). This sales policy (“Policy”) governs all purchases made on or through the Site. By making a purchase on the Site you agree to be bound by all of the terms and conditions (“Terms”) of this Policy. Poppyseed may, without notice, revise the Terms. It is your obligation to review the Terms from time to time.

RIGHT TO PURCHASE
Your right to purchase a product on this Site is subject to providing a valid address and a valid and accepted payment method. If the address or card information provided is incorrect or invalid, your order may not be processed or your order may be returned to us and you will be notified. We reserve the right to refuse processing any orders in the event that we determine, within our sole discretion, that any order is being made fraudulently.

REGISTRATION
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify the Site immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for any losses sustained by Poppyseed or any other user of the Site due to the unauthorized use of your password or account. You may not use anyone else’s password or account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software, or tools for that purpose, your account will be terminated. You agree to provide us with accurate, current, and complete information about yourself and your billing information as prompted by the registration process. When you purchase online from the Site, we protect and use customer information as set forth in our Privacy Policy.

PAYMENT OPTIONS & SECURITY
Payment Options

We accept Visa, MasterCard, American Express, and Discover cards. You may also check out with PayPal. Unless otherwise noted, all prices are stated in US currency and payment is made in US dollars.

Security

Submitting your credit card and personal information on this Site is safe and secure. Any information that you enter on our Registration page is encrypted before transmission to our server.

SHIPPING

For freshness, we bake our granola to order. We ship via UPS and First Class and Priority Mail USPS. We will provide you with tracking information for your order. We cannot guarantee delivery times. Please note that we currently only support sales within the continental United States (excluding Alaska). Upon processing your order, we will send you an order confirmation via email. If you do not receive a confirmation email, please check your junk mail folder and add poppyseednyc@gmail.com to your safe senders list. Your order will be shipped within two business days of the date of your order confirmation. If we cannot ship your order within two business days, we will notify you in writing of the reason for, and duration of, the expected delay and provide you with an option to either wait for the delivery of the order or cancel your order and receive a full refund. Pick up is also available at Cookie Cutter Bakery & Café located at 275 Flatbush Ave. Ext, Brooklyn, New York 11201 Monday through Sunday 1:00 p.m. to 7:00 p.m. U.S. Eastern time.

RETURN POLICY

Given the perishable nature of our granola, we are unable to accept returns. If you encounter a problem with your order, please send us an email to poppyseednyc@gmail.com and we will do our best to rectify the problem.

DISCLAIMER OF WARRANTIES

POPPYSEED MAKES REASONABLE EFFORTS TO ENSURE THE ACCURACY OF INFORMATION MADE AVAILBALE ON THE SITE. NOTWITHSTANDING THE FOREGOING, POPPYSEED DOES NOT WARRANT THE ACCURACY OF THE INFORMATION MADE AVAILABLE ON THE SITE OR REPRESENT THAT SUCH INFORMATION IS ERROR-FREE. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRODUCTS SOLD ON THE SITE ARE SOLD “AS IS” WITHOUT ANY WARRANTY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL POPPYSEED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT ON OR THROUGH THE SITE.

GENERAL
This Policy is governed by the laws of the State of New York in the United States, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Policy shall lie exclusively with the state and federal courts within the State of New York. If any provision of this Policy is held to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of this Policy will continue in full force and effect. The failure of Poppyseed to enforce any provision of this Policy shall not be deemed a waiver thereof and shall not prevent its later enforcement. Poppyseed may assign its rights and responsibilities hereunder without notice to you. Any violation of this Policy may result in termination of Poppyseed’s service to you.

 

Mobile Message Service Terms and Conditions

Last updated: June 11, 2021

The PoppyseedNYC mobile message service (the "Service") is operated by PoppyseedNYC LLC.  (“PoppyseedNYC ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from PoppyseedNYC LLC. via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (844) 795-1159 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other  mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to+1 (844) 795-1159 or email hello@poppyseednyc.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. 

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.