Emma’s Recipes™ Terms of Service

Effective: April 30, 2021

These terms set out the basis upon which Emma’s Recipes™ Company govern your interaction with our web sites, as well as any orders you place with us through our site. (these “Terms”).
In these Terms, the terms “we”, “us”, “our” and “Emma’s Recipes™” refer to Emma’s Recipes™ Company, our affiliates, subsidiaries, and/or agents, and “you” refers to you.

If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the products and services made available through the Sites (collectively, the “Products”). If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms. We reserve the right to change or modify these Terms at any time and at our sole discretion.

1. Term of Sales

1.1 These Terms govern sales of goods by Emma’s Recipes™ through our Website. By placing an order to buy goods from us through our Website you accept and agree to comply with these Terms without reservation. Please read them carefully.

1.2 In order to buy goods through our Website you must be at least 18 years old and have accepted our Terms and other applicable terms.

1.3 Sales from the Website are for consumer purchase and not intended for commercial resale, commercial purposes, or other business purposes and we may cancel orders or limit volumes of products sold to each agent accordingly.

1.4 When you place an order through our Website, we will confirm receipt of your order by sending an acknowledgment to your E-mail Address. Please note that this is only an acknowledgment that we received your order and not an acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order.

1.5 Our acceptance of the order takes place after we receive your Full amount of payment. We will send a confirmation to your E-mail Address confirming the order and start production (“Order Confirmation”), then we will arrange delivery on the stated date. We recommend that you print or download a copy of these Terms and the relevant Order Confirmation for future reference.

2. Order details

2.1 The descriptions, prices, availability and other details of our goods will be as set out on our Website at the time you place your order.

2.2 All prices are shown in Ringgit Malaysia, RM. The total price specified in the final checkout screen includes delivery fees and any other possible processing charges if any. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference.

2.3 We may change the prices and other sales details on our Website, including these Terms, at any time and we may give prior notice to you but do not have to do so. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price, and to cancel any order that includes a mistake.

2.4 Please note that any images on our Website are for illustration purposes only and may vary from the actual goods. All features, content, specifications, sizes, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Packaging may vary from that shown.

2.5 By using the Sites, you represent and warrant that you will provide all details with your order accurately and honestly. If you do not do so we may be unable to accept your order or be delayed in delivering your goods. We are not responsible for any shipping or fulfillment errors that result from your failure to provide accurate information.

2.6 We may offer promotions for specified periods of time. If we offer you a promotion, additional terms will be provided in the marketing materials describing the particular promotion or at registration. In the event of a conflict with these terms, the specific terms of the promotion will prevail.

2.7 Your account may be associated with a ledger with a positive or negative balance. Balances may be created or earned through prepayments, unfulfilled orders, referrals, or other offers or mechanisms we make available from time to time. Your balance may be negative if we are unable to process payment for an Order.

2.8 All of our Products are subject to availability, and we reserve the right to impose limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, and to substitute Products (including, but not limited to, specific meal ingredients or entire meals) 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 substitutions from time to time.

3. Payment details

3.1 You promise that any credit or debit card or other payment facilities you use belong to you and that there are sufficient funds or credit facilities to cover the price of the goods you order. You agree to be responsible for all charges incurred by you or through any account you establish on the Website, including all delivery fees and processing charges, if any, associated with purchases.

3.2 We require all payments to be made through Bank Transfer to our company account (insert Company account details) and update us your payment slips on the Website.

3.3 If the payment process is not completed fully, we may suspend or cancel your order.

4. Risk of Loss

4.1 Risk of loss and title to the goods purchased from us will pass to you, once the goods are delivered to the shipping address you provide with us, they will become your responsibility and we no longer have any responsibility for taking care of the goods from that point.

5. Delivery details

5.1 Our monthly delivery schedule is on the 20^th of every month. And any update on order, such as change of address, pause delivery, or anything that related to order and delivery needs to be informed before the 10^th of the month (11^th last month – 9^th this month).

5.2 We will deliver your goods to the address you provide to us for delivery at the time you make your order. We will always try to deliver your goods within our estimated delivery times if any, but actual delivery times are outside of our control. Any dates we give you for delivery are approximate only. We cannot be responsible for any loss or disappointment caused by delays.

5.3 Your order will be delivered after your payment has been approved and all other necessary verifications have been completed. Orders are typically delivered on the business day.

5.4 If, after failed delivery of the goods to your specified delivery address, we reserve the right to charge a re-delivery fee of a minimum of RM8 to send to an alternate location where applicable (or arrange for you to collect the goods from another location), after we have made reasonable efforts to do so, then we may cancel your order, we shall be entitled to reclaim the goods.

5.5 All goods will be delivered following our delivery deadline. Which we recommend you print or download for future reference.

5.6 Some of our goods for sale through an auto-replenishment delivery system. The terms in this Section solely with respect to goods ordered on our Website for auto-replenishment delivery.

5.7 When starting with our Pet Food Package Program, you agree to be on a per-order basis with auto-replenishment delivery monthly until your Package is ended or canceled.

5.8 Your Pet Food Package Program will automatically create a new order according to the applicable delivery schedule until canceled.

5.9 In the event your payment fails when we attempt a charge, we will try again periodically and promptly notify you and try again periodically. If we cannot successfully charge your card but the Cut-Off time necessary for delivery, we reserve the right to not send your Order. If we do send your Order, you are responsible for prompt payment.

5.10 We send Orders for delivery through in-house and third-party carriers and reserve the right to take a photograph of the delivery for proof and future reference of the Order being fulfilled. You are responsible for inspecting all Products you receive for any damage or other issues upon delivery.

5.11 If any issues with the products received, you are to report such issues within 48 hours of receiving orders for our Operations team to find an adequate solution where applicable. If we have not received your report within 48 hours, we will most likely not be able to assist.

5.12 From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper handling, preparation, storage, use, and consumption of the Products following delivery. Therefore, we also strongly suggest you check the Product upon each serving.

5.13 WE RESERVE THE RIGHT TO CHARGE AN ADDITIONAL FEE IF OUR CARRIER CANNOT DELIVER A PACKAGE BECAUSE YOU PROVIDE INCOMPLETE DETAILS CAUSED THE CARRIER UNABLE TO DELIVER THE PACKAGE.

5.14 We are not liable for the actions or inactions of third-party carriers. Please contact us as soon as possible if you experience an issue with the carrier.

5.15 IT IS YOUR RESPONSIBILITY TO NOTIFY US THE SAME DAY IF YOU DO NOT RECEIVE YOUR PACKAGE DURING YOUR SCHEDULED DELIVERY WINDOW.

6. Cancellation and Returns

6.1 You may decide to cancel any order free of charge and without giving us any reason, provided it can be canceled before our delivery deadline. If you wish to cancel your order, please send your request to our Customer Service and request a refund in cash for any purchase made within the past 30 days*.

6.2 If we verify that an item you received was defective or otherwise not in conformity with your order when you received it, you will either receive a refund, a replacement item, or a credit.

6.3 We do not accept returns of perishable Products or opened items unless the Product condition requires further investigation by our team. Refunds may be made at our discretion in the event of any problems with the Products.

6.4 If canceling, please contact us at least 14 days before the date you are scheduled to be charged next. If you contact us less than 14 days before the next charge is scheduled, you may be charged for the item.

6.5 For any Cancelation, you may use your program until the end of your then-current program term; your program will not be renewed after your then-current term expires.

6.6 In the event you pause or cancel your Program, we may still send you promotional communications unless you opt-out of receiving those communications by following the unsubscribe instructions or contact us.

7. Pet Food Package Program Terms & Conditions

7.1 OUR PRODUCTS ARE DESIGNED FOR PET CONSUMPTION ONLY. We use Human-Grade ingredients specifically formulated for pets.

7.2 There is no commitment once you start the program. In advance of each delivery, we will send you a reminder email showing the items, price, and any applicable discount for your upcoming delivery.

7.3 We may, at our sole discretion, terminate your program at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.

7.4 We reserve the right to change the Program benefits, including any discount amounts and eligibility used to determine discount amounts, at any time at our sole discretion. All changes will apply to future orders, including for the current program.

7.5 Our Pet Food Package Program benefits are limited to items displaying Program offer messages. Your participation in this Program is personal to you, and you may not assign or transfer your Program or any of the benefits to any third party without our authorization.

7.6 Any Program discounts or any limited-time special promotions in effect apply only to eligible items displaying the offer message on the Pet Food Package Program item information pages, and then only if you choose to participate in the Program. Special limited-time subscription promotions only apply during their effective dates.

7.7 The price of the item may decrease or increase from delivery to delivery, depending on the price of the item at the time we process your order. Individual product prices can go up or down over time. If the price of your subscribed product changes, the new price will be displayed in your order review email and will be applied only on future shipments. You can review your package price and edit or cancel your subscription at any time.

7.8 If you cancel your program and then reactivate it, the discount applied to any Program item may not be the same discount in effect at the time of cancellation. If the Program discount percentage for such Program item changes, the new discount will be applied to your future shipments of that item.

7.9 YOUR CONTINUED USE OF OUR PET FOOD PACKAGE PROGRAM AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.

7.10 If you successfully join our pet food program, you will have products to be delivered to you monthly, as well, we shall grant you one (1) business license account. Please refer to Customer Service to find out more.

7.11 For any successful referrals, you shall start earning your rewards with your business license account. Please refer to Customer Service to find out more.

8. Food and Health concerns

8.1 If you joined our Pet Food Program, our amount of meal intake recommended portion sizes are based on only feeding with our Product. We are not liable for any issues arising with the Product if you mix with other foods or toppers that are not Emma Recipes products.

8.2 If you are concerned about whether our Products are suitable for your pet, please consult with your veterinarian.

9. Warranty and liability

9.1 As we only sell to consumers we shall not, in any event, be liable to you or anyone else in relation to sales of goods through our Website for business-related loss, damage, or costs such as lost data, lost profits, or business interruption.

9.2 We shall have no liability for loss, damage, or costs in relation to our Program or sales of goods through our Website attributed to (a) your own fault or mistake; (b) a third party unconnected with our own performance; or (c) any other events which are outside our or our agent’s control even if we or they have taken reasonable care.

9.3 We do not however limit or exclude warranties or our liability to you or anyone else in relation to our Program or sales of goods through our Website where, or to the extent, such limitation or exclusion is prohibited by law or conflicts with any warranty or guaranty expressly given to consumers in writing on the packaging of an item.

10. Money-back Guarantee

10.1 We understand picky eaters, If your pet doesn’t like our pet food program, you can request a cancellation and full refund with any purchase made within the past 30 days*. Send your request at emmapetfood@gmail.com.

11. General

11.1 If you breach any of these Terms and we do not take any action against you, we may still take action against you later or if you breach the same Term on another occasion or if you breach a different Term.

11.2 If any provision of these Terms (for any reason) is held to be unenforceable, illegal, or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms and they will continue in full force and effect.

11.3 We intend to rely upon the written terms set out in these Terms as the entire understanding between us relating to any of our Program. If you and we agree to any other changes, those changes will only be effective between you and us if they are confirmed in writing. That way we can avoid any problems surrounding what we or you are expected to do in relation to your order.

11.4 Only you or Emma Recipes have the right to enforce any provision under these Terms.