Terms of service

TERMS OF SERVICE

OVERVIEW Welcome to Freshly Diced Hot Sauce! The terms “we”, “us” and “our” refer to Freshly Diced. Freshly Diced operates this store and website (known as Freshly Diced Hot Sauce), including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Freshly Diced is powered by Shopify, which enables us to provide the Services to you.

The below 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. 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 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 province or territory 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 stores or purchasing any of the 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 the information you provide in our stores is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

SECTION 2 - OUR PRODUCTS (HANDMADE DISCLAIMER) We have made every effort to provide an accurate representation of our products in our online stores. However, Freshly Diced products are small-batch and handmade using natural ingredients.

  • Batch Variation: You acknowledge that minor variations in color, texture, heat level, and consistency may occur between batches. This is a characteristic of our artisanal process and is not considered a defect.

  • Shelf Life & Storage: You agree to adhere to any storage instructions provided on the product label (e.g., "Refrigerate after opening"). We are not responsible for spoilage due to improper storage after delivery.

We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS AND RETURNS When you place an order, you are making an offer to purchase. Freshly Diced reserves the right to accept or decline your order for any reason at its discretion. All Sales Are Final. Due to the perishable nature of our products, your purchases are subject to our Refund Policy, which strictly limits returns to damaged or defective goods only. We do not accept returns for personal taste preferences or change of mind. You represent and warrant that your 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 will be the price in effect at the time the order is placed. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. You represent and warrant that the credit card information you provide is true, correct, and complete and that you are authorized to use such credit card for the purchase.

SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Risk of Loss: Once we transfer products to the carrier, title and risk of loss passes to you. Temperature Sensitivity: Our products are packaged in glass and are liquid. While we package with care, we are not responsible for damage caused by extreme weather conditions (e.g., freezing or extreme heat) if the package is left outside or unattended upon delivery.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, images, graphics, and the design thereof, are owned by Freshly Diced, its affiliates or licensors. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, or create derivative works of any of the material on the Services without our prior written consent. Freshly Diced’s names, logos, and product names (including "Freshly Diced Hot Sauce," "Cherry Bombshell," "Pineapple Smokeshow," and "Mango Temptress") are trademarks of Freshly Diced.

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 any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties.

SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Freshly Diced is powered by Shopify. However, any sales and purchases you make in our Store are made directly with Freshly Diced. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Freshly Diced.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy.

SECTION 11 - FEEDBACK If you submit any ideas, suggestions, feedback, or reviews (collectively, “Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display such Feedback for any purpose, including commercial use.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES You may not access or use the Services for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, or to violate any international, federal, provincial or state regulations. You agree not to upload viruses or malicious code, collect personal information of others, or interfere with the security features of the Services.

SECTION 14 - TERMINATION We may terminate this agreement or your access to the Services in our sole discretion at any time without notice.

SECTION 15 - DISCLAIMER OF WARRANTIES & ALLERGENS Allergen Warning: Our products contain various food ingredients (including peppers, vinegars, fruits, and spices). It is your responsibility to review the ingredients list for each product to ensure it is suitable for your dietary needs. We are not responsible for any allergic reactions. EXCEPT AS EXPRESSLY STATED BY FRESHLY DICED, THE SERVICES AND PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL FRESHLY DICED, OUR DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 17 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Freshly Diced and our affiliates from any losses, damages, liabilities or claims arising out of your breach of these Terms of Service.

SECTION 18 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

SECTION 19 - WAIVER; ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 20 - ASSIGNMENT You may not delegate, transfer or assign this Agreement without our prior written consent.

SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You and Freshly Diced consent to venue and personal jurisdiction in the courts located in Toronto, Ontario.

SECTION 22 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

SECTION 23 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at freshlydicedhotsauce@gmail.com.

Our contact information is posted below: Freshly Diced freshlydicedhotsauce@gmail.com