TERMS OF SERVICE

OVERVIEW

This website is operated by Mill Pepper Co. (“Mill Pepper,” “we,” “us,” or “our”). Mill Pepper provides this website, including all information, features, products, and services available through it (collectively, the “Service”), subject to these Terms of Service (“Terms”).

By accessing or using the Service, creating an account, or purchasing a product from us, you agree to these Terms and to the policies incorporated into them by reference, including our Privacy Policy and Refund Policy.

If you do not agree to these Terms, you should not use the Service.

Our online store is hosted by Shopify Inc. Shopify provides the e-commerce platform that enables us to offer and sell our products.

1 — ELIGIBILITY AND USE OF THE SERVICE

You must be at least 18 years old, or the age of majority where you live, to make purchases through the Service.

You may not use the Service or our products for any unlawful, fraudulent, or unauthorized purpose or in violation of applicable law.

You may not transmit viruses, malicious code, or other technology intended to damage, disrupt, or gain unauthorized access to the Service or any other system.

We may restrict or terminate access to the Service for material violations of these Terms.

2 — ORDERS

Placing an order constitutes an offer to purchase the products identified in your order. An order confirmation acknowledges that we received your order but does not necessarily constitute acceptance.

We reserve the right, to the extent permitted by law, to refuse, limit, or cancel an order because of product availability, suspected fraud, pricing or description errors, shipping restrictions, unusual order quantities, or other reasonable business considerations.

If we cancel an order after payment has been collected, we will refund the applicable amount.

You agree to provide accurate and complete billing, shipping, payment, and contact information.

We may limit orders that reasonably appear to be intended for unauthorized resale or distribution. Wholesale purchases may be subject to separate terms.

3 — PRODUCTS

We make reasonable efforts to accurately describe and display our products.

Pepper, spices, and other agricultural products are naturally variable. Appearance, color, aroma, flavor, heat level, texture, size, and other characteristics may vary between harvests and batches.

Product photographs are illustrative and may not exactly represent the product you receive. Device displays may also affect how colors appear.

Product descriptions, packaging, origin information, availability, specifications, and pricing may change from time to time.

We may limit quantities or discontinue products at any time.

Nothing in these Terms limits any warranty or consumer right that cannot legally be waived.

4 — FOOD PRODUCTS AND ALLERGEN INFORMATION

Our food products are intended for ordinary culinary use.

Always review the ingredients, allergen declarations, warnings, storage instructions, and other information printed on the packaging of the product you actually receive before consuming or serving it.

Product formulations, suppliers, facilities, and packaging may change. If information on our website appears inconsistent with the product label, please contact us before consuming the product.

Individuals with food allergies, sensitivities, or dietary restrictions are responsible for reviewing applicable product labeling before consumption.

Recipes, articles, ingredient information, serving suggestions, and other content on our website are provided for culinary and informational purposes only and are not medical, nutritional, or health-care advice.

5 — PRICES, TAXES AND PAYMENT

Prices are displayed in the currency shown on the Service and may change without notice.

The price applicable to an order will generally be the price shown when the order is submitted, except in the case of an obvious pricing or technical error.

Applicable taxes and shipping charges will be displayed at or before checkout where required.

For international orders, customs duties, import taxes, brokerage charges, or similar charges may apply. Unless expressly stated otherwise at checkout, these charges are the responsibility of the recipient.

You represent that you are authorized to use any payment method submitted with an order.

6 — SHIPPING AND DELIVERY

Shipping and delivery dates are estimates unless expressly stated otherwise.

Delivery may be affected by carriers, weather, customs, incorrect addresses, supply-chain interruptions, or circumstances outside our reasonable control.

You are responsible for providing a complete and accurate shipping address.

If your order arrives damaged, incorrect, or appears to have been compromised during shipment, please contact us in accordance with our Refund Policy.

Nothing in this section limits rights available to you under applicable law.

7 — RETURNS, REFUNDS AND REPLACEMENTS

Returns, refunds, replacements, damaged shipments, and cancellations are governed by our Refund Policy, which is incorporated into these Terms.

Because the products we sell are primarily food products, we generally cannot accept returns or exchanges for change of mind after food has shipped.

This does not limit any rights or remedies you may have for products that are damaged, defective, incorrectly supplied, materially misdescribed, or otherwise subject to a remedy under applicable law.

8 — SUBSCRIPTIONS AND AUTOMATIC RENEWALS

If Mill Pepper offers subscriptions, recurring shipments, clubs, memberships, or other automatically renewing services, the applicable price, billing frequency, renewal terms, cancellation terms, and any minimum commitment will be disclosed before enrollment.

By affirmatively agreeing to an automatic-renewal or continuous-service offer, you authorize us or our payment provider to charge your selected payment method at the disclosed intervals until the subscription is canceled or otherwise ends.

Where required by law, we will:

• obtain your affirmative consent before charging you;

• provide a confirmation containing the subscription and cancellation terms;

• provide applicable renewal, trial, promotional-price, and price-change notices;

• provide required annual reminders;

• maintain records of consent; and

• provide an easy-to-use method of cancellation.

If you subscribe online, you will be able to cancel the subscription online without unnecessary obstruction or delay.

Cancellation prevents future renewal charges but does not automatically create a refund for a charge or shipment already properly processed, except as provided in our Refund Policy or required by law.

9 — ACCOUNTS

You may be able to create a customer account.

You are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account, except to the extent caused by our acts or omissions.

Please notify us promptly if you believe your account has been accessed without authorization.

10 — PROMOTIONS AND DISCOUNTS

Promotions, discount codes, giveaways, gifts with purchase, or other special offers may be subject to additional terms disclosed with the offer.

Unless otherwise stated, promotional offers may not be combined, have no cash value, and may be modified or discontinued prospectively where permitted by law.

11 — INTELLECTUAL PROPERTY

The Service and its content, including the Mill Pepper name, trademarks, logos, photographs, graphics, packaging imagery, designs, recipes, editorial material, text, videos, and software, are owned by or licensed to Mill Pepper and are protected by applicable intellectual-property laws.

You may use the Service for personal, non-commercial purposes.

Except with our written permission or as otherwise permitted by law, you may not reproduce, distribute, publish, modify, sell, license, commercially exploit, or create derivative works from our content.

12 — REVIEWS, FEEDBACK AND SUBMISSIONS

If you submit reviews, photographs, comments, recipes, suggestions, feedback, or other materials to us, you represent that you have the right to provide them and that they do not violate applicable law or another person's rights.

You retain ownership of your submissions.

When you submit content for publication or promotional use, you grant Mill Pepper a non-exclusive, worldwide, royalty-free license to reproduce, display, adapt, distribute, and use that content in connection with Mill Pepper and its products, subject to applicable privacy and publicity laws.

We may remove content that we reasonably believe is fraudulent, unlawful, infringing, abusive, misleading, or otherwise inappropriate.

13 — PROHIBITED USES

You may not use the Service:

• for unlawful or fraudulent activity;

• to violate intellectual-property, privacy, publicity, or other legal rights;

• to impersonate another person;

• to provide materially false or misleading information;

• to transmit malicious software;

• to interfere with the security or operation of the Service;

• to gain unauthorized access to systems or accounts;

• to unlawfully collect information about others;

• to spam, phish, or engage in abusive automated activity; or

• to circumvent security or technical restrictions.

14 — THIRD-PARTY SERVICES

The Service may integrate with or link to third-party services, including Shopify, payment processors, shipping providers, social-media platforms, and other technology providers.

Third parties operate independently and may have their own terms and privacy policies.

We are not responsible for third-party websites, services, content, or practices except to the extent liability cannot lawfully be excluded.

15 — PRIVACY

Our collection, use, and disclosure of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference.

16 — MARKETING COMMUNICATIONS

If you elect to receive promotional email or text communications, those communications will be subject to the consent and opt-out mechanisms provided when you enroll and to applicable law.

You may unsubscribe from marketing communications using the mechanism provided in the applicable message.

We may continue sending transactional communications relating to orders, deliveries, accounts, or customer-service matters.

17 — ERRORS AND CORRECTIONS

The Service may occasionally contain typographical errors, inaccurate information, omissions, or technical errors relating to products, prices, promotions, shipping charges, availability, or other matters.

We may correct these errors and, where permitted by law, cancel an affected order.

If we cancel a paid order because of an error, we will refund the applicable amount.

18 — AVAILABILITY OF THE SERVICE

We do not guarantee that the website or any feature will always be available, uninterrupted, secure, or error-free.

We may modify, suspend, or discontinue features of the Service from time to time.

19 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the website and its informational content are provided on an “as available” basis.

We do not warrant that the website will be uninterrupted or error-free or that all website information will always be current.

Nothing in these Terms excludes warranties, remedies, guarantees, or consumer protections that cannot lawfully be excluded.

20 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, MILL PEPPER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, INCLUDING LIABILITY ARISING FROM FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR OTHER MATTERS FOR WHICH LIMITATION IS PROHIBITED BY LAW.

Nothing in these Terms limits non-waivable consumer rights.

21 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Mill Pepper and its officers, directors, employees, affiliates, and agents from third-party claims arising directly from your unlawful use of the Service, material breach of these Terms, infringement of another person's rights through content you submit, or intentional misuse of our systems.

This provision does not require you to indemnify Mill Pepper for Mill Pepper's own unlawful conduct, negligence, defective products, or breach of its obligations to you.

22 — FORCE MAJEURE

We will not be responsible for delay or failure caused by events beyond our reasonable control, including severe weather, natural disasters, fires, labor disruptions, transportation interruptions, governmental action, customs delays, carrier failures, power or telecommunications failures, or supply-chain interruptions.

This provision does not eliminate any refund, replacement, cancellation, or other right required by law.

23 — TERMINATION

You may stop using the Service at any time.

We may suspend or terminate access where you materially violate these Terms, use the Service unlawfully or fraudulently, or create a material security risk.

Provisions that by their nature should survive termination will continue to apply.

24 — GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where another jurisdiction's mandatory consumer protections apply and cannot lawfully be waived.

Nothing in these Terms deprives a consumer of rights or remedies that cannot be waived by contract.

Any legal proceeding that may lawfully be subject to a contractual venue provision shall be brought in a court of competent jurisdiction in California unless applicable law provides otherwise.

25 — CALIFORNIA CONSUMER NOTICE

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs regarding unresolved consumer complaints:

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Suite N-112
Sacramento, California 95834
Telephone: 800-952-5210

We encourage you to contact Mill Pepper first so that we have an opportunity to address your concern.

26 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted by law and severed where necessary.

The remaining provisions will continue in effect.

27 — ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund Policy, and any additional terms applicable to a particular product, promotion, or subscription, constitute the agreement between you and Mill Pepper concerning the Service.

28 — CHANGES TO THESE TERMS

We may revise these Terms from time to time by posting the revised version on our website.

Changes will generally apply prospectively. Where law requires advance notice, affirmative consent, or another procedure for a material change, we will follow those requirements.

29 — CONTACT

Questions regarding these Terms may be sent to:

Mill Pepper Co.
Email: info@millpepper.com