Legal notice
TERMS AND CONDITIONS OF PURCHASE
These Terms and Conditions of Purchase (these "Purchase T&C") govern all purchases and orders for Purely Golden Foods LLC's ("PGF", "we", or "us") pet products ("Products"), including Product orders, subscriptions, shipping, payments, and refunds. These Purchase T&C govern orders placed on PGF's website at www.purelygoldenfoods.com (the "Website").
These Purchase T&C are a legally binding agreement between you ("you" or "Customer") and PGF. If you do not accept these Purchase T&C you cannot order, purchase, or use the Products.
BY PLACING AN ORDER FOR ANY PRODUCTS, YOU ACCEPT AND AGREE TO THESE PURCHASE T&C, WHICH INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT FOR QUALIFYING SMALL CLAIMS, DISPUTES WILL BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT.
These Purchase T&C are an integral part of the Website Terms of Use located at www.purelygoldenfoods.com/terms-of-service that apply generally to the use of the Website. You should also carefully review our Privacy Policy located at www.purelygoldenfoods.com/privacy-policy before submitting any personal or contact information to or through the Website.
The latest version of these Purchase T&C will be posted on the Website, and you should review these Purchase T&C before purchasing any products or services that are available through the Website. Changes to these Purchase T&C apply prospectively only, to orders placed after the effective date, and for existing subscriptions only after notice and as permitted by law.
1. Orders; Pricing
Among other Products, Purely Golden Foods provides fresh, gently cooked meals for dogs, portioned and shipped based on each dog's profile. You provide us with your dog's profile information when you place an order and are responsible for keeping it updated.
Orders may be placed as:
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A one-time purchase (a "Single Order")
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A recurring order by personalized subscription (a "Subscription Order")
Order Acceptance.
Your order must be accepted by us to be binding. We reserve the right to reject any order. Your order is an offer to buy the Products listed in the order, which offer is irrevocable until you send written cancellation notice to hello@purelygoldenfoods.com. Upon acceptance of your order, we will send you a confirmation and acceptance email with your order information and details of the items you have ordered. Your order is not confirmed and accepted until you receive that email. We reserve the right to cancel any Subscription Order in our sole discretion by notice to you.
Terms Subject to Change. All prices and other terms of purchase posted on the Website are subject to change without advance notice (except in the case of Subscription Orders as described in the Subscription Orders section below). The price charged for a Product will be the price in effect at the time the order is placed, and will be set out in your order confirmation email.
Taxes and Misc. Charges. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation email.
2. First Box Confidence Guarantee
We stand behind the quality and formulation of our meals and offer refunds as described in these Purchase T&C.
If PGF is not the right fit for your dog, we will refund your first order in full (not including shipping costs). To request a refund, you must:
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Contact us within 7 days of delivery by emailing us at hello@purelygoldenfoods.com.
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Provide brief feedback so our team can best understand how your dog responded to the Product, and help improve our Products.
First Order refund (a) applies to first order only per household at the shipping address used; and (b) does not apply to repeat purchases or later shipments under a Subscription Order. We reserve the right to limit or deny refunds if we reasonably suspect fraud, misuse or abuse of the above guarantee. All other refunds are governed by Refund section below.
3. Subscription Orders
Pricing and Other Charges: prices, shipping charges, surcharges, and taxes are shown at checkout. If we make any changes to Subscription Order pricing or other terms, we will notify you before the next Scheduled Processing Date (defined below). For clarity, Subscription Orders do not guaranty fixed pricing, but rather provide for automatic configuration and shipment (as described below) of Products, personalized based on your dog's profile. PGF may change subscription pricing on a prospective basis upon email notice to you before the next Scheduled Processing Date, and you will have the opportunity to cancel your Subscription Order.
Authorization of Recurring Billing. By placing a Subscription Order, you authorize PGF to charge the payment method on file on a recurring basis for the Products selected, together with applicable taxes, shipping charges, surcharges, and any other charges disclosed at checkout.
Scheduled Processing Date. For purposes of your Subscription Order, the "Scheduled Processing Date" means the date and time identified in your account, order reminder, or renewal notice by which your next Subscription Order will be processed for billing and fulfillment.
Shipment Schedule. You select the quantity of Products to be shipped when you subscribe. Subscription Orders are scheduled to ship weekly on the day shown at checkout and in your account on the Website. Subscription orders are shipped on a weekly cadence. Delivery windows are estimated, not guaranteed Customer is responsible for accurate shipping address, delivery instructions, and access to the delivery location.
Modifications. You may skip a shipment, pause delivery, or update your dog profile, shipping information, or order quantity through your account or by contacting PGF at hello@purelygoldenfoods.com. Any such change must be completed no later than 48 hours before the Scheduled Processing Date for the affected shipment. Changes requested after that cutoff will apply to the following shipment.
We will notify you in advance by email if we modify Product recipes or ingredients, packaging, shipment dates, shipping methods, or delivery windows, and you will have the opportunity to cancel your Subscription Order.
Cancellations. You may cancel your Subscription Order at any time through your account on the Website or by emailing hello@purelygoldenfoods.com. Cancellation must be completed no later than 48 hours before the Scheduled Processing Date. If you request cancellation after that cutoff, the next order may still be processed and billed, and the cancellation will apply to future shipments only. Orders that have already been processed or shipped cannot be canceled. We reserve the right to cancel any Subscription Order upon notice to you.
Failed Payments. If any subscription charge is declined, reversed, returned, or otherwise fails, PGF will notify you by email and, at its option, retry the payment method, suspend or delay shipment, pause or cancel the subscription, change the shipment date, require an alternate payment method, or cancel the applicable order, in each case without liability to PGF unless otherwise required by law.
Consent and Notices. By placing in a Subscription Order, you acknowledge that the subscription will continue until canceled and that recurring charges will be made using the payment method on file unless and until you cancel in accordance with these Purchase T&C. You are responsible for maintaining accurate payment, contact, shipping, and dog profile information in your account.
4. Shipping & Delivery
Shipping. We will arrange for shipment of the Products to you based on the delivery option you select. You will pay all shipping and handling charges specified during the ordering process.
Title to the Products passes to Customer upon delivery. Risk of loss for the Products passes to Customer upon confirmed delivery by the carrier to the shipping address provided by Customer, except that risk of loss for Products that are materially nonconforming, damaged, or spoiled at the time of delivery remain subject to the refund section below, and applicable law. Shipping dates are estimates only and are not guaranteed.
Perishable Product Disclaimer. PGF meals are frozen and temperature-sensitive. You responsible for (a) ensuring someone is available to receive delivery; and (b) prompt refrigeration upon arrival.
Delivery Issues. If there are problems with your delivery: you must contact us within 24 hours of delivery and we will evaluate and offer, at our discretion, replacement Products, a credit towards your next payment, or a refund.
PGF is not responsible for failed or delayed delivery caused by incorrect address, carrier delays, weather, acts outside PGF's control, porch theft after confirmed delivery, or the Customer's failure to retrieve and store the order promptly.
5. Refunds & Returns
No Returns. Due to the perishable nature of our Product we do not accept returns.
Refunds.
Refunds or credits may be issued, at our sole discretion, in cases of Product quality problems, or failed or incorrect delivery.
You must contact us within 7 days after delivery to request a refund by emailing us at hello@purelygoldenfoods.com
PGF may, at its option, replace the affected item, issue store credit, or refund the affected portion of the order.
For refunds relating to spoilage, thawing, damage in transit, or other quality concerns, include photos of the packaging and affected Product contents.
6. Product Use & Disclaimer
Our meals are formulated for adult dogs (age 1 and above). Individual outcomes vary and PGF does not guarantee any particular health, weight, digestive, or behavioral result.
While designed with nutritional rigor, PGF Products are not intended to diagnose, treat, or cure medical conditions. Products are not medicinal or pharmaceutical. For dogs with specific medical needs you should consult with your veterinarian.
You are responsible for reviewing ingredients and suitability for your dog, disclosing allergies and sensitivities in the dog's profile, and consulting a veterinarian before use if the dog has medical conditions, allergies, or special dietary needs.
7. Payment Authorization; Chargebacks
You represent and warrant that (i) the payment card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment card for your order, (iii) charges incurred by you will be honored by your payment card issuer, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
To the maximum extent permitted under law, you agree to review all order confirmations and billing statements promptly and to contact PGF at hello@purelygoldenfoods.com before initiating any chargeback, payment dispute, or reversal request so the parties may attempt to resolve the issue in good faith.
Except as above, nothing in these Purchase T&C limits Customer's right to dispute unauthorized charges, billing errors, or other good-faith claims through Customer's card issuer or financial institution.
If Customer initiates a chargeback or payment dispute, PGF may suspend fulfillment of pending orders and any subscription or account benefits while the matter is under review. If a chargeback is resolved in PGF's favor, PGF may recover any unpaid amounts actually owed and may require payment by an alternate method before accepting future orders. PGF reserves the right to cancel or refuse future orders from accounts associated with repeated unsupported or abusive chargeback activity, to the extent permitted by law.
8. Service Area
PGF currently serves select regions, as indicated on the Website. We reserve the right to limit or decline orders outside our active delivery zones.
9. Contact
For any issues or questions, please email hello@purelygoldenfoods.com and our team will do our best to respond promptly.
10. Dispute Resolution and Binding Arbitration
Any and all disputes arising out of or in connection with these Purchase T&C, and your purchases, orders, subscriptions, payments, refunds, shipping, and use of Products, shall be governed by and construed according to the laws of the State of Massachusetts without regard to its conflict of laws principles.
YOU AND PGF AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE, OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND PGF ARISING FROM OR RELATING IN ANY WAY TO THESE PURCHASE T&C, AND ALL PURCHASES, ORDERS, SUBSCRIPTIONS, PAYMENTS, REFUNDS, SHIPPING, AND USE OF PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Either you or PGF may bring an individual claim in small claims court if the claim qualifies. The arbitration or small-claims court proceeding will be limited solely to the applicable individual dispute or controversy.
Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Consumer Rules") then in effect, except as modified by this arbitration section. (The AAA Consumer Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Dispute Resolution and Binding Arbitration section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this Dispute Resolution and Binding Arbitration section, including any unconscionability challenge, or any other challenge that this section, or these Purchase T&C, are void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Arbitration Fees: Payment of arbitration filing, administration, and arbitrator fees will be governed by the AAA Consumer Rules and applicable AAA fee schedule. If you initiate a consumer arbitration, you will pay no more than the consumer filing fee permitted by the AAA Consumer Rules, subject to any available fee waiver. PGF will pay the remaining AAA administrative fees and arbitrator compensation, except to the extent a final award reallocates costs as permitted by applicable law.
Each party will bear its own attorneys' fees except to the extent an award by the arbitrator of reasonable attorneys' fees is permitted by applicable law.
You agree to arbitration on an individual basis. In any dispute, YOU AND PGF WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PURCHASERS AND USERS OF THE PRODUCTS, IN COURT OR IN ARBITRATION, OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, TO THE EXTENT SUCH WAIVER IS PERMITTED BY APPLICABLE LAW. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Nothing in this Purchase T&C prevents either party from asking a court of competent jurisdiction for temporary or preliminary injunctive relief in aid of arbitration, to compel arbitration, or to confirm, vacate, or enforce an arbitration award. Nothing in this Dispute Resolution and Binding Arbitration section waives any right or remedy that cannot lawfully be waived, including any right to injunctive relief, statutory damages, multiple damages, or attorney's fees where available under applicable law. Nothing in this section limits any pre-suit notice, demand, or settlement procedure required by applicable law. Nothing in this section limits either party's right to bring a qualifying claim in small claims court.
If the AAA declines to administer the arbitration, either party may bring the dispute in the state or federal courts located in Suffolk County, Massachusetts, and each party consents to personal jurisdiction and venue in those courts, except to the extent applicable law requires otherwise. Nothing in this section limits either party's right to seek relief in another forum where required by applicable law.
If any provision of this Dispute Resolution and Binding Arbitration section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration Purchase T&C will be enforced.
10. Email Notifications and Messages
You hereby consent to receiving email communications we may send you for our administrative and operational purposes regarding orders, delivery, billing, and subscription notices. You may opt out of marketing or promotional emails while still receiving administrative and operational notifications.
11. Force Majeure
PGF will not be liable for any delay, failure to perform, suspension of performance, or cancellation of any order or shipment to the extent caused by events beyond PGF's reasonable control, including acts of God; fire; flood; extreme weather; natural disaster; epidemic or pandemic; public health event; war; terrorism; civil unrest; labor shortage, strike, or work stoppage; utility outage; internet or platform outage; freezer, refrigeration, packaging, or equipment failure; interruption or shortage of ingredients, dry ice, packaging, or other supplies; carrier delay, carrier capacity constraints, or transportation disruption; governmental action, law, regulation, embargo, recall, quarantine, or order; or any other similar event or condition beyond PGF's reasonable control (each, a "Force Majeure Event").
During a Force Majeure Event, PGF may, in its sole discretion and without liability, delay or suspend shipments or allocate available inventory among customers. PGF will use commercially reasonable efforts to resume performance when practicable. If PGF cancels an order or the affected portion of an order due to a Force Majeure Event, the customer's sole remedy will be a refund of any amount actually paid for the unfulfilled portion of the order. A Force Majeure Event does not excuse the customer's payment obligations for products already delivered.
12. General
Assignment. You may not assign any of your rights or delegate any of your obligations under these Purchase T&C. Any purported assignment or delegation is null and void.
No Waivers. Failure by PGF to enforce any right or provision of these Purchase T&C will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of PGF.
No Third-Party Beneficiaries. These Purchase T&C do not and are not intended to confer any rights or remedies upon any person other than you in your capacity of a purchaser of Products and PGF.
Notices
To You: We may provide any notice to you under these Purchase T&C by: (i) sending an email message to the email address you provide, or (ii) by posting to the Website. Notices sent by email will be effective when we send the email, and notices we posted on the Website will be effective upon posting. It is your responsibility to keep your email address current.
To PGF: Notices to us under these Purchase T&C must be by email to hello@purelygoldenfoods.com. We may update the email address or address for notices to us by posting a notice on the Website. Notices sent by email will be effective when we confirm receipt of the email.
Severability
If any provision of these Purchase T&C is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Purchase T&C and will not affect the validity or enforceability of the remaining provisions of these Purchase T&C.
Entire Agreement
These Purchase T&C, our Website Terms of Use, and our Privacy Policy are the final and integrated agreement between you and us on the matters contained in these Purchase T&C.