ALL ORDERS PLACED AFTER OCT 1, CANNOT BE GUARANTEED FOR HALLOWEEN DELIVERY

Terms and Conditions


SNAKS WILL BE CLOSED FROM AUGUST 23 - SEPT 5TH FOR OUR ANNUAL "EMPLOYEE SUMMER VACAY." PRODUCTION & SHIPPING FOR ALL ORDERS WILL RESUME SEPTEMBER 6TH.

TERMS OF SERVICE

NO REFUNDS. NO RETURNS. 

PRODUCTION & FULFILLMENT TIMES:

Due to overwhelming order volume, ALL ORDERS (EXCEPT CAKES) REQUIRE 15 BUSINESS DAYS (MANDATORY) BEFORE SHIPPING. If item(s) are completed prior to 15 business days, items will be shipped immediately to customer.

CAKES REQUIRE 2-3 DAYS BEFORE SHIPPING. THIS DOES NOT INCLUDING WEEKENDS OR HOLIDAYS. Weekends and Holidays we are closed

ANY ORDERS PLACED AFTER 1PM (OR ON WEEKENDS and/or HOLIDAYS) WILL BE PROCESSED THE FOLLOWING BUSINESS DAY.

Business Days & Days of Operation: Monday, Tuesday, Wednesday, Thursday, Friday.

Business Hours & Hours of Operation: 8:00am EST - 4:00pm EST

REFUND TERMS:

*STORE CREDIT ONLY!!! NO refunds! NO returns! On ANY products or products melted in transit (regardless of delivery method selected)

For the health and safety of our customers, no returns or exchanges on consumable food/candy products.

Order cancelations must be submitted no later than 24hrs from the time the order was originally placed in order to get a full store credit. Any cancellations AFTER 24hrs from the time your order is placed, will encounter a production charge/cancelation fee of 10% the cost of the order total .

Refund requests for any orders AFTER a product has begun production will encounter an additional fee. Only store credit in the form of a E-Gift Card can be given.

EXCHANGE TERMS:

*STORE CREDIT ONLY!!! NO refunds! NO returns! On ANY products or products melted in transit (regardless of delivery method selected)*For the health and safety of our customers, no returns or exchanges on consumable food/candy products.

Because we can't ensure our #Snakaholics will be issued the style/size they desire by the time their returned items come back to the distribution center, we are unable to accommodate exchanges by mail. We will issue you a store credit via an E-Gift Card once we've received your return. That way, you may use the E-Gift Card towards the correct item/size or for another item. 

CANCELATIONS:

Order cancelations must be submitted no later than 24hrs from the time the order was originally placed in order to get a full store credit. Any cancellations AFTER 24hrs from the time your order is placed, will encounter a production charge/cancelation fee of 10% the cost of the order total .

Refund requests for any orders AFTER a product has begun production will encounter an additional fee. Only store credit in the form of a E-Gift Card can be given.

EXCHANGES & REPORTED ISSUES

You have 24 hours from the time you receive your item to report any issues. Please be sure to submit photos with your email so that we can file your claim appropriately. Any reported issues after 24hrs from the time you receive your order will not be valid. ONLY Store Credit in the form of an E-Gift Card will be given.

During an exchange the customer will be responsible to cover any additional shipping costs.

SNAKS APPAREL & SADDLE PADS

Returned items must be unworn and unwashed (free of any stains from makeup, deodorant, or wear) with all Snaks 5th Avenchew and product tags/labels attached. For Saddle Pads and any horse-wear, Returned Items must be unused and unwashed (free of any stains, hair, dirt, slobber, sprays or wear) with all Snaks 5th Avenchew and product tags/labels attached.

Defective items must be reported within 2 days of receipt for consideration. If not reported, we will not be able to review for a possible issue of store credit. If you believe you have received an incorrect item, please contact us within 24 hours of receiving your package.

 We recommend shipping packages back using USPS Flat Rate shipping with a tracking number, as we are not responsible for lost packages or stolen packages. Without proof of receipt and delivery, Snaks 5th Avenchew will not issue store credit. 

*RESERVED RIGHTS REGARDING RETURNS 

Snaks 5th Avenchew reserves the right to solely define and limit, refuse, and/or reject returns or service from customers at any time due to:

  • An irregular or excessive returns history indicative of “wardrobing” for horse or rider.
  • An irregular or excessive returns history involving worn, altered, laundered, damaged, or missing items; or,
  • Potential fraudulent or criminal activity.

Similarly, Snaks 5th Avenchew reserves the right to refuse service (both in-booth and online) to any customer or entity, due to similar actions as noted above. 

Non-Snaks 5th Avenchew items sent to our distribution center will be discarded upon receipt.

BREAKAGE REPORTS & EXCESSIVE CLAIMS

Our Customer Protection Team also handles situations in which a #Snakaholics return history may be indicative of fraudulent activity or purposeful damaging. In these situations, the Customer Protection Team will reach out to discuss the situation and work with you to either resolve the issue or determine if we need to refuse service going forward. While we never want to reject a #Snakholic, we must ensure the safety, welfare, and comfort of all #Snakaholics and their fur-babies across the globe. 

RETURN BY MAIL

Please contact Snaks 5th Avenchew immediately for your Return Form. Print and fill out our return slip or include your original packing slip with the item(s) being returned. Please note that without including your order number on the returns slip or with your returned item(s) there may be a delay in processing your E-Gift Card Store Credit return.

Pack your item(s) securely in the original product packaging, if possible. All items must be returned in original condition (including all paperwork, packaging, and accessories) with tags attached. All items must be unworn (by horse and/or rider, unaltered and unwashed. We do not accept returns on edible items, PopSockets, Subscriptions, Swimwear, Phone Cases, Socks or final sale items (those items ending in $.96, $.97, $.98 or $.99).

All return shipping charges must be prepaid. We do not accept COD deliveries; they will be rejected. We recommend sending your return via USPS Flat Rate with a tracking number and insurance, as we are not responsible for lost or stolen packages. 

Send your package to:

Snaks 5th Avenchew
7129 N Miami Ave
Miami, FL 33150

CREDIT

Store credit via E-Gift Card for your returned item(s) will be processed once they are received at our distribution center. Please allow 5-7 days to process your return once it is received into our distribution center. Your E-gift card covers the original purchase price and tax if applicable. Snaks 5th Avenchew does not credit original shipping charges.

STALE RETURNS

Snaks 5th Avenchew requires items to be returned within 15 days of original receipt. Returns received in our distribution center or in-booth retail locations after 15 days are considered stale returns. Stale returns by mail are subject to being rejected and returned the sender. Alternatively, if the cost returning the item to your attention exceeds the then current value of the item, Snaks 5th Avenchew will apply a 50% restocking fee to the item(s) when processed in our distribution center. An E-Gift Card for the remaining balance will be issued following our normal returns process.

Stale returns or any returns in our Horse Show in-booth retail locations are prohibited.

SUBSCRIPTIONS

*Any and all SnakBox subscriptions are sent out the 15th of each month. Should the 15th of any month fall on a weekend or holiday, the subscription will ship out the following business day. To be eligible for any subscription, orders must be placed on or before the 5th of each month. Subscriptions cannot be returned.

SHELF LIFE

Because our Snaks are made without any preservatives, if stored properly in a cool dry place, our Snaks can last from six months to one year. Snaks 5th Avenchew is not responsible for items that are not used within this time-frame

DAMAGED ITEMS

 

*YOU HAVE 24HRS FROM THE TIME YOUR PACKAGE IS DELIVERED TO REPORT ANY DAMAGE VIA EMAIL (info@snaks5thavenchew.com). Please enter CLAIMS/DAMAGE along with your order number in the subject line. This email MUST include a photo of your damaged product for our Claims Dept to review. Final decisions will be up to Snaks 5th Avenchew LLC Management. If a replacement is granted, customer may endure additional shipping fees. 

OVERVIEW

This website is operated by Snaks 5th Avenchew. Throughout the site, the terms “we”, “us” and “our” refer to Snaks 5th Avenchew. Snaks 5th Avenchew offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over 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, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Snaks 5th Avenchew, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Snaks 5th Avenchew and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - 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, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - 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.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - 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 1401 Hudson Street Hoboken New Jersey US 07030.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@snaks5thavenchew.com.