Contact us: (888) 88-MERRY | Email us: missmerry@merrycrate.com

about-us    merry-makers           login  register  blog contact        sell-on-merry-cratecart0shop-now

Terms and Conditions

Merry Crate LLC, Terms and Conditions

Welcome to Merry Crate ™

In using this website you are deemed to have read and agreed to the following terms and conditions same that constitute an Agreement between you and us as defined below. Please read them carefully before using any part of this site.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Merry Crate” “The Company”, “Ourselves”, “We” and “Us”, refers to Merry Crate, LLC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

This website and its contents, including all the intellectual property is owned solely and exclusively by Merry Crate, LLC and each visitor to the website agrees to these Terms and Conditions (“Terms and Conditions”) in their entirety, when they: (i) access or use the website; (ii) access and/or view any of the video, audio, stories, testimonials, texts, pictures, graphics, artwork and in general any other content featured on the site (collectively referred to as “Content”); (iii) sign up to receive the Merry Crate ™ food delivery service, which includes processing and delivery of orders (the Merry Crate Services); (iv) access links to any Social Media pages; (v) in any other manner have uses the Merry Crate Services.

The Terms and Conditions are inclusive of the Merry Crate ™ Privacy Policy (“The Privacy Policy”), as well as any other applicable Merry Crate ™ operating rules, policies, prices, information, amendments to the terms and conditions, or documents that may be published from time to time which are expressly incorporated herein or may be incorporated in the future do constitute an Agreement between you and Merry Crate, LLC. Therefore, by using or simply accessing our website you fully agree to comply with and be bound by the Agreement in its entirety. Please review very carefully the terms of the agreement and if you agree with them, you will be entitled to use the Merry Crate Services, otherwise you are not allowed to use any of the Merry Crate Services, offers, coupons, etc.

Merry Crate, LLC reserves the right to change the terms, conditions of the Agreement at its sole discretion at any time. Such amendments will be in force as soon as they are published in this website. Your continued use of the Merry Crate Service or your visit to the website constitutes your acknowledgment of the modified Terms and Conditions as well as your agreement to such amendments, otherwise you will not use our Service.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you would like to link our website please feel free to contact us at missmerry@merrycrate.com  and we will be happy to discuss it with you.

Links from this website

The Merry Crate’s website may contain links to other websites, however we do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy, practices, or content of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Merry Crate will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Merry Crate Service

Orders placement and delivery

Merry Crate is as a broker that provides its technological platform to its Merry Makers to commercialize their products through its Site and App. The items that you order are being sold by the Merry Makers through our Site or App.

The Merry Makers are certified to produce and sell products that are manufactured with selected ingredients on daily basis in order to provide to the consumers with healthy, natural, and organic fresh products.

You can place your order anytime through the Site or Merry Crate’s App. If you place an order after 5:00 PM Central Time, your order will be processed until the next day. Once your order has been placed, you will receive an approximate delivery/pickup time. Delivery/pickup time may vary depending on every item.

You can also place an order to be delivered/pickup in any schedule available, however, once your order is processed it cannot be cancelled or modified. In any case we will track your order and will let you know the estimate time of delivery/pickup.

At Merry Crate we believe in offering the best quality products. Although our goal is to fulfill 100 % of each order, given the perishable / seasonable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to qualify that is below our standards. At times, when we have an item that is very similar to the item you ordered, you will have the option to select a similar one from another Merry Maker.

The Merry Maker will be responsible to package meats, poultry and sea food with packages fully adapted to maintain these items fresh for 2 hours, however after that time, it will be your solely responsible if the items remain in the packages and get in bad conditions. Merry Crate does not package any of the products produced by the Merry Makers. Once the products have been delivered to your domicile, Merry Crate will not be responsible for any damage to your order caused for any reason including robbing, weather conditions or any other circumstance that can alter, modify or damage the products. Therefore, in the case of delivery or ship, is your responsibility to have an adult person (18 years or older) in the domicile to receive your order and place it in the adequate conditions for its consumption.

Please note that due to the high demand of certain products, we reserve the right to limit your order or the quantity of a particular product that you may order.

Products are solely at your risk from the time of delivery/pickup. You are solely responsible for the proper and safe washing preparation, storage, and cooking of the meals and products following delivery/pickup.

The use and ingest of the products contained in your order are under your own responsibility, therefore Merry Crate, will not be liable for any secondary effects due to a health condition, allergies, or any other circumstance adverse for the consumer over which Merry Crate has no control. 

Merry Crate will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare and consume are in accordance with your respective dietary needs, restrictions or health conditions. Therefore you are solely responsible for any allergies or damages that any items cause you, your family and any other person consuming the products ordered and purchased by you.

To receive delivery, you must live in a residential apartment or home, or receive permission from employer or business owner to receive shipments from a business address. Shipments may not be scheduled to business addresses for Saturday or Sunday deliveries.

It is your responsibility that you or somebody older than 18 is at home to receive your order and place the products refrigerated. If nobody is at home, your order will be delivered at the door and Merry Crate will not be responsible of any damage or losses that may be caused to the items contained in your order by any circumstance.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery/pickup schedule, which will cause us to suspend chosen delivery/pickup dates and times. If there will be a significant delay, a customer service representative or the Merry Maker may call or email you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit. If your designated location or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.

After you place your order paying with any of the methods provided in the Site, you will receive a text message and/or email providing you the information about the status of your order until the delivery. Charges of your telephone supplier may apply.

You expressly agree that use of the Merry Crate Service, the site and the internet is entirely at your own risk. The Merry Crate Service, the site and its contents are provided on “as is” , “as available” basis, to the extent permitted by applicable law, Merry Crate disclaims all representations  warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to the Merry Crate Service, the site, or its contents with respect to any information, services, and products provided through or in connection with the Merry Crate Service, Merry Crate does not adopt any representation or warranty of any manufacturer or merchant of any such information, service or products. Merry Crates makes no representations or warranties of any kind as to the availability accuracy, or content of any information, services or products obtained through the site or the Merry Crate Services. Merry Crate does not warrant that the functions provided by the site will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.

Neither Merry Crate nor any  of its Directors, employees, shareholders, affiliates, agents, representatives, third party information providers, merchants, or licensors shall be liable for any damages of any kind including without limitation, compensatory, direct, indirect, special, incidental, consequential or punitive damages, loss of data, income or profit, or loss or damage to property, arising out of or in connection with the use of the inability to use the site. The Merry Crate Service or the internet. Merry Crate’s liability shall be limited to providing you with a refund for any product that is returned, your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Merry Crate Service and to terminate the agreement. Merry Crate reserves the right to limit your order or the quantity of a specific product you may order, because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.

The materials in the site is provided for lawful purposes only. Merry Crate operates this site for use in specific jurisdictions where it provides its services and makes no representation that these materials are appropriate or available for use in other locations. If you use the site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

You agree to defend, indemnify and hold Merry Crate harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities and expenses, including attorney’s fees and costs, arising in connection with a violation of the Agreement by you or through use of your account.

You agree to comply with all laws applicable to your activities on Merry Crate’s site and with the terms of the Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into the Agreement and perform your obligations hereunder.

You acknowledge that there are circumstances out of Merry Crate’s control to access the Merry Crate Service and you understand that the access may be temporarily limited. Merry Crate will do all its best efforts to get the accessibility to the site back.

You acknowledge that you are the only responsible to keep safe and secure your Merry Crate’s account information, therefore you acknowledge that you will be responsible for any authorized or unauthorized access to your account by any person You agree to bear all responsibility of the upkeep and maintenance of an accurate and active email address for access to the Merry Crate site and receipt of transactional or marketing email communication. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Merry Crate Service with your password. You agree to notify Merry Crate as soon as you can of any unauthorized use of your password and you will remain liable for any use of the Merry Crate Service until you notify Merry Crate.

You are responsible for and agree to pay immediately all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Merry Crate Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, email address, and if applicable, alternate receiver for your order. You can update your information in the Account area on our website or contact our Customer Service department at missmerry@merrycrate.com  Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Merry Crate, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with laws applicable to your activities associated with Merry Crate offerings and with the Agreement.

Merry Crate’s secure server encrypts your payment information so that it cannot be read as the information travels over the internet. Once we receive your payment information, it is stored in our secure data center. Merry Crate will exercise commercially reasonable efforts to ensure that your payment information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Merry Crate service. When our registration order form ask you to enter sensitive information such as credit card number, that information is encrypted and is protected with encryption software. Our site encrypts your credit card and bank account number prior to transmission over the internet using encryption technology.

Merry Crate Privacy Policy

We are committed to protecting your privacy. Authorized employees within Merry Crate on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

This Privacy Policy (“Privacy Policy”) (i) Explains the actions we have taken to secure your personal information; (ii) Describes the type of personal information we may collect; (iii) how we may use this information and (iv) how we protect this information

You agree to the terms of the terms and conditions of this Privacy Policy when (i) you access to our website; (ii) access and/or view any of the video, audio, stories, text, pictures or any other material contained in our website; (iii) sign up to place an order; (iv) access to Merry Crate social nets and (v) in general perform any activity related to the Merry Crate Service.

Personal Identification Information

We may collect personal identification information from users in a variety of ways, including, but not limited to, when users visit our site, register on the site, place an order and in general any activity performed in connection with general any activity performed in connection with Merry Crate Service.

Before using certain parts of our site, registering to enter to sweepstakes, promotions or place an order, you must complete a registration form providing certain personal information, including but not limited to name, address, phone number, email address, credit card number and information related to it, country of residence and gender. This information helps us to comply with the applicable laws, regulations but most important to provide a better service to you.

Non-personal identification information

We may collect non-personal identification information about users whenever they interact with our site. Non-personal identification information may include the browser name, internet protocol, the type of computer and technical information about users means of connection to our site, such as the operating system and the internet service providers utilized and other similar information.

Use of your information

In Merry Crate we are committed to protect your information, therefore we do not sell, trade or rent your information, remaining secure and confidential. We permanently take different actions to ensure that your order and your credit card information are safe and secure. Our servers use encrypted technology to protect this information.

We strongly recommend you to keep your Merry Crate’s account username and password safe and do not share it with third parties.

In some cases we may share your information but in any case the data will identify you personally. These cases include:

Partners, employees, suppliers, service providers, marketers, printers, delivery companies, advertisers in different media, our web host, printers, mail office, among others. We do share this information in order to provide you with the best quality service and to identify products that may be of your interest.

We may disclose the name, city and state of a sweepstake winner

In the event of a sale or merger of our Company, we may disclose your information

We may disclose your name, city and state in testimonials

In the event of an official requirement we may disclose your information in response to subpoenas, court orders or any other requirement to disclose it in order to comply with any law, rules or regulations.

Your continued use of the Merry Crate Service or your visit to the website constitutes your acknowledgment of the modified Privacy Policy as well as your agreement to such amendments, otherwise you will not use our Service.

You agree that your information will be held by Merry Crate in the United States and may also be held and accessed by Merry Crate and third parties working for Merry Crate, inside and outside the United States. If your information is gathered outside the United States, you agree that it may be transferred to Merry Crate’s United States offices to be used for these purposes, and it may be transferred to and shared with any of Merry Crate’s worldwide locations.

We do not intentionally collect personally identifiable information from children. If we become aware that we have collected personally identifiable information from a user of the Site who is a child, we will remove that child’s personal information from our files.

Web browser cookies

Our Site may use “cookies” to enhance your experience. A “cookie” is a piece of data stored on your hard drive containing information about you. Merry Crate uses cookies to identify you as a previous visitor

And to allow our systems to remember your shopping cart, and other shopping information, as you browse our site. By allowing our systems to set a cookie on your computer, you will not have to log in a password more than once per visit, thereby saving you time while on our site. Cookies can also enable us to learn your interests and enhance your experience on our site. Most web browsers automatically accept cookies, but allow you to instruct your browser to prevent the use of cookies. If you disable this feature, you may still use our site, but certain aspects of the shopping experience with Merry Crate may be impacted.

Disclaimer

Merry Crate’s employees, agents or designees will prepare the fresh products for you. After your order is ready, will be shipped, delivery or ready to pickup accordingly to the address that you specify when you place your first order. In cases of delivery or ship, you are responsible for ensuring that someone is present at the delivery address to receive for deliveries. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If Merry Crate cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive the order at the specified time, you will be assessed an additional fee.

In cases of delivery or ship, if there is no one to receive the order, the Merry Makers or the delivery service will leave at the door and in any case Merry Crate will be free of any liability that may occur in any event, such as weather conditions, animals, thieves, or any other that may affect the order.

Under your own responsibility, you may choose to receive your Merry Crate’s order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing tobacco or alcoholic products cannot be left unattended under any circumstances. You agree not to hold Merry Crate or its employees, agents or designees responsible, for any damage or theft that occurs to an unattended delivery. Merry Crate reserves the right to refuse to leave an order unattended if the Merry Crate Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.

You agree that is your own responsibility to use the products at your sole decision. They are intended to be used as indicated in the labels of each Maker, therefore, Merry Crate can provide advise only about its use. Therefore you agree that Merry Crate is free of any liability for the use that you can give to the products contained in the order

Merry Crate will not be responsible in any case if you buy a product that is not indicated for you due to any health condition or any substance, medications or any other products that you are currently using or have used in the past or will use in the future.

You expressly agree that use of the Merry Crate Service, the site and the internet is entirely at your own risk. The Merry Crate service the site and its contents are provides on an “as is” basis, “as available” basis, to the extent permitted by applicable law, Merry Crate disclaims all representations and warranties of any kind, whether express or implied, including without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to the Merry Crate Service, the site or its contents or with respect to any information services, and products provided through or in connection with the Merry Crate Service; Merry Crate does not adopt any representation or warranty of any manufacturer or merchant of any such information, service or products. Merry Crate makes no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the site or the Merry Crate Service. Merry Crate does not warrant that the functions provided by the site will be uninterrupted or error free or that this site or the server that makes it available is free from viruses or other harmful components.

Neither Merry Crate nor any of its Directors, employees, shareholders, affiliates, agents, representatives, third-party, providers, suppliers, merchants, or licensors shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages, loss of data, income, or profit/ or loss or damage to property, arising out of or in connection with the use of, or the inability to use, the site, the Merry Crate Service or the internet, Merry Crate liability shall be limited to providing you with a refund for any product that is returned, your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Merry Crate service and to terminate this agreement. Merry Crate services reserves the right to limit your order or the quantity of a specific product you may order, because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such States and jurisdictions liability is limited to the greatest extent permitted by law.

The material in the Site is provided for lawful purposes only. Merry Crates operates this site for use in specific jurisdictions where it provides its services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

Additionally, you agree to defend, indemnify, and hold Merry Crate harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities and expenses, including attorney’s fees and costs, arising in connection with a violation of the Agreement by you or through use of your account.

License and Property Rights

Copyrights Notice.

All site content, designs, texts, pictures, graphics and interfaces, the collection, selection, arrangements thereof and in general any signs, information or draws as well as the software are property of Merry Crate LLC. You are authorized hereby to view and print hard copies portions of the site with the only purpose of placing an order with Merry Crate. Any other use of materials on this site, including, distribution or reproduction for purposes other than the one mentioned before, without the prior written permission of Merry Crate is strictly prohibited. You acknowledge that Merry Crate remains the owner of such material and that you do not acquire any of those ownership or rights by downloading copyrighted material, you also understand that you do not acquire any license of such rights. Merry Crate reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Merry Crate.

Trademark Notice.

Merry Crate, all Merry Crate logos, titles, characters, names, graphics, designs, button icons are service marks, trademarks, trade dress, trade names of Merry Crate, LLC and you are not authorized to use them for any reason other than as expressly permitted by this Agreement. All other trademarks, products, services and company names appearing by through the website are the property of their respective owners and you do not acquire any ownership, license to use or rights in such marks , logos or names by using this site or the Merry Crate Service.

Dispute Resolution Provisions

This Agreement and the provisions hereof shall be treated as though they were executed and performed in Dallas, Texas and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Should a dispute arise concerning the Agreement, or any provisions hereof, or the breach of same by any party hereto: (a) each of you and Merry Crate agree to submit such dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your initial Dispute Notice. If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties. Noting herein contained shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration or pursuing this matter in small claims court rather than arbitration. Although we may have a right to an award of attorney’s fees and expenses if we prevail in arbitration we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Merry Crate and its employees, officers, directors, members, representatives, agents or assigns.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and courts costs that Merry Crate incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuit does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action

Termination/Access Restriction

Merry Crate reserves the right, in its sole discretion, to terminate your access to the Merry Crate web site and the related services of any portion thereof at any time, without notice. Use of the Merry Crate’s web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions agreement, including and without limitation to this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and Merry Crate as a result of this agreement or use of the Merry Crate website. Merry Crate’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Merry Crate’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Merry Crate website or information provided to or gathered by Merry Crate with respect to such use. If any party of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranties, disclaimer and liabilities limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Merry Crate website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Merry Crate with respect to Merry Crate website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent to the same conditions as other business documents and records originally generated and maintained in printed form.

about-us    merry-makers           login  register  blog contact        sell-on-merry-cratecart0shop-now

Contact us: (888) 88-MERRY | Email us: missmerry@merrycrate.com

 google-play  app-store

godaddy-verification