Terms and Conditions

Welcome to Realhealthyeats.com (the “site”). Please read the following terms and conditions carefully before using any aspect of the site.

The site is an internet property of Real Healthy Eats LLC. (“we,” “our” or “us”). Each end-user visitor to the site agrees to the following Real Healthy Eats terms and conditions (“terms and conditions”), in their entirety, when she/he:

  • accesses or uses the site.
  • accesses and/or views any of the video, audio, stories, text, photographs, graphics, artwork, and/or other content featured on the site (collectively, “content”).
  • signs up to receive the Real Healthy Eats food delivery service, which includes processing and delivery of orders (the “Real Healthy Eats service”).
  • accesses links to Real Healthy Eats social media pages/accounts on third party social media websites, such as Facebook®, Instagram®, Pinterest®, Twitter® and YouTube® (collectively, “Social Media Pages”).
  • utilizes the site’s many interactive features designed to facilitate interaction between the end-user, Real Healthy Eats and other site users including, but not limited to, blogs and associated comment sections located in designated areas of the site (collectively, the “interactive services” and together with the site, content. Real Healthy Eats operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “agreement”).

If you have any questions about the Agreement or the Site, please access our Frequently Asked Questions or call our Customer Service team at 315-545-5500.

Modification

We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that:

  • any amendment or modification to the provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and
  • any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification.

The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Real Healthy Eats Offerings. By your continued use of any of the Real Healthy Eats Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

Real Healthy Eats Satisfaction Guarantee

All our products and services are backed by a freshness and quality guarantee for 4 days after the receipt of your container. If for any reason you are not satisfied with a meal ingredient, please call us at 315-545-5500 or contact us via e-mail at info@realhealthyeats.com within seven (4) days of the delivery. Depending on the circumstances, we may provide you with credits for meal ingredients that will automatically be applied to future deliveries under your Meal Subscription or we may, in our sole discretion, provide you a full or partial refund of the purchase price of that meal or meal ingredient.

Real Healthy Eats may require the return or photo documentation of the product with which you are dissatisfied before we substitute an acceptable item, issue a credit voucher, or give you cash back.

Ordering Through The Site

Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process.

You can make changes to, skip, or cancel your order up to 24 hours before your delivery day:
Cancellation of orders after the required cutoff time will result in a full charge.

Price and Availability

At Real Healthy Eats we believe in offering our customers the best product at the best price. We strive to provide you with great prices compared to the competition near your delivery address. We receive fresh products to assure you the highest quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards.

Please note: We reserve the right to limit your order or the quantity of a product that you may order.

Delivery of Products

Real Healthy Eats uses refrigerated shipping solutions to maintain the quality and integrity of your products. We carefully package each delivery to ensure that food products will remain fresh in your unopened delivery container but upon delivery each container needs to be immediately refrigerated. However, you as the customer are the ultimate arbiter of freshness and should always inspect your delivery containers to confirm the contents arrive in a cool, refrigerated condition.

To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate all perishable items upon delivery.

If something is missing from your order, please call our Customer Service department at 315-545-5500 or email us at info@realhealthyeats.com.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to adjust our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail 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 delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.

Product Substitutions

At times, Real Healthy Eats may substitute meal ingredients due to market conditions outside of our control or product quality that is below our standards. In cases of ingredient substitutions, any modifications to cooking instructions will be communicated to the customer.

Credit Card Payment

Your credit/debit card will be charged for your order immediately upon checkout. Real Healthy Eats will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Real Healthy Eats reserves the right to collect funds for any uncollected transactions owed to it. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Real Healthy Eats may incur in its efforts to collect any unpaid balances from you.

Vouchers and Gift Cards

We may offer gift cards, discount promotions and other types of vouchers (Voucher) which require to be activated by email application for the holder to commence delivery of Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing a Product.

Any Voucher may only be used once by you and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one voucher can be applied per order.

We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.

Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.

Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.

We reserve the right to exclude the use of voucher codes on specific products.

License and Proprietary Rights

Copyright and Ownership.

All Site Content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Real Healthy Eats. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Real Healthy Eats for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Real Healthy Eats is strictly prohibited. You acknowledge that Real Healthy Eats and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Real Healthy Eats reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Real Healthy Eats.

Trademarks

“Real Healthy Eats,” all Real Healthy Eats logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Real Healthy Eats LLC. or otherwise proprietary to Real Healthy Eats LLC. and may not be used by you for any reason other than as expressly permitted by the Agreement. All other trademarks, service marks, product names, and company names or logos appearing by and through the Real Healthy Eats Offerings are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Real Healthy Eats Service.

Access to the Real Healthy Eats Service

Access

You will provide all equipment and services and be responsible for all data, telephone, and other charges necessary to access the Real Healthy Eats Service and the Site. You agree to comply with all laws applicable to your activities on the Real Healthy Eats 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.

ID Number and Passwords

Access to the Real Healthy Eats Service is accomplished using a registered email address and a password that you choose upon registration. You are solely 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 Real Healthy Eats 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 Real Healthy Eats Service with your password. You agree to notify Real Healthy Eats promptly of any unauthorized use of your password and you will remain liable for any use of the Real Healthy Eats Service until you notify Real Healthy Eats.

Your Account

You are responsible for, and agree to pay promptly, 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 Real Healthy Eats Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and, if applicable, alternate receiver for your order. You can update your information in the Account area on our Web site or contact our Customer Service department. 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 Real Healthy Eats, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities associated with the Real Healthy Eats Offerings and with the Agreement.
Real Healthy Eats 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 securely. Real Healthy Eats 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 Real Healthy Eats Service. When our registration/order form asks users 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 secure socket layer (SSL) encryption technology.

Corrections

If you would like to update or correct information previously provided to us, please send an e-mail with your new information to info@realhealthyeats.com, or you may update your account information yourself by going to your Account page on the Real Healthy Eats Site. Please do not send credit card or other payment information via email.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Real Healthy Eats Site and use of the Real Healthy Eats Service, to understand our practices.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Real Healthy Eats Service, which includes, without limitation, use of the Real Healthy Eats Service to:

  • disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail.
  • disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious.
  • disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person.
  • create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.
  • export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions.
  • interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Real Healthy Eats Service or any other computer network.
  • disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or
    engage in any other activity deemed by Real Healthy Eats to conflict with the letter or intent of the Agreement.

ADDITIONAL TERMS FOR CUSTOMERS ENROLLED IN AUTOMATIC SHIPMENTS ONLY

Automatic Shipments

Ongoing Automatic Shipments. Your Real Healthy Eats automatic shipments will continue week-to-week or monthly unless and until you cancel your automatic shipment subscription, or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to enroll in the Real Healthy Eats automatic shipment service. We will bill the weekly or monthly shipments to your Payment Method.

Differing Memberships. We may offer several membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in the Agreement will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Real Healthy Eats by visiting our website and visiting your Account page.

Billing

Recurring Automatic Shipment Billing. By starting Real Healthy Eats automatic shipments, you authorize us to charge you a weekly or monthly fee at the then current rate, and any other charges you may incur in connection with your use of the Real Healthy Eats service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding additional plates to automatic shipments, and you authorize us to charge your Payment Method for such varying amounts, which may be billed weekly in one or more charges.

Weekly Order Processing. When you sign up for automatic shipments, your payment method will automatically be billed each week until you cancel it, and you are enrolled to receive shipments each week (“Weekly Delivery”). You may skip a Weekly Delivery or cancel your membership at any time. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of the Agreement. Skipping Weekly Deliveries and/or order cancellation requests require advanced notice to Real Healthy Eats, as set forth more specifically via email communication. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next week.

Monthly Order Processing. When you sign up for automatic shipments, your payment method will automatically be billed the first of the month until you cancel it, and you are enrolled to receive shipments each week (“Weekly Delivery”). If you skip a Weekly Delivery or cancel your monthly membership at any time. If you skip a week delivery on a monthly order you will lose that week You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of the Agreement. Skipping Weekly Deliveries and/or order cancellation requests require advanced notice to Real Healthy Eats, as set forth more specifically via email communication. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next week.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time that we determine. Except as otherwise expressly provided for in the Agreement, any price changes to your service will take effect following email notice to you.

Billing Cycle. The automatic shipment fees for our service will be billed at the beginning of the paying portion of your enrollment and each week thereafter unless and until you cancel your frequency preferences. We automatically bill your Payment Method every 7 days for weekly subscriptions and at the beginning of the month for monthly subscriptions. Automatic shipment fees are fully earned upon payment. We reserve the right to change the timing of our billing as indicated below if your Payment Method has not successfully settled. Visit our website and click on the “Membership” link on the “Your Account” page to see the next delivery date. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

Payment Methods. You may edit your Payment Method information by visiting our website and “My Account”, available at the top of the pages of the Real Healthy Eats website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

Cancellation. You may cancel your Real Healthy Eats automatic shipment enrollment at any time. To cancel, go to the “Settings” link on your Account page and select “Stop subscription” or email us at info@realhealthyeats.com.