Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND ONLINE STORE, VIA DESKTOP OR MOBILE DEVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITE OR ONLINE STORE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

These Terms of Use ("Terms") apply exclusively to your access to, and use of the Website and Online Store (collectively, the "Sites") of Curio Spice Company ("Curio Spice"). The Terms do not alter in any way the terms or conditions of any other agreement you may have with Curio Spice, or its subsidiaries or affiliates, for products, stores or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and Curio Spice for its violations of these Terms.

These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who purchase with us.

Curio Spice reserves the right to change or modify these Terms at any time and in its sole discretion. If Curio Spice makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites, or updating the date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.

If you have any questions regarding the use of the Sites, please refer to the FAQ section on curiospice.com. All other questions or comments about the Sites or its contents may be directed to customer service by calling (617) 945-1888 or emailing us at support@curiospice.com.

 

1. Privacy Policy

Please refer to our Privacy Policy for information on how Curio Spice collects, uses, and shares information about its users.

2. Eligibility, Registration and Account

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use, or register for an account on the Sites. In addition, you may not purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Sites account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

To create an account on the Sites, you must register using a valid, active email address that you own or have authorized access to use. You agree not to register an account using an email address, handle, or identifier that impersonates another person or entity, misrepresents your affiliation, or incorporates a trademark, trade name, or service mark without express authorization from the trademark owner. Curio Spice reserves the right to suspend, terminate, or require you to modify any account or reclaim any associated display identifiers on behalf of businesses or individuals that hold legal claims, including intellectual property or trademark rights, in those names or designations.

In consideration of your use of the Sites, you agree to:

  1. Provide accurate, current, and complete information during registration and checkout;

  2. Maintain and promptly update your account and contact information;

  3. Maintain the security of the registered email account used to authenticate your access, restrict unauthorized access to any login links, verification codes, or authentication prompts delivered to that address, and accept all risks of unauthorized access to your account resulting from compromised email credentials; and

  4. Promptly notify Curio Spice if you discover or otherwise suspect any unauthorized access to your account or any security breaches related to the Sites.

3. Ownership of Site Content

Unless otherwise indicated on the Sites, the Sites and all content and other materials therein—including, without limitation, the Curio Spice name, logos, and all designs, text, recipes, graphics, photographs, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Site Content")—are the proprietary property of Curio Spice or its affiliates, licensors, suppliers, or users, and are protected by U.S. and international copyright laws.

You are granted a limited, non-exclusive, non-sublicensable license to access and use the Sites and to electronically copy (except where prohibited without a license) and print hard-copy portions of the Site Content solely for your informational, personal, and noncommercial use. Such license is subject to these Terms and expressly excludes:

  1. Any resale or commercial use of the Sites or the Site Content;

  2. The collection, scraping, or use of any product listings, pictures, or descriptions;

  3. The distribution, public performance, or public display of any Site Content;

  4. Modifying or otherwise making any derivative uses of the Sites or the Site Content, or any portion thereof;

  5. The use of any data mining, robots, spiders, scrapers, or similar automated data gathering or extraction methods;

  6. Downloading (other than page caching) of any portion of the Sites, the Site Content, or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; and

  7. Any use of the Sites or the Site Content other than for their intended purposes.

Any use of the Sites or Site Content other than as specifically authorized herein, without the prior written permission of Curio Spice, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable state and federal laws, including copyright and trademark statutes and applicable communications regulations. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

4. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Curio Spice has adopted a policy of terminating, in appropriate circumstances and at Curio Spice’s sole discretion, account holders or users who are deemed to be repeat infringers. Curio Spice may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that any material or content on the Sites infringes upon any copyright that you own or control, you may file a formal notification of such infringement with our designated DMCA agent:

  • Name of Designated Agent: Claire Cheney

  • Company: Curio Spice Company

  • Mailing Address: 2265 Massachusetts Avenue, Cambridge, MA 02140

  • Phone: 617-945-1888

  • Email: claire@curiospice.com

Please review 17 U.S.C. § 512(c)(3) for the legal requirements of a proper notification. If you knowingly make any material misrepresentation in your notification that material or activity is infringing, you may be liable for statutory and actual damages, including costs and attorneys' fees, incurred by Curio Spice or the alleged infringer as a result of our relying upon such misrepresentation in removing or disabling access to the material claimed to be infringing.

We may notify our users of a claim of copyright infringement by means of a general notice on the Sites, an email sent to a user’s registered email address in our records, or written communication sent by first-class mail to a user’s address on file.

5. Trademarks

"Curio Spice," the Curio Spice logo, and any other Curio Spice product or service names, logos, designs, or slogans appearing on the Sites are trademarks, service marks, or trade dress of Curio Spice Company and its affiliates or subsidiaries, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Curio Spice or the applicable trademark holder. You may not use any metatags, page metadata, or any other "hidden text" utilizing "Curio Spice" or any other name, trademark, or product name of Curio Spice without our prior written consent.

In addition, the look and feel of the Sites—including all page headers, custom graphics, button icons, typography, color palettes, and scripts—constitutes the service mark, trademark, and/or trade dress of Curio Spice and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Sites are the property of their respective owners, and reference to any third-party products, services, or processes does not constitute or imply endorsement, sponsorship, or recommendation by Curio Spice.

If you believe that anything on the Sites infringes upon any trademark that you own or control, you may file a notice of infringement with our designated agent as outlined in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)). 

6. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Curio Spice or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult, obscene, unlawful, harassing, or otherwise objectionable material. This limited right may be revoked by Curio Spice at any time. You may not use a Curio Spice logo or other proprietary graphic of Curio Spice to link to the Sites without our express written permission. Furthermore, you may not use, frame, or utilize framing techniques to enclose any Curio Spice trademark, logo, or other proprietary information, including images found on the Sites, the text of any page, or the layout/design of any page or form contained on the Sites, without our express written consent.

Curio Spice makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such external sites are not under the control of Curio Spice, and Curio Spice is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. Curio Spice provides these links solely as a convenience, and the inclusion of any link does not imply affiliation, endorsement, sponsorship, or adoption by Curio Spice of any site or any information contained therein. When you navigate away from the Sites, our terms and policies no longer govern. You should review the applicable terms, privacy policies, and data-gathering practices of any external site you visit.

7. User Content and Interactive Features or Areas

 

The Sites may include product review forms, comment areas, recipe submissions, discussion forums, or other interactive features (collectively, "Interactive Areas") in which you or other users may create, submit, post, transmit, or store content, including text, photographs, recipes, reviews, ratings, graphics, or other materials (collectively, "User Content"). User Content submitted to Interactive Areas is publicly viewable, but does not include private personal account information or payment details submitted during checkout. You agree that you are solely responsible for your User Content and your use of such Interactive Areas, and that you use them at your own risk.

By using any Interactive Areas on the Sites, you agree not to submit, post, upload, transmit, distribute, store, create, or otherwise publish any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;

  • User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create civil liability or violate any local, state, national, or international law;

  • User Content that displays, describes, or encourages consumption or usage of any spice, botanical, or product we sell in a manner that is dangerous, harmful, inconsistent with intended culinary use, or contrary to any product warnings or instructions;

  • User Content that impinges upon or violates the publicity, privacy, or data-protection rights of others, including personal information or photographs of another individual submitted without their express written consent;

  • User Content that makes false, unsubstantiated, or misleading claims about any person, company, ingredient, product, or service;

  • User Content that fails to clearly and conspicuously disclose any material connection you have to Curio Spice or any mentioned third-party brand (including receipt of complimentary products, sponsorships, employee relationships, or affiliate compensation, pursuant to FTC guidelines);

  • User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;

  • Viruses, spyware, malware, corrupted files, or any other destructive, disruptive, or harmful code; or

  • User Content that, in the sole judgment of Curio Spice, restricts or inhibits any other person from using or enjoying the Sites, or which may expose Curio Spice, its partners, or its users to any harm, inconvenience, or liability of any type.

Curio Spice takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Curio Spice liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity you may encounter. Enforcement of these Terms is solely at Curio Spice's discretion, and a failure to enforce them in any specific instance does not constitute a waiver of our right to enforce them in other instances. These Terms do not create any private right of action for any third party, nor do they create a guarantee that the Sites will remain free of prohibited content. Curio Spice reserves the absolute right and discretion to pre-screen, monitor, review, edit, or remove any User Content posted or stored on the Sites at any time and for any reason without prior notice. You are solely responsible for creating backup copies of any User Content you post or store on the Sites at your sole expense.

Curio Spice's right to disclose any such information shall govern over any terms of Curio Spice's Privacy Policy. 

8. Rights in User Content and Feedback

Except as otherwise provided herein, on the Sites, or in a separate agreement (such as the official rules of a Curio Spice contest or giveaway), Curio Spice claims no ownership or control over any User Content.

For purposes of these Terms, "User Content" includes any text, photographs, images, video, audio, recipes, reviews, comments, or other materials you submit, upload, post, tag, or display on or through:

  • Curio Spice websites, domains, subdomains, and online stores (collectively, the "Sites");

  • Curio Spice official social media accounts, pages, feeds, or channels on third-party platforms (including, but not limited to, Instagram, Facebook, TikTok, Pinterest, YouTube, and X/Twitter); or

  • Any third-party platform where you tag Curio Spice official handles or use Curio Spice campaign-specific hashtags (collectively with our accounts, the "Curio Channels").

By submitting, posting, or tagging User Content on or across the Sites or Curio Channels, you grant Curio Spice and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content on the Sites, on the Curio Channels, and on third-party platforms or marketing channels. We will contact you directly to obtain permission before we use your User Content for our own commercial or paid advertising purposes, unless you expressly grant these rights to Curio Spice at the time you submit or upload your content. If you choose to remove your User Content, the license granted above will automatically expire with respect to future postings; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content, and cached, reposted, or shared copies may persist across third-party platforms or public feeds for some period of time.

By submitting or posting User Content to or in connection with the Sites or Curio Channels, you represent and warrant that:

  1. Such User Content is non-confidential;

  2. You own and control all rights, title, and interest in and to the User Content, or you otherwise possess all necessary licenses, rights, consents, and permissions to submit, post, tag, and use such User Content and to grant the rights to Curio Spice set forth in these Terms;

  3. The User Content is accurate and not misleading, defamatory, obscene, or harmful in any manner; and

  4. The User Content, and your posting thereof, does not and will not violate these Terms, our Site Rules, any third-party social media platform terms of service, any other applicable Curio Spice guidelines or policies, or any applicable federal, state, local, or international law, rule, or regulation.

Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, product ideas, recipe ideas, plans, notes, drawings, original or creative materials, or other information regarding the Sites, Curio Channels, Curio Spice, or Curio Spice’s products or services that are provided by you, whether by email, direct message, submission forms, posting to the Sites or Curio Channels, or otherwise ("Feedback"), are non-confidential and shall become the sole property of Curio Spice. Curio Spice shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, commercialization, and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. To avoid any potential disputes, do not send us Feedback if you expect to be compensated or want to retain ownership or claim rights to such ideas. While your idea might have value, Curio Spice may have already considered, developed, or tested the same or a similar concept independently.

9. Product Reviews

We may provide specific opportunities for you to tell Curio Spice and other Curio Spice customers or Sites users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Curio Spice does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to "power" or provide the opportunity to review products or services. In that case, you will also need to review the terms of service for that third party's website, including its privacy policy, to determine whether they are acceptable to you. If they are not, do not use its site or provide Product Reviews. Curio Spice reserves the right, and has the absolute discretion, to remove, screen, or edit all or a portion of any Product Review at any time and for any reason without notice. 

10. User Conduct

You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:

  • Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;

  • Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;

  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;

  • Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);

  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

  • Use or attempt to use another's account without authorization from Curio Spice;

  • Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;

  • Engage in any harassing, intimidating, predatory or stalking conduct;

  • Develop any third-party applications that interact with User Content and our Sites; or

  • "Frame" our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

Curio Spice is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is Curio Spice responsible or liable for any associated loss, damage, injury or harm. Although Curio Spice has no obligation to monitor any user conduct on the Sites, Curio Spice reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. Curio Spice does not approve or endorse any user-posted meetings or events referenced on the Sites and Curio Spice recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you. 

11. No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. 

12. Indemnification

You agree to defend, indemnify and hold harmless Curio Spice, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) any Product Review you provide; (e) your violation of these Terms; (f) your violation of any rights of another; or (g) your conduct in connection with the Sites. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you. 

13. Disclaimer

Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. CURIO SPICE DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Curio Spice does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Curio Spice does not represent or warrant that the Sites or its servers are free of viruses or other harmful components.

IN ADDITION, CURIO SPICE DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING CURIO SPICE VIDEOS AND "EXPERT ADVICE" ARTICLES. The Site Content is intended to be general in nature. The information provided in the Site Content or through linkages to other sites is not designed to and does not constitute or serve as a substitute for professional medical advice or treatment for specific medical conditions. You should not use this information to diagnose or treat a health problem without consulting with a qualified healthcare provider.  Medical information changes frequently. Therefore the Site Content or information on linked sites should not be considered current, exhaustive or complete, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any Site Content or on linked sites is solely at your own risk. Curio Spice does not recommend or endorse any specific products, procedures, opinions or other information that may be provided on linked sites. The linked sites may contain images or information that you find offensive. Curio Spice has no control over and accepts no responsibility for such materials.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. 

14. Limitation of Liability

IN NO EVENT SHALL CURIO SPICE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM CURIO SPICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CURIO SPICE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CURIO SPICE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CURIO SPICE FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

15. Modifications to Site

Curio Spice reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Curio Spice will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof. 

16. Applicable Law and Venue

These Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of Massachusetts, applicable to agreements made and to be entirely performed within the State of Massachusetts, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Middlesex County, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and waive any objection which you may have to the venue of any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. CUSTOMER WAIVES THE RIGHT TO A JURY TRIAL. 

17. Termination

Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Curio Spice reserves the right, without notice and in its sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites, which include the following websites and corresponding mobile applications ("Apps"), and any other websites, Apps or other Stores that we may launch from time to time (the "Stores"): curiospice.com. 

18. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Part Two – Terms for Users Making Purchases

PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITES.

 All orders are subject to the Terms set forth herein. Submission of an order shall constitute, but is not the sole form of, your acceptance of such Terms. 

1. Pricing and Availability

All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. 

2. Errors

We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. 

3. Out-of-Stock Items

If the attribute (Organic, Natural, Color, Size, etc.) that you want is not listed in the drop-down box on the Product Information page, it is not then available for ordering. Please check back later or indicate that you would like us to notify you if the product becomes available. Note that some items may be  unavailable even if the Sites indicate that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will charge your payment card upon completion of the checkout process and ship your item as soon as possible. If the item is no longer available, we will cancel and refund the item from your order and notify you, usually via email. 

4. Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you. 

5. Shipping & Handling; No Export by You

When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by cheapest available method, with many upgrade options. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export. 

6. Payment; Credit for Refunds

Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our sole discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter with your method of payment in order to proceed with your order. 

7. Returns and Exchanges

Whether you made your purchase through the Sites or through phone/mail order, you may return or exchange any unopened, unused items not including consumable goods or gift cards by mail within 30 days of receiving the item, subject to any contrary terms imposed on your purchase and provided that you follow the instructions on the Sites. Exchanges and returns on undamaged, otherwise satisfactory items will be at the sole expense of the customer. Food items such as spices and blends, and gift cards both physical and digital are final sale unless unsafe or defective. Gift cards with less than $5 remaining balance can be redeemed for cash, per state law in Massachusetts. Returns may make you ineligible for promotions, and we reserve the right to require identification, proof of purchase, or additional verifiable information to help Curio Spice locate the purchase in our records. If a gift certificate or card, voucher, coupon or payment mechanism other than a credit or debit card or Apple Pay was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may in our sole discretion give you a store credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances, less the cost of shipping. In the case of an exchange for an undamaged or otherwise satisfactory item, the customer agrees to cover the cost of shipping both the return to Curio Spice, and the charges for shipping the replacement item. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price. If you believe a product sold by Curio Spice has a condition or defect that might make it unsafe, please report this safety concern immediately by calling 617-945-1888 or emailing our designated agent as set forth in Part 1 Section 4. 

8. Issues With Orders

Customers have 30 days from the date an order is received, as indicated by tracking provided by postal carriers (including, but not limited to, FedEx, USPS, and UPS), to report any missing or damaged items. Within 30 days, Curio Spice will, at Curio Spice’s sole discretion, upon receipt of notification of damaged or missing items, provide store credit, refund to original payment method, or a replacement item of the approximate same nature and value as the missing or damaged item at Curio Spice’s sole expense. Curio Spice reserves the right to request proof of damaged products, usually in the form of photographs, or may request to have the item(s) sent back to Curio Spice at Curio Spice’s expense. Outside of 30 days from the date an order is received, Curio Spice will offer compensation for lost or damaged items at its sole discretion.

9. Abandoned Pickup Orders

If Storefront Pickup is selected at checkout, customers have six days from notification of order fulfillment (via email) to retrieve their order from 2265 Massachusetts Avenue Cambridge MA 02140 (“The Shop”) for pickup. If, after six days, a customer’s order has not been retrieved, Curio Spice reserves the right to cancel and refund the order, less a $5 restocking fee or the total of the order, whichever is less.

10. Limited Warranty

CURIO SPICE WARRANTS THAT CURIO SPICE BRANDED PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AT THE TIME OF SALE. THIS WARRANTY DOES NOT APPLY TO DAMAGE OR MALFUNCTIONS CAUSED BY NORMAL WEAR AND TEAR, ACCIDENT, ABUSE, NEGLECT, IMPROPER STORAGE, HANDLING OR USE, MISUSE, VANDALISM, ACTS OF GOD, OR OTHER CAUSES EXTERNAL TO THE PRODUCTS.

CURIO SPICE MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND THIS LIMITED WARRANTY SUPERCEDES ANY PRIOR REPRESENTATIONS AND UNDERSTANDINGS REGARDING THE PRODUCTS, INCLUDING ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

CURIO SPICE DOES NOT MANUFACTURE THE NON-CURIO SPICE BRANDED PRODUCTS IT SELLS AND MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES THEREON OR WITH RESPECT THERETO AND SELLS THE GOODS AS-IS, WHERE-IS. CURIO SPICE MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR CONDITION AND HEREBY DISCLAIMS ANY AND ALL SUCH IMPLIED WARRANTIES THAT MAY ARISE BY OPERATION OF LAW OR OTHERWISE. Manufacturers of non-Curio Spice branded products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers, which warranty(s) shall be between you and the manufacturer and to which Curio Spice is not a party.  

11. Exclusivity of Remedy; Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY, AND CURIO SPICE’S SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE SERVICE UNDER CURIO SPICE’S RETURNS AND EXCHANGES POLICY, DESCRIBED IN SECTIONS 7 AND 8 OF THESE TERMS. IN NO EVENT SHALL CURIO SPICE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF BUSINESS OR ANY LOSS OCCASIONED BY DELAY IN DELIVERY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF CURIO SPICE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. The foregoing is intended as a complete allocation of the risks between Curio Spice and you, and you hereby agree that this limitation upon remedies will not have failed of its essential purpose. Your remedies set out herein are exclusive. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

 

 

 

Ranked One of the Best Places for Working Parents

We are proud to be listed as one of The Best Place for Working Parents!® We are joining other businesses that are leading the way in family-friendly policies.