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Terms & Conditions

Online Orders Orders placed on this website are subject to review by Martha’s and are checked for accuracy and to make sure you are being properly charged for the items you are ordering. If we we find errors or need clarification on the details of your order, we will contact you using the contact information you provide during the order process. If our website makes errors in properly calculating charges, we will place the order on hold and contact you. We reserve the right to cancel orders where improper calculations have been made. Full refunds will of course be made if this situation should occur.

Credit Cards & Privacy

The personal information you provide us during the ordering process is used exclusively by us for the sole purpose of processing your order and/or request and for future correspondence with you regarding your order.

We do not EVER have access to any of your banking or credit card information. All online payment processing is handled with state-of-the-art encryption and security by our payment processors including PayPal.

No payment-processing is done on our website. You are protected by the most advanced data security practices in use anywhere.

Your information is never made available to third party vendors. We accept Visa, Master Card, Discover, AMEX, PayPal.

1. Introduction and Acceptance of Terms

By placing an order, visiting our premises, or using our online ordering service, you agree to comply with and be bound by these Terms and Conditions. We reserve the right to amend these terms at any time.
 

2. Ordering and Pickup

  • Accuracy: Customers are responsible for ensuring the accuracy of their orders, including special requests, contact details, and pickup times.
  • Changes/Cancellations: Once an order is processed, changes or cancellations may not be possible.
  • Pickup: Orders must be picked up within the designated timeframe. Items not picked up within [X] hours of the scheduled time may be discarded without refund.
 

3. Food Safety, Allergens, and Dietary Restrictions

  • Allergen Notice: Our kitchen handles nuts, dairy, gluten, soy, and other common allergens. While we take precautions to avoid cross-contamination, we cannot guarantee that any item is 100% allergen-free.
  • Customer Responsibility: It is the customer’s responsibility to inform staff of any allergies before ordering.
  • Consumption: Food should be consumed promptly after pickup. We are not responsible for the safety of food consumed after it has left our premises for an extended period.
 

4. Pricing, Payment, and Refunds

  • Pricing: All prices are subject to change without notice. In the event of a discrepancy, the in-store price takes precedence.
  • Refunds: Due to the nature of fresh food service, refunds are provided at the discretion of management. Complaints regarding quality or quantity must be reported immediately upon receipt.
  • Payment: We accept cash, credit cards and digital payments. All online payments are handled securely and are not processed or stored on our servers
 

5. Limitation of Liability

Martha’s Ice Cream is not liable for any direct, indirect, or consequential damages resulting from the consumption of our food or use of our services, to the maximum extent permitted by law. This includes, but is not limited to, allergic reactions, illness, or property damage, unless caused by gross negligence.
 

6. Premises and Conduct

  • Litter: Please use provided bins to dispose of all waste.
  • Right to Refuse Service: We reserve the right to refuse service to anyone acting in a disorderly, abusive, or unsafe manner.
 

7. Intellectual Property

All content on our website, including logos, menu descriptions, and photos, is the property of Martha’s Ice Cream.
 

8. Governing Law

These terms are governed by the laws of the State of New York.
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