SERVICE AGREEMENT
South Berkeley Produce & Meat LLC

This Service Agreement (“Agreement”) sets out the terms and conditions that govern your access to and use of the website alanhigley.com (the “Site”) and any products or services offered by South Berkeley Produce & Meat LLC (“South Berkeley Produce & Meat,” “we,” “us,” or “our”).

By accessing, browsing, or placing an order through the Site, you (“you,” “your,” or “Customer”) agree to be bound by this Agreement. If you do not agree with these terms, you should not use the Site or place orders through it.

  1. COMPANY INFORMATION

South Berkeley Produce & Meat LLC
Address: 3120 Sacramento St, Berkeley, CA 94702, USA
Phone: (510) 647-8585
Email: [email protected]
Website: alanhigley.com

This Agreement applies to all online orders and interactions with us through the Site.

  1. ELIGIBILITY & USE OF THE SITE

2.1 Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to place an order through the Site. By using the Site, you represent and warrant that you meet this requirement.

2.2 Personal Use
Our products and services are intended for personal, household, or family use, not for resale, unless we have given you written permission to buy as a reseller or business customer.

2.3 Accuracy of Information
You agree to provide true, accurate, and complete information when creating an account (if applicable) or placing an order, including your name, contact details, and delivery address. You are responsible for keeping this information up to date.

  1. ONLINE ORDERS & CONTRACT FORMATION

3.1 Placing an Order
By placing an order on the Site, you are making an offer to purchase the selected products subject to this Agreement.

3.2 Order Review & Acceptance
All orders are subject to our review and acceptance. We may accept, reject, or cancel any order at our sole discretion, including in cases of:

  • Product unavailability

  • Errors in pricing or product information

  • Suspected fraud or unauthorized activity

  • Delivery address outside our service area

You will receive an order confirmation email after your order is submitted. This confirmation acknowledges that we have received your order; it does not guarantee acceptance. A binding contract is formed when we process your payment and begin preparing your order for delivery or pickup.

3.3 Changes & Cancellations
If you need to change or cancel an order, please contact us as soon as possible. Once an order has entered the preparation or shipping process, changes or cancellations may no longer be possible.

  1. PRODUCT AVAILABILITY, SUBSTITUTIONS & WEIGHT VARIATIONS

4.1 Availability
All products listed on the Site are subject to availability. We do not guarantee that any particular item will be in stock at the time of your order or at the time of preparation.

4.2 Substitutions
For certain fresh or perishable items, we may offer substitutions if your selected product is unavailable. If you do not want substitutions, you should clearly indicate that preference where available during checkout or in your notes. If substitutions are not acceptable to you, we may remove the unavailable item from your order and adjust your total accordingly.

4.3 Variable Weight Items
Some items, especially meats and produce sold by weight, may vary slightly from the exact weight shown on the Site. The final charge may reflect the actual weight prepared for your order, within a reasonable range.

  1. PRICING, FEES & TAXES

5.1 Pricing
Prices shown on the Site are in US Dollars (USD) and apply only to orders placed through the Site. Prices may change without prior notice, but any such changes will not affect orders that have already been accepted and processed.

5.2 Errors
We make reasonable efforts to ensure that prices and product information are accurate. However, errors may occasionally occur. If we discover a pricing or product information error after you place an order, we may contact you to confirm whether you wish to proceed with the corrected details or cancel the affected item(s).

5.3 Taxes
For orders placed through this Site, we currently apply a 0% sales tax rate. If applicable tax laws change or we become required to charge sales tax, we will update this policy and reflect any tax at checkout.

5.4 Shipping & Handling
Shipping / delivery fees and handling details are described in our separate “Shipping & Handling” page. That page forms part of this Agreement.

  1. PAYMENTS

6.1 Accepted Payment Methods
We currently accept online payments through:

  • PayPal

  • Credit / debit cards processed via Stripe

Details of how to pay and security information are provided in our “How to Pay” page, which is incorporated by reference into this Agreement.

6.2 Payment Authorization
By placing an order, you authorize us and our payment processors to charge the full amount of your order, including any applicable shipping fees and other charges shown at checkout.

6.3 Failed or Reversed Payments
If your payment is declined, reversed, or otherwise fails after your order has been shipped or delivered, you remain responsible for the full amount due. We may contact you to arrange an alternate payment method or take appropriate steps to recover outstanding amounts.

  1. SHIPPING, DELIVERY & RISK OF LOSS

7.1 Shipping & Delivery Terms
Our shipping and delivery practices, including service areas, flat-rate shipping, cutoff times, and estimated delivery windows, are described in our “Shipping & Handling” page. That page is part of this Agreement.

7.2 Transfer of Risk
Risk of loss and damage passes to you when the order is delivered to the address provided at checkout or when the order is handed to you or your representative at the agreed location.

7.3 Customer Responsibility After Delivery
Once products are delivered, you are responsible for promptly inspecting them and storing them under appropriate conditions (such as refrigeration or freezing for perishable items). We are not responsible for product quality issues resulting from improper storage or delays in refrigeration after delivery.

  1. RETURNS, REFUNDS & ISSUE RESOLUTION

Our policies for returns, refunds, and replacements are described in detail in the “Easy Returns” page, which is part of this Agreement.

Generally:

  • For perishable items, issues must be reported promptly within the timeframes stated in the Easy Returns policy.

  • We may request photos, order details, and explanations to assess the situation.

  • Approved resolutions may include a refund, store credit, or replacement, depending on the circumstances.

Shipping fees are typically non-refundable except where the problem is clearly due to our error or an issue within our control.

  1. PRODUCT INFORMATION, QUALITY & ALLERGENS

9.1 Product Descriptions
We aim to provide accurate descriptions, photos, and details for products listed on the Site. However, there may be slight differences in color, size, packaging, or appearance due to natural variation, supplier changes, or updates. Such variations do not constitute misrepresentation or grounds for automatic refund unless they affect safety or essential product features.

9.2 Freshness & Quality
We take reasonable care to source and handle products in a way that supports freshness and quality. For perishable and temperature-sensitive items, correct handling and prompt refrigeration after delivery are critical.

9.3 Allergens & Dietary Needs
We may offer certain information about ingredients or potential allergens, but:

  • It is your responsibility to review labels and ingredient lists where available.

  • Products may be processed or packaged in facilities that handle common allergens.

If you have serious allergies or specific dietary restrictions, please exercise caution and contact us with questions before ordering.

  1. USER ACCOUNTS (IF APPLICABLE)

10.1 Account Creation
You may be able to create an account on the Site to save your details, view order history, and use other features. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

10.2 Unauthorized Use
If you suspect that your account has been accessed without authorization, you should notify us immediately and change your password. We are not responsible for any loss or damage arising from unauthorized use of your credentials where you have failed to take reasonable steps to protect them.

  1. ACCEPTABLE USE & PROHIBITED CONDUCT

You agree not to use the Site or our services for any unlawful, abusive, or disruptive purpose, including but not limited to:

  • Attempting to interfere with the security or proper functioning of the Site

  • Collecting or harvesting information about other users without consent

  • Engaging in fraudulent activity, including using stolen payment information

  • Uploading or transmitting malicious code or content

We may suspend or terminate your access to the Site if we believe you have violated this Agreement or engaged in harmful conduct.

  1. INTELLECTUAL PROPERTY

All content on the Site, including text, graphics, logos, images, and layout, is owned by or licensed to South Berkeley Produce & Meat LLC and is protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works based on any part of the Site without our prior written permission, except for personal, non-commercial use as permitted by law.

  1. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the Site and all products and services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to:

  • Warranties of merchantability

  • Fitness for a particular purpose

  • Non-infringement

We do not guarantee that the Site will be uninterrupted, error-free, or free from viruses or other harmful components, or that any particular delivery time or outcome is guaranteed.

  1. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

  • South Berkeley Produce & Meat LLC, its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Site or products purchased through it.

  • Our total liability for any claim connected to your use of the Site or any order shall not exceed the total amount paid by you for the specific order giving rise to the claim.

Nothing in this Agreement excludes or limits liability where such exclusion or limitation is not allowed by applicable law.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless South Berkeley Produce & Meat LLC and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Site or products

  • Your breach of this Agreement

  • Your violation of any law or the rights of any third party

  1. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement and any dispute arising out of or relating to it, the Site, or your orders shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without regard to conflict of law principles.

Any dispute that cannot be resolved informally may be brought before the state or federal courts located in California, and you agree to submit to the jurisdiction of those courts.

  1. CHANGES TO THIS AGREEMENT

We may update or modify this Service Agreement from time to time. When we make changes, we will update the “last updated” date if displayed, or otherwise indicate that the policy has been revised.

Your continued use of the Site after changes are posted constitutes your acceptance of the updated Agreement.

  1. CONTACT INFORMATION

If you have any questions about this Agreement, your orders, or our services, you can contact us at:

South Berkeley Produce & Meat LLC
3120 Sacramento St
Berkeley, CA 94702
Phone: (510) 647-8585
Email: [email protected]