Terms & Conditions
Please read the following very carefully to ensure you understand each section.
Updated May 11, 2019.
These Terms & Conditions (“Terms”) are a legal contract between You and Born Bright Foods Inc., including all other affiliates (collectively, the “Company”, “we”, "Born Bright Foods", “us”, or “our”).
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CIVIL LAWSUITS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
IMPORTANT HEALTH INFORMATION
Born Bright Foods may provide health information from time to time solely as a convenience. No particular dietary, medical, physiological or health advice or result is offered, promised or guaranteed. Please consult a health care professional and/or a paediatrician regarding medical conditions specific to you or your child. By purchasing from Born Bright Foods, you acknowledge that Born Bright Foods makes no express or implied statements, representations, claims, or guarantees for any specific dietary or health-related results.
Born Bright Foods does not imply, suggest or represent that any of Our products/meals have been approved for any individual use by a medical doctor. BORN BRIGHT MEALS ARE NOT MEDICAL FOODS OR INTENDED FOR USE IN MEDICALLY SUPERVISED PROGRAMS. IF YOUR CHILD HAS ANY MEDICAL CONDITION, INCLUDING A FOOD ALLERGY, YOU MUST OBTAIN THE APPROVAL OF YOUR CHILD’S PHYSICIAN PRIOR TO STARTING A PROGRAM.
DISCLOSURES ABOUT INGREDIENTS, ALLERGENS AND NUTRITION
We create foods and meals to help meet the general health and nutrition needs of children during various stages of development. Our meals are created in collaboration with professionals and arrive properly portioned for the child. All packaging includes ingredient information and You also may find the nutrition information on our Site. Our food is made only in sanitary, commercial food kitchens that may handle peanuts, tree nuts, shellfish, dairy, eggs, fish, meat, wheat and soy. We do not use these ingredients in our food preparation but cannot guarantee that our commercial food kitchen is completely free of potential allergens. Because of the potential presence of unintentional ingredients in our food products resulting from the food preparation process, approval from the pediatrician of any child with a food allergy should be obtained before Your child is permitted to eat our food. We do not knowingly add artificial ingredients (colors, flavors, or preservatives), refined sugars, trans fats, partially hydrogenated oils or high fructose corn syrup (HFCS) in our products. You should not view any information provided on the Sites as a substitute for, or to augment in any way professional medical advice, diagnosis or treatment of any kind or nature. Seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or anything you may think could be a medical condition. Born Bright Food Products may include ingredients to which your child is allergic so always check the complete ingredients list. If you suspect that your child may be allergic or has an allergic reaction or is having some other adverse health event, immediately contact your healthcare provider or call 911 in the event of a medical emergency.
Born Bright Billing
Weekly Subscription Plan
The first time You sign up for a subscription to Born Bright Foods Services and Products (the “Subscription”), You are immediately charged for the first seven (7) days of the Weekly Plan at the time it is selected. All Plans are continuous subscription plans, and you will be charged the applicable price listed for the Weekly Plan no sooner than seven (7) days before each subsequent expected delivery date until your subscription is cancelled.
Born Bright Foods may change the price of a Weekly Plan, introduce a new Plan, or cancel any subscription Plan from time to time, in its sole discretion, and will communicate any price or Plan changes to you in advance in accordance with the “Notice” section of the Terms. Price and Plan changes will take effect as of the next billing period following the date on which Born Bright Foods provides notice to you of the price or Plan change. Continuing to use Born Bright Foods Services and Products any time after the effective date of a price or Plan change constitutes Your acceptance of such price or Plan change. You have the option to cancel a subscription to a Weekly Plan prior to the effective date of the price or Plan change so make sure you read any Notice of price or Plan changes carefully.
Credits and Refunds
If you are not satisfied with a Product for any reason, you must contact our customer service team at email@example.com later than twenty-four (24) hours following its delivery. Depending on the circumstances, and within the sole discretion of Born Bright Foods, we will provide a full or partial credit, or partial refund of the purchase price for that Product delivery. Born Bright Foods may require either that the Product be returned to Born Bright Foods Commercial Kitchen or that You send Born Bright Foods photographic images of or other documentation of the basis of Your dissatisfaction with the Product before we process a partial or full credit, or partial refund. You forfeit the right to any credits upon cancellation. They are not cash or cash equivalents.
Cancel or Modify a Weekly Plan or Monthly Plan Subscription
Following receipt of Your first Product order, You have the right to modify a subscription to a Plan at any time online by properly using the “My Account” function accessed via the bornbrightfoods.com Site, or by emailing firstname.lastname@example.org. Any amounts charged to or paid by You prior to such modification will not be refunded. A modification will ordinarily have no effect on any active order for which you have already been charged.
You have the right to cancel a subscription to a Plan at any time by contacting Born Bright Foods at email@example.com.
To avoid charges for orders placed but that You no longer wish to receive, You must pause or cancel your subscription prior to the date on which You are to be charged for Your next order or give us a call at 604-506-5398 or email us at firstname.lastname@example.org. The deadline on which You will be charged for Your next Product order for Weekly Plans is a week before the delivery. An invoice confirmation will be sent once your payment is received the upcoming delivery. The charge date typically occurs six (6) or seven (7) days before expected delivery, but can vary.
If You attempt to cancel a subscription to a Plan before receiving Your first Product order, Your first order may or may not be cancelled and related amounts paid may or may not be refunded to you, depending on factors including, but not limited to, the status of the Products in our production process and any promotions applied, determined within the sole discretion of Born Bright Foods. Born Bright Foods will notify You if any of pending Product orders will or will not be cancelled and/or refunded.
Except as noted otherwise, all amounts charged to or paid by You prior to such cancellation or modification will not be refunded. Cancellations or modifications will ordinarily take effect immediately following production and delivery of any Product order for which You have already been charged.
Food Substitution Policy
Although Born Bright Foods takes every reasonable measure to have sufficient inventory to fill every order, availability of any Product(s) may change without notice. Born Bright Foods is not responsible for unavailability of Product due to demand, unavailability of ingredients or other reasons beyond Born Bright Foods’ control.
In fulfilling Product orders, Born Bright Foods reserves the right to substitute a similar food Product. When making substitutions, Born Bright Foods uses it best efforts to meet the requirements of your particular Born Bright Foods plan. Because substituted food Product items may contain different ingredients and allergens than those in items originally ordered, please consult ingredient information before allowing your child to consume such items.
We use third-party carriers (e.g. Shift Delivery) to deliver your food Product packages. There is no tracking information provided. Delivery will be based on delivery instructions provided and it is necessary that You provide us with the completely accurate shipping information and any additional instructions required for delivery. For any shipping error caused by the carrier (including damaged packages or delayed deliveries), an investigation of the situation to determine if a refund or replacement Product delivery at no additional charge will be made at Born Bright Foods’ sole discretion. Born Bright Foods may require that You provide documentation (e.g. photos, digital images, etc.) of shipping damage. For any shipping error caused by a mistake or omission of shipping information provided by You, we will provide no more than one courtesy replacement Product shipment per year at fifty percent (50%) of the purchase price.
Delivery and Risk of Loss
Delivery Timing/Duty to Inspect Each Product Delivery
Our Product packaging is designed to keep your order fresh and cool for at least 24 hours from the time it leaves our facility. Shipments are scheduled for delivery based on the specified delivery date and location. You have a duty to accept and inspect each Product shipment immediately upon arrival to confirm that it is in good condition and to ensure, using an accurate kitchen thermometer, that each Product is still cool (4 degrees celsius or lower for the internal temperature). If your delivery arrives later than the provided time frame delivery on the specified delivery date of your order then immediately refrigerate all the meals and contact us email@example.com 24 hours of receiving your package and prior to serving the meals that arrived in your package. We will determine in our discretion if a replacement package or refund is appropriate.
In the event that delivery is delayed as the result of weather or other impediments beyond our reasonable control, a scheduled delivery date may be modified or rescheduled. If Born Bright Foods reasonably determines that a delivery cannot be made at or before the scheduled date/time, we may, in our sole discretion, offer a credit or refund. If You are not at home when Your delivery arrives, the courier will generally leave the package at the front door. Detailed delivery instructions can be provided when subscribing to a Plan, such as requesting that a delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a Product delivery is presumed to have authority to receive such delivery. In cases in an alternative recipient is designated, such person shall accept the delivery under all of the same terms and conditions that apply when You accept delivery personally.
To maintain the quality and integrity of the products, you must immediately upon delivery refrigerate all perishable products (at a temperature of 4 degrees Celsius or below) upon delivery and follow the Canadian Food Inspection Agency’s (CFIA) instructions on refrigeration and food safety, which can be found at https://www.canada.ca/en/health-canada/services/general-food-safety-tips/safe-food-handling-home.html. We also recommend that You follow the CFIA’s instructions on safe food handling, which can be found athttp://www.inspection.gc.ca/food/requirements/food-safety-standards-guidelines/eng/1526653035391/1526653035700.Your failure to follow all safe food handling practices and temperature recommendations increases the risk of food-borne illness. If You are not at home when Your Product delivery arrives, the courier will generally leave the package for You at the front door. Our products are packaged with insulated liners and gel packs and will typically remain fresh for up to several hours following delivery. However, depending on the season and temperature in Your geographic area at the time of delivery, You are solely responsible to ensure that the Products are properly stored after delivery and prior to consumption.
The Products are designed to remain fresh for a specified period of time under proper storage conditions. Each Product delivery will include instructions on the date by which each Product should be consumed. A product package may include a specific “use by” date or instruct You to consume the product within a certain number of days of delivery. These instructions should be strictly followed.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE STORAGE, REFRIGERATION AND/OR FREEZING, HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS DELIVERED TO YOU. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES OR OTHER CONDITIONS YOUR CHILD MAY HAVE AND ENSURING THAT YOUE CHILD IS NOT EXPOSED TO ANY FOOD OR INGREDIENT THEY MAY CAUSE YOUR CHILD TO EXPERIENCE ANY ADVERSE EFFECT, FOR VERIFYING THE QUALITY AND INTEGRITY OF THE PRODUCT PACKAGES AND THEIR CONTENTS BEFORE SAFELY STORING, HANDLING, PREPARING, USING OR FEEDING SUCH PRODUCTS TO ANY CHILD. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE AND/OR OUR THIRD-PARTY FULFILLMENT VENDORS STORE, PORTION AND PACKAGE PRODUCTS CONTAINING THE MAJOR FOOD ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, CRUSTACEAN SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
You are not permitted to resell or otherwise use for commercial purposes Born Bright Foods’ baby meals or other products.